Sec. 17a-407. (Formerly Sec. 17b-402). Residents' advocates. Training. Regulations.
Sec. 17a-416. (Formerly Sec. 17b-411). Regulations.
Sec. 17a-417. (Formerly Sec. 17b-412). Additional duties of State Ombudsman.
Sec. 17a-405. (Formerly Sec. 17b-400). Office of the Long-Term Care Ombudsman. Regional ombudsmen. Appointments. Inclusion in classified service. Definitions. (a) As used in this chapter:
(1) “State agency” means the Department of Aging and Disability Services.
(2) “Office” or “Office of the Long-Term Care Ombudsman” means the organizational unit which is headed by the State Long-Term Care Ombudsman established in this section.
(3) “State Ombudsman” means the individual who heads the office established in this section.
(4) “Program” means the long-term care ombudsman program established in this section.
(5) “Representative of the office” includes a regional ombudsman, a residents' advocate or an employee of the Office of the Long-Term Care Ombudsman who is individually designated by the State Ombudsman.
(6) “Resident” means an individual who resides in a long-term care facility.
(7) “Long-term care facility” means any skilled nursing facility, as defined in Section 1819(a) of the Social Security Act, (42 USC 1395i-3(a)) any nursing facility, as defined in Section 1919(a) of the Social Security Act, (42 USC 1396r(a)) a board and care facility as defined in Section 102(19) of the federal Older Americans Act, (42 USC 3002(19)) and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act, (42 USC 1382e(e)) and any other adult care home similar to a facility or nursing facility or board and care home.
(8) “Commissioner” means the Commissioner of Aging and Disability Services.
(9) “Applicant” means an individual who has applied for admission to a long-term care facility.
(10) “Resident representative” means (A) an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (B) a person authorized by state or federal law to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (C) a legal representative, as used in Section 712 of the Older Americans Act; or (D) the court-appointed guardian or conservator of a resident.
(b) There is established an independent Office of the Long-Term Care Ombudsman within the Department of Aging and Disability Services. The Commissioner of Aging and Disability Services shall appoint a State Ombudsman who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy to head the office and the State Ombudsman shall appoint regional ombudsmen. In the event the State Ombudsman or a regional ombudsman is unable to fulfill the duties of the office, the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting regional ombudsman.
(c) Notwithstanding the provisions of subsection (b) of this section, on and after July 1, 1990, the positions of State Ombudsman and regional ombudsmen shall be classified service positions. The State Ombudsman and regional ombudsmen holding said positions on said date shall continue to serve in their positions as if selected through classified service procedures. As vacancies occur in such positions thereafter, such vacancies shall be filled in accordance with classified service procedures.
(d) The activities of the State Ombudsman or representatives of the office do not constitute lobbying under 45 CFR Part 93.
(P.A. 77-575, S. 1, 23; P.A. 81-167; P.A. 88-206, S. 3; P.A. 90-204, S. 1, 3; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 1, 24; P.A. 13-125, S. 9; June Sp. Sess. P.A. 17-2, S. 300; P.A. 18-6, S. 1; 18-169, S. 24; P.A. 19-157, S. 50.)
History: P.A. 81-167 changed the number of assistant regional ombudsmen the commissioner on aging may appoint from a maximum of five to a number to be determined by the commissioner and deleted obsolete provisions re original appointment dates and terms; P.A. 88-206 authorized the commissioner to appoint an acting state ombudsman or an acting assistant regional ombudsman if the state ombudsman or assistant regional ombudsman cannot fulfill the duties of his office; P.A. 90-204 provided for the inclusion of the state ombudsman and assistant regional ombudsmen in the classified service; Sec. 17-135a transferred to Sec. 17a-405 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-405 transferred to Sec. 17b-400 in 1995; P.A. 99-176 inserted new Subsec. (a) consisting of definitions, redesignated former Subsec. (a) as Subsec. (b), changed name of office from “Nursing Home Ombudsmen Office” to “Office of the Long-Term Care Ombudsman”, deleted reference to responsibility for receiving and resolving complaints, added that the ombudsman shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy and provided that the State Ombudsman shall appoint assistant regional ombudsmen, substituted “the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting assistant regional ombudsman” for “the commissioner may appoint an acting State Ombudsman or an acting assistant regional ombudsman”, and deleted reference to appointment of local volunteer patients' advocates, redesignated former Subsec. (b) as (c), deleted “assistant” re regional ombudsmen and made technical changes, effective July 1, 1999; P.A. 13-125 amended Subsec. (a) to redefine “state agency” in Subdiv. (1) and “commissioner” in Subdiv. (8), make a technical change in Subdiv. (5), delete former Subdiv. (9) re definition of “director” and redesignate existing Subdiv. (10) as Subdiv. (9), and amended Subsec. (b) to change “Department of Social Services” to “Department on Aging” and change “Commissioner of Social Services” to “Commissioner on Aging”, effective July 1, 2013; Sec. 17b-400 transferred to Sec. 17a-405 in 2015; June Sp. Sess. P.A. 17-2 replaced references to Department and Commissioner on Aging with references to Office of Policy and Management and Secretary of the Office of Policy and Management, respectively, and made a conforming change, effective October 31, 2017; P.A. 18-6 amended Subsec. (a) by redefining “State agency” to replace “Office of Policy and Management” with “Department of Rehabilitation Services” in Subdiv. (1), redefining “Office” in Subdiv. (2), redefining “State ombudsman” in Subdiv. (3), replacing “Representative” with “Representative of the office” in Subdiv. (5), redefining “Resident” in Subdiv. (6), replacing definition of “Secretary” with definition of “Commissioner” in Subdiv. (8), adding Subdiv. (10) defining “Resident representative”, amended Subsec. (b) by replacing references to Office and Secretary of Policy and Management and references to Department and Commissioner of Rehabilitation Services, replaced references to assistant regional ombudsman with references to regional ombudsman, and added Subsec. (d) re activities of State Ombudsman or representatives of office, effective May 14, 2018; P.A. 18-169 replaced references to Office and Secretary of Office of Policy and Management with references to Department and Commissioner of Rehabilitation Services, respectively, effective June 14, 2018; P.A. 19-157 amended Subsec. (a) by redefining “state agency” in Subdiv. (1), and redefining “commissioner” in Subdiv. (8), amended Subsec. (b) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.
