Section 42-66.7-1. – Short title.

§ 42-66.7-1. Short title. This chapter shall be known and may be cited as the “Long-Term Care Ombudsperson Act of 1995”. History of Section.P.L. 1995, ch. 92, § 1.

Section 42-66.7-10. – Annual reports.

§ 42-66.7-10. Annual reports. The long-term care ombudsperson shall submit an annual report of the activities of the long-term care ombudsperson program and the long-term care ombudsperson’s activities concerning facilities and the protection of the rights of residents of the facilities with the assistant secretary for aging, director, governor, general assembly, director of the Rhode […]

Section 42-66.7-11. – Immunity from liability.

§ 42-66.7-11. Immunity from liability. Any person, institution, or official who in good faith participates in the registering of a complaint, or who in good faith investigates that complaint or provides access to those persons carrying out the investigation, or who participates in a judicial proceeding resulting from that complaint, is immune from any civil […]

Section 42-66.7-12. – Rules and regulations.

§ 42-66.7-12. Rules and regulations. The director of the department of elderly affairs shall promulgate and, from time to time, revise rules and regulations for the implementation and enforcement of the long-term ombudsperson program including, but not limited to, the procedures for the receipt, investigation and resolution, through administrative action, of complaints. As applicable, the […]

Section 42-66.7-13. – Interagency cooperation.

§ 42-66.7-13. Interagency cooperation. Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other state agencies or departments. The director shall establish an interagency agreement among the elderly affairs department, the department of health, the department of attorney general and the department of human […]

Section 42-66.7-14. – Non-interference.

§ 42-66.7-14. Non-interference. No person shall willfully interfere with the long-term care ombudsperson in the performance of the ombudsperson’s official duties. History of Section.P.L. 2003, ch. 55, § 2; P.L. 2003, ch. 74, § 2.

Section 42-66.7-15. – Enforcement.

§ 42-66.7-15. Enforcement. The director shall have the power to enforce the provisions of this chapter. History of Section.P.L. 2003, ch. 55, § 2; P.L. 2003, ch. 74, § 2.

Section 42-66.7-16. – Penalty for violations of sections 42-66.7-8 and 42-66.7-14.

§ 42-66.7-16. Penalty for violations of sections 42-66.7-8 and 42-66.7-14. Every person who willfully violates the provisions of § 42-66.7-8 or § 42-66.7-14 will be subject to a fine up to one thousand dollars ($1,000) for each violation of these sections and any other remedy provided for in the Rhode Island law. History of Section.P.L. […]

Section 42-66.7-17. – Severability.

§ 42-66.7-17. Severability. If any provision of this chapter or any rule or regulation made under this chapter, or the application of any provision of this chapter to any person or circumstance shall be held invalid by any court of competent jurisdiction, the remainder of the chapter, rule or regulation and the application of such […]

Section 42-66.7-2. – Program established.

§ 42-66.7-2. Program established. There is established a program of the Long-Term Care Ombudsperson to be administratively attached to the department of elderly affairs in accordance with its mandate under § 42-66-4 and the Older Americans Act, 42 U.S.C. § 3001 et seq. History of Section.P.L. 1995, ch. 92, § 1.

Section 42-66.7-3. – Definitions.

§ 42-66.7-3. Definitions. As used in this chapter: (1) An “act” of any facility or government agency includes any failure or refusal to act by any facility or government agency. (2) “Administrator” means any person who is charged with the general administration or supervision of a facility whether or not that person has an ownership […]

Section 42-66.7-4. – Long-term care ombudsperson.

§ 42-66.7-4. Long-term care ombudsperson. The department of elderly affairs shall establish the position(s) of long-term care ombudsperson for the purpose of advocating on behalf of long-term care facility residents and of receiving, investigating and resolving through mediation, negotiation, and administrative action complaints filed by residents of long-term care facilities, individuals acting on their behalf […]

Section 42-66.7-5. – Powers and duties.

§ 42-66.7-5. Powers and duties. The long-term care ombudsperson shall: (1) Identify, investigate, and resolve complaints that: (a) are made by, or on behalf of, residents; and (b) relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents […]

Section 42-66.7-6. – Confidentiality.

§ 42-66.7-6. Confidentiality. The files maintained by the long-term care ombudsperson program are confidential and shall be disclosed only with the written consent of the resident client affected or his or her legal representative, or if any disclosure is required by court order. Nothing in this paragraph shall be construed to prohibit the disclosure of […]

Section 42-66.7-7. – Access to records, facility, resident.

§ 42-66.7-7. Access to records, facility, resident. (a) In the course of an investigation, the long-term care ombudsperson shall: (1) Make the necessary inquiries and obtain information as is deemed necessary; (2) Have access to facilities and residents; and (3) Enter facilities and, after notifying the person in charge, inspect any books, files, medical records, […]

Section 42-66.7-8. – Retaliation prohibited.

§ 42-66.7-8. Retaliation prohibited. No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility by the facility; nor against any guardian or family member of any resident; nor against any resident of the facility; nor against any volunteer for any communication by him or her with the long-term […]

Section 42-66.7-9. – Cooperation required.

§ 42-66.7-9. Cooperation required. (a) The long-term care ombudsperson may request from any government agency, and the agency is authorized and directed to provide, any cooperation and assistance, services, and data as will enable the long-term care ombudsperson to properly perform or exercise any of his or her functions, duties and powers under this chapter. […]