MD Ombudsman Law |

Maryland Long-Term Care Ombudsman Law

HUMAN SERVICES
TITLE 10. DEPARTMENT OF AGING
SUBTITLE 9. LONG-TERM CARE OMBUDSMAN PROGRAM.
Md. Human Services Code Ann. § 10-901 (2016)

10-901. Definitions.

(a) In general. — In this subtitle the following words have the meanings indicated.

(b) Local long-term care ombudsman entity. — “Local long-term care ombudsman entity” means an entity designated by the State Long-Term Care Ombudsman to assist in carrying out the duties of the Program.

(1) a nursing facility, as defined in § 19-301 of the Health – General Article; or

(2) an assisted living program, as defined in § 19-1801 of the Health – General Article.

(d) Office. — “Office” means the Office of the Long-Term Care Ombudsman established under this subtitle.

(e) Ombudsman. — “Ombudsman” means:

(1) the State Long-Term Care Ombudsman; and

(2) any individual, whether a paid employee or a volunteer, who is designated by the State Long-Term Care Ombudsman as an ombudsman.

(f) Program. — “Program” means the Long-Term Care Ombudsman Program established under this subtitle.

(g) Resident. — “Resident” means a resident of a long-term care facility located in the State.

(h) State Long-Term Care Ombudsman. — “State Long-Term Care Ombudsman” means the individual selected by the Secretary under § 10-903 of this subtitle.

HISTORY: 2010, ch. 155, § 2.

10-902. Long-Term Care Ombudsman Program established.

(a) There is a Long-Term Care Ombudsman Program in the Department.

(b) Purpose. — The purpose of the Program is to fulfill the requirements of:

(1) the Program under this subtitle; and

(2) the federal Older Americans Act, including the requirements of 42 U.S.C. § 3058G.

(1) The Secretary shall adopt regulations necessary to carry out this subtitle.

(2) The regulations adopted under paragraph (1) of this subsection shall establish:

(i) the requirements for an annual review by the Department of all ombudsman activities; and

(ii) the process for assisting individuals with organizing and operating a resident council and a family council in a long-term care facility.

HISTORY: 2010, ch. 155, § 2; 2011, ch. 65.

10-903. Office of Long-Term Care Ombudsman.

(a) Office established. — There is an Office of the Long-Term Care Ombudsman in the Department.

(b) Selection of State Long-Term Care Ombudsman. —

(1) Unless the Secretary is subject to a conflict of interest that cannot be removed, the Secretary shall select a State Long-Term Care Ombudsman.

(2) If the Secretary is subject to a conflict of interest that cannot be removed, the Secretary shall designate another individual, who is not subject to a conflict of interest, to select the State Long-Term Care Ombudsman.

(1) shall personally administer the Office;

(2) shall have expertise and experience in the field of long-term care advocacy;

(3) may not have any conflict of interest with the position; and

(4) shall, on a full-time basis, perform duties related to the Program.

(d) Duties. — The State Long-Term Care Ombudsman shall personally or through designated ombudsmen:

(1) identify, investigate, and resolve complaints from any source made by, or on behalf of, a resident relating to any action, inaction, or decision, that may adversely affect the health, safety, welfare, or rights of a resident including the welfare and rights of residents with respect to the appointment and activities of guardians and representative payees, of:

(i) a provider, or a representative of a provider, of long-term care services;

(ii) a public agency; or

(iii) a health or social service agency;

(2) represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents;

(3) provide information as appropriate to other agencies and the public regarding the problems and concerns of residents;

(4) inform residents, family members, and others acting on behalf of residents about how to access the assistance and services of the Office and the services and assistance of other providers or agencies, including legal services;

(5) ensure regular and timely access to and response from the Office;

(6) comment on, facilitate public comment on, and recommend changes to existing or proposed laws, rules, regulations, and other governmental policies and actions that affect the health, safety, welfare, and rights of residents;

(7) provide technical support for the development of resident and family councils to protect the well-being and rights of residents;

(8) provide for the education and training of ombudsmen;

(9) educate facilities, agencies, and staff members concerning the rights and welfare of residents;

(10) promote the development of citizen organizations to advocate for the well-being and rights of residents;

(11) provide services to assist residents in protecting the health, safety, welfare, and rights of residents; and

(12) carry out any other activities that the Secretary determines to be appropriate or that are required by the federal Older Americans Act.