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Sec. 17a-407. (Formerly Sec. 17b-402). Residents' advocates. Training. Regulations. No person may perform any functions as a residents' advocate until the person has successfully completed a course of training required by the State Ombudsman. Any residents' advocate who fails to complete such a course within a reasonable time after appointment may be removed by the State Ombudsman or the regional ombudsman for the region in which such residents' advocate serves. The Commissioner of Aging and Disability Services, after consultation with the State Ombudsman, shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section. Such regulations shall include, but not be limited to, the course of training required by this section.
(P.A. 77-575, S. 3, 23; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 3, 24; June Sp. Sess. P.A. 17-2, S. 301; P.A. 18-169, S. 25; P.A. 19-157, S. 51.)
History: Sec. 17-135c transferred to Sec. 17a-407 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-407 transferred to Sec. 17b-402 in 1995; P.A. 99-176 deleted Subsec. designators, substituted “residents' advocate” for “patients' advocate”, made the course of training subject to that required by the State Ombudsman rather than by the commissioner through regulation, required the commissioner, after consultation with the State Ombudsman, to adopt regulations to carry out the provisions of the section, including, but not limited to, the course of training, and deleted former Subsec. (b) re the discretion of the commissioner, after consultation with the State Ombudsman, to waive the training requirement upon a showing of adequate training or experience, effective July 1, 1999; Sec. 17b-402 transferred to Sec. 17a-407 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Commissioner on Aging with reference to Secretary of the Office of Policy and Management, effective October 31, 2017; P.A. 18-169 replaced “Secretary of the Office of Policy and Management” with “Commissioner of Rehabilitation Services” and made a technical change, effective June 14, 2018; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.
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Sec. 17a-411. (Formerly Sec. 17b-406). Duties of residents' advocates. Posting by nursing home facilities. Funding. (a) Residents' advocates, under supervision of the regional ombudsmen, shall assist the regional ombudsmen in the performance of all duties and responsibilities of the regional ombudsmen as described in section 17a-410.
(b) All long-term care facilities shall post or cause to be posted in a conspicuous place therein a list of the names of the appropriate residents' advocates and the names, addresses, and telephone numbers of the appropriate ombudsmen.
(c) The Commissioner of Aging and Disability Services shall have authority to seek funding for the purposes contained in this section from public and private sources, including, but not limited to, any federal or state funded programs.
(P.A. 75-468, S. 11, 17; P.A. 76-331, S. 14, 16; P.A. 77-575, S. 14, 23; 77-604, S. 18, 84; 77-614, S. 323, 610; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 99-176, S. 7, 24; P.A. 13-125, S. 11; June Sp. Sess. P.A. 17-2, S. 304; P.A. 18-6, S. 5; 18-55, S. 7; 18-169, S. 28; P.A. 19-157, S. 52.)
