§ 26-11.5-101. Short Title
This article shall be known and may be cited as the “Colorado Long-term Care Ombudsman Act”. Source: L. 90: Entire article added, p. 1401, § 1, effective April 10.
§ 26-11.5-102. Legislative Declaration
The general assembly hereby recognizes that the former state department of social services, currently the state department of human services, pursuant to the federal “Older Americans Act of 1965”, as amended, has established a state long-term care ombudsman program. The general assembly finds, determines, and declares that it is the public policy of this state […]
§ 26-11.5-103. Definitions
As used in this article 11.5, unless the context otherwise requires: Repealed. “Local ombudsman” means an individual trained and designated as qualified by the state long-term care ombudsman to act as a representative of the office of the state long-term care ombudsman. (2.5) “Local PACE ombudsman” means the person or persons trained and designated as […]
§ 26-11.5-104. Creation of State and Local Long-Term Care and Pace Ombudsman Programs
Pursuant to the older Americans act, there is hereby established a state long-term care ombudsman program which shall be comprised of a state long-term care ombudsman office and local ombudsman offices established throughout the state. The state long-term care ombudsman office shall be established and operated under the state department of human services either directly […]
§ 26-11.5-105. Duties of State Long-Term Care Ombudsman
In addition to such other duties and functions as the state department may allocate to the office, the state long-term care ombudsman has the following duties and functions in implementing a statewide long-term care ombudsman program: Establish statewide policies and procedures for operating the state long-term care ombudsman program including procedures to identify, investigate, and […]
§ 26-11.5-106. Local Ombudsmen – Representatives of Office
A local ombudsman or a local PACE ombudsman, whether an employee or volunteer of a local ombudsman program, is considered a representative of the office for the purposes of carrying out policies and procedures adopted by the state long-term care ombudsman or state PACE ombudsman in accordance with this article 11.5, but only upon the […]
§ 26-11.5-107. Notice of Ombudsman Services
Every long-term care facility shall post in a conspicuous place a notice with the name, address, and phone number of the office and the name, address, and phone number of the nearest available local ombudsman program. Such notice shall be provided by the state long-term care ombudsman. Each long-term care facility shall provide, in writing, […]
§ 26-11.5-108. Access to Facility – Residents – Records – Confidentiality
A long-term care ombudsman or PACE ombudsman, upon presenting a long-term care or PACE ombudsman identification card, must have immediate access to a long-term care facility, PACE center, or participant’s residence and to its residents or participants eligible for ombudsman services pursuant to this article 11.5 for the purposes of effectively carrying out the provisions […]
§ 26-11.5-109. Interference With Ombudsmen Prohibited – Civil Penalty
No person shall willfully interfere with an ombudsman in the ombudsman’s performance of duties and functions under this article. No person shall take any discriminatory, disciplinary, or retaliatory action against the following individuals for any communication with an ombudsman or for any information provided in good faith to the state long-term care ombudsman office or […]
§ 26-11.5-110. Immunity From Liability
Any long-term care ombudsman or PACE ombudsman who, in good faith, acts within the scope of the duties and functions of this article 11.5 is immune from civil or criminal liability. For the purposes of this section, there is a rebuttable presumption that, when acting within the scope of the duties and functions of this […]
§ 26-11.5-111. Duties of State Department – Report – Rules
In order to implement the provisions of this article 11.5, the state department shall carry out the following duties: Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities or PACE programs for the purpose of identifying and resolving significant problems, with specific provision for […]
§ 26-11.5-112. Federal Requirements – Compliance
Nothing in this article shall be construed to prevent the state department or the office from complying with the requirements of the rules and regulations of the United States department of health and human services promulgated pursuant to the older Americans act. Source: L. 90: Entire article added, p. 1406, § 1, effective April 10.
§ 26-11.5-113. Duties of State Pace Ombudsman – Repeal
The state PACE ombudsman has the following duties and functions: No later than July 1, 2017, establish statewide policies and procedures to identify, investigate, and seek the resolution or referral of complaints made by or on behalf of a PACE participant related to any action, inaction, or decision of any PACE organization or PACE provider […]