2019 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 441 - Health Care Facilities
Section 441.413 - Appointment of designees; qualifications; duties.

(a) The area agency, as defined in ORS 410.040.

(b) The local office of the Department of Human Services.

(c) The local health department.

(d) Senior citizens groups in the area.

(e) Local elected officials.

(2) To be appointed as a designee, a person must complete an initial training, as prescribed by the Long Term Care Ombudsman by rule, and attend quarterly training sessions that are approved by the ombudsman and that shall be coordinated and funded by the Department of Human Services and the Oregon Health Authority, subject to the availability of funds. Local screening committees shall be appointed by and serve at the pleasure of the ombudsman.

(3) Designees must sign a contract with the state that outlines the scope of their duties. In districts where a designee is an employee or agent of a local entity, a three-party contract shall be executed. Violation of the contract is cause for the termination of the appointment. A directory of all designees shall be maintained in the office of the Long Term Care Ombudsman.

(4) The qualifications of designees shall include experience with long term care facilities or residents or potential residents of long term care facilities, and the ability to communicate well, to understand laws, rules and regulations, and to be assertive, yet objective.

(5) Applicants who have experience in either social service, mental health, developmental disability services, gerontology, nursing or paralegal work shall be given preference in the appointment of designees.

(6) The contract shall include statements that the purpose of the Long Term Care Ombudsman Program is to:

(a) Promote rapport and trust between the residents and staff of the long term care facilities and Long Term Care Ombudsman;

(b) Assist residents with participating more actively in determining the delivery of services at the facilities;

(c) Serve as an educational resource;

(d) Receive, resolve or relay concerns to the Long Term Care Ombudsman or the appropriate agency; and

(e) Ensure equitable resolution of problems.

(7) The duties of the designees are to:

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

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

(B) Review, with a specified staff member, any problems or concerns that need to be considered.

(C) Visit individual residents and resident councils.

(b) Maintain liaison with appropriate agencies and the Long Term Care Ombudsman.

(c) Report, in writing, monthly to the Long Term Care Ombudsman.

(d) Keep residents and staff informed of the Long Term Care Ombudsman Program.

(e) Periodically review the rights prescribed in ORS 441.605, 441.610 and 441.612, and any other applicable rights to services, with residents, families, guardians, administrators and staff of long term care facilities.

(f) Perform other related duties as specified. [Formerly 441.131; 2017 c.441 §18]

Note: The amendments to 441.413 by section 9, chapter 592, Oregon Laws 2019, apply to the issuance or renewal of licenses for 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 appoint designees, in consultation with local screening committees that are appointed by and serve at the pleasure of the ombudsman, that may consist of but not be limited to persons representing:

(a) The area agency, as defined in ORS 410.040.

(b) The local office of the Department of Human Services.

(c) The local health department.

(d) Senior citizens groups in the area.

(e) Local elected officials.

(2) To be appointed as a designee, a person must complete an initial training, as prescribed by the Long Term Care Ombudsman by rule, and attend quarterly training sessions that are approved by the ombudsman and that shall be coordinated and funded by the Department of Human Services and the Oregon Health Authority, subject to the availability of funds. The training must include instruction on how to identify and report disease outbreaks.

(3) Designees must sign a contract with the state that outlines the scope of their duties. In districts where a designee is an employee or agent of a local entity, a three-party contract shall be executed. Violation of the contract is cause for the termination of the appointment. A directory of all designees shall be maintained in the office of the Long Term Care Ombudsman.

(4) The qualifications of designees shall include experience with long term care facilities or residents or potential residents of long term care facilities, and the ability to communicate well, to understand laws, rules and regulations, and to be assertive, yet objective.

(5) Applicants who have experience in either social service, mental health, developmental disability services, gerontology, nursing or paralegal work shall be given preference in the appointment of designees.

(6) The contract shall include statements that the purpose of the Long Term Care Ombudsman Program is to:

(a) Promote rapport and trust between the residents and staff of the long term care facilities and Long Term Care Ombudsman;

(b) Assist residents with participating more actively in determining the delivery of services at the facilities;

(c) Serve as an educational resource;

(d) Receive, resolve or relay concerns to the Long Term Care Ombudsman or the appropriate agency; and

(e) Ensure equitable resolution of problems.

(7) The duties of the designees are to:

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

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

(B) Review, with a specified staff member, any problems or concerns that need to be considered.

(C) Visit individual residents and resident councils.

(b) Maintain liaison with appropriate agencies and the Long Term Care Ombudsman.

(c) Report, in writing, monthly to the Long Term Care Ombudsman.

(d) Keep residents and staff informed of the Long Term Care Ombudsman Program.

(e) Periodically review the rights prescribed in ORS 441.605, 441.610 and 441.612, and any other applicable rights to services, with residents, families, guardians, administrators and staff of long term care facilities.

(f) Perform other related duties as specified.