2017 Colorado Revised Statutes
Title 26 - Human Services Code
Article 11.5 - Colorado Long-Term Care Ombudsman Program
§ 26-11.5-113. Duties of state PACE ombudsman - repeal
(1) The state PACE ombudsman has the following duties and functions:
(a) 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 or of any public agency, including the state department of human services and county departments of social services, that may adversely affect the health, safety, welfare, or rights of the PACE participant. The policies and procedures established pursuant to this subsection (1)(a) must ensure that, while upholding the participant-directed nature of an ombudsman's advocacy, the actions of the state PACE ombudsman or local PACE ombudsmen are consistent with a PACE organization's duties and responsibilities under federal law.
(a.5) No later than October 1, 2017, provide training and technical assistance to personnel of local PACE ombudsman programs. The training must be developed in consultation with PACE organizations and other persons or entities with PACE expertise, as appropriate. Upon successful completion of training, the office may designate personnel as qualified representatives of the office and, if designated, shall issue a PACE ombudsman identification card to the personnel.
(b) Establish procedures to analyze and monitor the development and implementation of federal, state, and local laws, regulations, and policies with respect to PACE services and programs or facilities. On the basis of the analysis and monitoring, the state PACE ombudsman shall recommend to the appropriate governing body changes to laws, regulations, and policies.
(c) No later than July 1, 2017, prepare and distribute a notice informing PACE participants of the existence of a state PACE ombudsman and the duties of the state PACE ombudsman for posting at all PACE programs and facilities, and update the notice, as necessary, to include information concerning local PACE ombudsmen.
(2) The policies and procedures adopted pursuant to paragraph (a) of subsection (1) of this section may be applied to complaints by or on behalf of PACE participants where the provision of ombudsman services will either benefit other PACE participants enrolled in the same PACE program that is the subject of the complaint or PACE participants in general, or where ombudsman service is the only viable avenue of assistance available to the PACE participant and the ombudsman service will not significantly diminish the PACE organization's efforts on behalf of the participants.
(3) In addition to the duties and functions set forth in subsections (1) and (2) of this section, the state PACE ombudsman and his or her representatives have the authority to pursue administrative, legal, or other appropriate remedies on behalf of PACE participants for the purposes of effectively carrying out the provisions of paragraph (a) of subsection (1) of this section and subsection (2) of this section.
(4) (a) The state department may seek, accept, and expend gifts, grants, and donations from private or public sources for the purposes of establishing the state PACE ombudsman office and implementing this section.
(b) The PACE ombudsman fund, referred to in this paragraph (b) as the "fund", is hereby created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to this subsection (4) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be transferred to any other fund. Subject to annual appropriation by the general assembly, the state department may expend money from the fund for purposes of establishing the state PACE ombudsman office pursuant to this article.
(c) (I) Notwithstanding the provisions of this article to the contrary, if in any of state fiscal years 2016-17 through 2020-21 the state department does not receive sufficient gifts, grants, or donations necessary to fund a state PACE ombudsman to carry out the duties set forth in this section, a state PACE ombudsman office shall not be established in the state long-term care ombudsman program.
(II) This paragraph (c) is repealed, effective July 1, 2021.
