2019 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 441 - Health Care Facilities
Section 441.406 - Duties of ombudsman; rules.
(1) The Long Term Care Ombudsman shall carry out the following duties:
(a) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation.
(b) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of long term care facilities.
(c) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to long term care facilities in this state.
(d) Provide information to public agencies about the problems of residents of long term care facilities.
(e) Work closely with cooperative associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517.
(f) Widely publicize the Long Term Care Ombudsman’s services, purpose and mode of operation.
(g) Collaborate with the Oregon Health Authority, the Department of Human Services, the Long Term Care Administrators Board and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints and conditions in long term care facilities for the purpose of publicizing improvements and resolving significant problems.
(h) Contract with the state protection and advocacy system described in ORS 192.517 (1) to provide services and assistance to persons who are prospective or current residents of a mental health treatment facility or of a residential facility for individuals with developmental disabilities when the system has received a notice regarding the person pursuant to ORS 125.060 (7)(c) or (8)(c).
(i) Appoint designees to serve as local representatives of the office of the Long Term Care Ombudsman in various districts of the state and regularly monitor their functions.
(j) Specify qualifications and duties of designees.
(k) Adopt rules necessary for carrying out ORS 441.402 to 441.414, after consultation with the Residential Ombudsman and Public Guardianship Advisory Board.
(L) Provide periodically, or at least annually, a report to the Governor, authority, department and Legislative Assembly.
(m) Prepare necessary reports with the assistance of the authority and the department.
(n) Advise and support the Oregon Public Guardian and Conservator appointed under ORS 125.678.
(o) Supervise, monitor, advise and support the Residential Facilities Ombudsman appointed under ORS 443.382.
(2) At least quarterly, the Department of Human Services shall provide the Long Term Care Ombudsman with a list of the number of licensed or certified beds in each long term care facility for which the ombudsman has responsibilities under this section. [Formerly 441.109; 2017 c.441 §§12,12a; 2018 c.61 §17]
Note: The amendments to 441.406 by section 8, chapter 592, Oregon Laws 2019, apply to the issuance or renewal of licenses for long term care facilities, conversion facilities, residential care facilities or adult foster homes on or after January 1, 2021. See section 10, chapter 592, Oregon Laws 2019. The text that applies on and after January 1, 2021, is set forth for the user’s convenience.
(1) The Long Term Care Ombudsman shall carry out the following duties:
(a) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation.
(b) Notify the Department of Human Services or the Oregon Health Authority about disease outbreaks reported by residents to the ombudsman or identified by the ombudsman.
(c) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of long term care facilities.
(d) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to long term care facilities in this state.
(e) Provide information to public agencies about the problems of residents of long term care facilities.
(f) Work closely with cooperative associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517.
(g) Widely publicize the Long Term Care Ombudsman’s services, purpose and mode of operation.
(h) Collaborate with the Oregon Health Authority, the Department of Human Services, the Long Term Care Administrators Board and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints and conditions in long term care facilities for the purpose of publicizing improvements and resolving significant problems.
(i) Contract with the state protection and advocacy system described in ORS 192.517 (1) to provide services and assistance to persons who are prospective or current residents of a mental health treatment facility or of a residential facility for individuals with developmental disabilities when the system has received a notice regarding the person pursuant to ORS 125.060 (7)(c) or (8)(c).
(j) Appoint designees to serve as local representatives of the office of the Long Term Care Ombudsman in various districts of the state and regularly monitor their functions.
(k) Specify qualifications and duties of designees.
(L) Adopt rules necessary for carrying out ORS 441.402 to 441.414, after consultation with the Residential Ombudsman and Public Guardianship Advisory Board.
(m) Provide periodically, or at least annually, a report to the Governor, authority, department and Legislative Assembly.
(n) Prepare necessary reports with the assistance of the authority and the department.
(o) Advise and support the Oregon Public Guardian and Conservator appointed under ORS 125.678.
(p) Supervise, monitor, advise and support the Residential Facilities Ombudsman appointed under ORS 443.382.
(2) At least quarterly, the Department of Human Services shall provide the Long Term Care Ombudsman with a list of the number of licensed or certified beds in each long term care facility for which the ombudsman has responsibilities under this section.