HISTORY: 2010, ch. 155, § 2.

10-904. Qualifications.

(a) In general. — Entities eligible to be designated as local long-term care ombudsman entities shall:

(1) have demonstrated capability to carry out the responsibilities of the Office;

(2) be public or nonprofit entities;

(3) be free of conflicts of interest; and

(4) meet any additional requirements that the Secretary and the State Long-Term Care Ombudsman specify.

(b) Regulations for training and designation of ombudsman. —

(1) The Secretary, in consultation with area agencies on aging, shall adopt regulations to establish requirements for training and designating ombudsmen, including in-service training.

(2) The regulations shall prohibit the State Long-Term Care Ombudsman from designating an individual as an ombudsman unless the individual has successfully completed the required training and satisfied the requirements for designation.

HISTORY: 2010, ch. 155, § 2.

10-905. Powers.

In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to:

(1) long-term care facilities and residents;

(2) the medical and social records of a resident, if:

(i) the ombudsman has the permission of the resident or the legal representative of the resident; or

(ii) the resident is unable to consent and has no legal representative;

(3) the records that are necessary to investigate a complaint if:

(i) a legal guardian of the resident refuses to give permission to access the records;

(ii) the ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and

(iii) the ombudsman obtains the approval of the State Long-Term Care Ombudsman;

(4) the administrative records, policies, and documents of long-term care facilities to which the residents or members of the general public have access; and

(5) copies of all licensing and certification records maintained by the Department of Health and Mental Hygiene or any other State unit with respect to long-term care facilities.

HISTORY: 2010, ch. 155, § 2.

10-906. Regulations related to conflicts of interest and confidentiality.

(a) Conflicts of interest. — The Secretary, in consultation with area agencies on aging, shall adopt regulations to govern conflicts of interest to ensure that:

(1) no individual, or member of the immediate family of an individual, involved in the designation of the State Long-Term Care Ombudsman or a local long-term care ombudsman entity, is subject to a conflict of interest; and

(2) no ombudsman or immediate family member of an ombudsman is subject to a conflict of interest.

(b) Confidentiality. — The Secretary, in consultation with area agencies on aging, shall adopt regulations governing the confidentiality of information and documents, including resident records, facility records, and complainant identification.

HISTORY: 2010, ch. 155, § 2.

10-907. Coordination of services.

The Secretary shall require the State Long-Term Care Ombudsman to coordinate ombudsman services with:

(1) the Department of Health and Mental Hygiene;

(2) the Department of Human Resources;

(3) protection and advocacy systems for individuals with developmental disabilities and mental illnesses; and

(4) legal assistance.

HISTORY: 2010, ch. 155, § 2.

10-908. Statewide uniform reporting system for the Program.

The Secretary shall establish and maintain a statewide uniform reporting system for the Program to collect and analyze data relating to complaints and conditions in long-term facilities and to residents for the purpose of identifying and resolving significant problems.

HISTORY: 2010, ch. 155, § 2.

10-909. Annual reports.

The State Long-Term Care Ombudsman shall submit an annual report to the Governor and the General Assembly, in accordance with § 2-1246 of the State Government Article, on the activities of the Program that includes recommendations of the State Long-Term Care Ombudsman for improving services for residents.

HISTORY: 2010, ch. 155, § 2.

10-910. Violations; penalties.

(a) Interference with performance of official duties. — In accordance with 42 U.S.C. § 3058G(j)(1), a person may not willfully interfere with an ombudsman’s performance of an official duty.

(b) Retaliation. — A person may not retaliate or make reprisals with respect to any person who filed a complaint with, or provided information to, an ombudsman.

(c) Penalties. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,500.

HISTORY: 2010, ch. 155, § 2.

10-911. Immunity.

An ombudsman is not liable under State law for good faith performance of official duties.

HISTORY: 2010, ch. 155, § 2.