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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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LONG TERM CARE OMBUDSMAN

 

DIVISION 4

DESIGNEES

 

114-004-0000

Appointment of Designees

(1) The Ombudsman shall review each designee applicant approved by a local screening committee. The Ombudsman shall approve the applicant if the applicant meets the qualifications of a designee as set forth in OAR 114-004-0010.

(2) Once the Ombudsman approves the applicant, the applicant must meet the requirements set forth in OAR 114-004-0020(1).

(3) Upon successful completion of the requirements set forth in OAR 114-004-0020(1) by the designee applicant, the Ombudsman shall appoint the applicant as a designee.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89

114-004-0010

Designee Qualifications

(1) Designees shall not have a conflict of interest with the Ombudsman Program.

(2) Designees shall have experience with long term care facilities or residents thereof or elderly individuals at risk of institutionalization or requiring assistance with the activities of daily living including the ability to communicate well with the elderly as well as long term care facility staff, to understand laws, rules and regulations, and to be assertive, yet objective.

(3) Designees with experience in either social service, gerontology, nursing or paralegal work shall be preferred.

(4) Designees must be willing to donate 16 hours of their time per month to perform the duties of a designee.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89

114-004-0020

Designee Training

(1) A designee applicant who has been approved by the local screening committee and by the Ombudsman shall, before being appointed as a designee by the Ombudsman:

(a) Complete 48 hours of training provided, sponsored or approved by the Ombudsman Program;

(b) Maintain a log of all training hours completed including but not limited to:

(A) Training hours provided by the Ombudsman Program;

(B) Approved home study hours; and

(C) Approved training relating to Long Term Care issues, but not directly provided by the Ombudsman Program such as community workshops, seminars and association meetings.

(c) Take a certification assessment examination covering training areas upon completion of the 48 hours of training; and

(d) Receive a passing score of at least 70 percent on the certification assessment examination.

(2) Designees must attend a minimum of four hours of continuing education seminars or workshops on a quarterly basis which are offered by the Ombudsman, subject to the availability of funds, or which have been approved by the Ombudsman and are offered by another organization. Training sessions which may be approved by the Ombudsman include programs offered by the Senior Services Division, the local health department, local Legal Aid, and the Area Agency on Aging. If a designee attends training not offered by the Ombudsman Program, the designee must submit verification to the Ombudsman that the quarterly training requirements were met by the designee.

(3) Training subjects may include:

(a) Patients' rights;

(b) Patient abuse and protective services;

(c) The long term care system, including involved governmental agencies;

(d) Communicating with the frail elderly;

(e) The goals of the Ombudsman Program and the role of the Ombudsman and designees;

(f) Investigation procedures;

(g) Complaint investigation and resolution;

(h) Regulatory law and rules;

(i) Reporting techniques;

(j) Techniques on mediation, conciliation and persuasion;

(k) Appropriate referrals to state agencies; and

(l) Other related topics to the long term care system.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89

114-004-0030

Designee Contracts

(1) Prior to being assigned to a long term care facility, a designee shall sign a contract with the Ombudsman Program which meets the requirements of ORS 441.131(3) and (6).

(2) Noncompliance with the terms of the contract is cause for immediate termination of the contract.

(3) Termination of a designee's contract may be initiated by the Ombudsman or the designee in writing for any or no cause, without prior notice.

(4) Upon termination of a designee's contract, the designee must return all designee identification, manuals, confidential material and reports to the Ombudsman.

(5) Each designee's job performance may be reviewed at any time by the Ombudsman Program for the following purposes:

(a) To assure designee compliance with contractual commitment;

(b) To assess and review job performance; and

(c) To assure compliance with the rules and Ombudsman Program goals and philosophy.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89

114-004-0040

Designee Assignments

(1) The Ombudsman shall assign a designee to particular long term care facilities or to act as a back-up designee. Designees shall not be assigned to a long term care facility where an immediate family member is a resident.

(2) Each designee's contract shall identify the long term care facility or facilities specifically assigned to that designee, unless the designee is assigned as a back-up designee. A designee shall not have access, as a designee, to any long term care facility other than the ones specifically named in the designee's contract, unless the designee is requested to enter another long term care facility by that facility's assigned designee, the District Facilitator or the Office of the Long Term Care Ombudsman.

(3) A back-up designee's contract shall allow the designee access, as a designee, to any long term care facility when requested to by the assigned designee, the District Facilitator or the Office of the Long Term Care Ombudsman.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1 -19-89, cert. ef. 2-1-89

114-004-0050

Duties of Designees

A designee shall:

(1) Visit each assigned long term care facility on a regular basis:

(a) Upon arrival and departure, inform a specified staff member;

(b) Review any problems or concerns relating to the assigned long term care facility with administrators or persons in charge or their representatives provided that confidentiality requirements are met; and

(c) Visit individual residents and resident councils.

(2) Maintain liaison with appropriate agencies and the Ombudsman Program;

(3) Submit in writing monthly reports to the Ombudsman Program on forms provided by the Ombudsman Program;

(4) Keep residents and long term care staff informed of the Ombudsman Program;

(5) Periodically review the patient's bill of rights with residents, families, guardians, administrators and staff;

(6) Investigate complaints made by residents or for residents of long term care facilities about administrative actions that may adversely affect a resident's health, safety, welfare or rights;

(7) Attempt to resolve problems between residents and the long term care facility through mediation, negotiation, persuasion and referral;

(8) Report all apparent cases of patient abuse pursuant to ORS 441.630; and

(9) Perform other related duties as specified by the Office of the Long Term Care Ombudsman.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89

114-004-0060

Complaints Against Designees and Rights of Designees

(1) Any complaints regarding inappropriate actions or inactions relating to the official conduct of designees shall be referred to the Ombudsman.

(2) The ombudsman shall investigate any complaint concerning designees. If the Ombudsman finds reasonable cause to believe that a designee has acted inappropriately or contrary to law and rule, the Ombudsman shall take appropriate action. Appropriate action may include a reprimand, requiring additional training, temporary suspension, or termination of the designee.

(3) A designee, who is not satisfied with any action taken against the designee by the Ombudsman as a result of a complaint against the designee, may request, in writing, an informal conference with the Ombudsman to discuss and refute the complaint, findings and action taken by the Ombudsman. An informal conference shall be held within 14 days of receipt of the written request made by the designee to the Ombudsman. After considering the information submitted at the informal conference the Ombudsman may affirm, modify or rescind the initial action taken against the designee.

Stat. Auth.: ORS 441
Stats. Implemented:
Hist.: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89

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