Effective 5/8/2018 62A-3-201. Legislative findings — Purpose — Ombudsman. (1) The Legislature finds and declares that the citizens of this state should be assisted in asserting their civil and human rights as patients, residents, and clients of long-term care facilities created to serve their specialized needs and problems; and that for the health, safety, and […]
Effective 5/8/2018 62A-3-203. Long-Term Care Ombudsman Program — Responsibilities. (1) (a) There is created within the division the ombudsman program for the purpose of promoting, advocating, and ensuring the adequacy of care received and the quality of life experienced by residents of long-term care facilities within the state. (b) Subject to the rules made under […]
Effective 5/8/2018 62A-3-204. Powers and responsibilities of ombudsman. The long-term care ombudsman shall: (1) comply with Title VII of the federal Older Americans Act, 42 U.S.C. 3058 et seq.; (2) establish procedures for and engage in receiving complaints, conducting investigations, reporting findings, issuing findings and recommendations, promoting community contact and involvement with residents of long-term […]
Effective 5/8/2018 62A-3-205. Procedures — Adjudicative proceedings. The ombudsman shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the ombudsman’s adjudicative proceedings. Amended by Chapter 60, 2018 General Session
Effective 5/8/2018 62A-3-206. Investigation of complaints — Procedures. (1) The ombudsman shall investigate each complaint the ombudsman receives. An investigation may consist of a referral to another public agency, the collecting of facts and information over the telephone, or an inspection of the long-term care facility that is named in the complaint. (2) In making […]
Effective 5/8/2018 62A-3-207. Confidentiality of materials relating to complaints or investigations — Immunity from liability — Discriminatory, disciplinary, or retaliatory actions prohibited. (1) The ombudsman shall establish procedures to ensure that all files maintained by the ombudsman program are disclosed only at the discretion of and under the authority of the ombudsman. The identity of […]
Effective 5/8/2018 62A-3-208. Prohibited acts — Penalty. (1) No person may: (a) give or cause to be given advance notice to a long-term care facility or agency that an investigation or inspection under the direction of the ombudsman is pending or under consideration, except as provided by law; (b) disclose confidential information submitted to the […]
Affected by 63I-1-262 on 7/1/2023 Effective 5/8/2018 62A-3-209. Assisted living facility transfers. (1) After the ombudsman receives a notice described in Subsection 26-21-305(1)(a), the ombudsman shall: (a) review the notice; and (b) contact the resident or the resident’s responsible person to conduct a voluntary interview. (2) The voluntary interview described in Subsection (1)(b) shall: (a) […]