History: P.A. 76-331 rewrote provisions re patients' advocates in Subsec. (a), required posting of availability of reports rather than reports themselves in Subsec. (b)(2), rephrased Subsec. (b)(3) and added Subdivs. (5) and (6) re financial affairs and well-being of patients and added Subsec. (e) re funding sources; P.A. 77-575 deleted former Subsecs. (a) and (b) re qualifications, appointment and duties of advocates, inserted new Subsec. (a) placing advocates under ombudsmen and listing duties, relettering remaining Subsecs. accordingly, required reports to commissioner of health and required names, addresses and telephone numbers of ombudsmen but names only of advocates; P.A. 77-604 rephrased Subsec. (b)(4); P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; Sec. 19-621 transferred to Sec. 17-135g in 1979; Sec. 17-135g transferred to Sec. 17a-411 in 1991; P.A. 93-262 substituted commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; Sec. 17a-411 transferred to Sec. 17b-406 in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 99-176 substituted “residents' advocates” for “patients' advocates” and “long-term care facilities” for “nursing home facilities” and amended Subsec. (a) to delete list of duties and to reference responsibilities of the regional ombudsman as described in section 17b-405, deleted Subsec. (b) and redesignated Subsec. (c) and (d) as (b) and (c), respectively, effective July 1, 1999; P.A. 13-125 amended Subsec. (c) to substitute “Commissioner on Aging” for “Commissioner of Social Services”, effective July 1, 2013; Sec. 17b-406 transferred to Sec. 17a-411 in 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by replacing reference to Commissioner on Aging with reference to Commissioner of Social Services, effective October 31, 2017; P.A. 18-6 amended Subsec. (c) by replacing “Commissioner of Social Services” with “Commissioner of Rehabilitation Services”, effective May 14, 2018; P.A. 18-55 made technical changes in Subsec. (c); P.A. 18-169 amended Subsec. (c) by replacing “Commissioner of Social Services” with “Commissioner of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 amended Subsec. (c) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.
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Sec. 17a-416. (Formerly Sec. 17b-411). Regulations. The Commissioner of Aging and Disability Services, after consultation with the State Ombudsman, shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of sections 17a-405 to 17a-417, inclusive, 19a-531 and 19a-532.
(P.A. 77-575, S. 19, 23; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 12, 24; P.A. 13-125, S. 12; June Sp. Sess. P.A. 17-2, S. 302; P.A. 18-6, S. 8; 18-169, S. 26; P.A. 19-157, S. 53.)
History: Sec. 17-135l transferred to Sec. 17a-416 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-416 transferred to Sec. 17b-411 in 1995; P.A. 99-176 amended section to require the regulations to be adopted after consultation with the State Ombudsman, and to delete reference to sections 19a-523, 19a-524, 19a-530 and 19a-554, effective July 1, 1999; P.A. 13-125 replaced reference to Commissioner of Social Services with reference to Commissioner on Aging, effective July 1, 2013; Sec. 17b-411 transferred to Sec. 17a-416 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Commissioner on Aging with reference to Secretary of the Office of Policy and Management, effective October 31, 2017; P.A. 18-6 substituted “Commissioner of Rehabilitation Services” for “Secretary of the Office of Policy and Management”, effective May 14, 2018; P.A. 18-169 made identical changes as P.A. 18-6, effective June 14, 2018; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.
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Sec. 17a-417. (Formerly Sec. 17b-412). Additional duties of State Ombudsman. The Commissioner of Aging and Disability Services shall require the State Ombudsman to:
(1) Prepare an annual report:
(A) Describing the activities carried out by the office in the year for which the report is prepared;
(B) Containing and analyzing the data collected under section 17a-418;
(C) Evaluating the problems experienced by and the complaints made by or on behalf of residents;
(D) Containing recommendations for (i) improving the quality of the care and life of the residents, and (ii) protecting the health, safety, welfare and rights of the residents;
(E) (i) Analyzing the success of the program including success in providing services to residents of long-term care facilities; and (ii) identifying barriers that prevent the optimal operation of the program; and
(F) Providing policy, regulatory and legislative recommendations to solve identified problems, to resolve the complaints, to improve the quality of the care and life of residents, to protect the health, safety, welfare and rights of residents and to remove the barriers that prevent the optimal operation of the program.
(2) Analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations and other government policies and actions that pertain to long-term care facilities and services, and to the health, safety, welfare and rights of residents in the state, and recommend any changes in such laws, regulations and policies as the office determines to be appropriate.
(3) (A) Provide such information as the office determines to be necessary to public and private agencies, legislators and other persons, regarding (i) the problems and concerns of older individuals residing in long-term care facilities; and (ii) recommendations related to the problems and concerns; and (B) make available to the public and submit to the federal assistant secretary for aging, the Governor, the General Assembly, the Department of Public Health and other appropriate governmental entities, each report prepared under subdivision (1) of this section.
(P.A. 77-575, S. 18, 23; P.A. 78-331, S. 31, 58; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 13, 24; P.A. 13-125, S. 13; June Sp. Sess. P.A. 17-2, S. 303; P.A. 18-6, S. 9; 18-169, S. 27; P.A. 19-157, S. 54.)
History: P.A. 78-331 required that report state nature of administrative acts investigated in addition to the number of acts investigated; Sec. 17-135m transferred to Sec. 17a-417 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-417 transferred to Sec. 17b-412 in 1995; P.A. 99-176 replaced existing provisions with requirement that director require ombudsman to prepare an annual report containing enumerated information, to analyze, comment on and monitor relevant developments and implementation of laws, regulations and other government policies and actions, and to provide information the office determines necessary and submit the annual report to enumerated entities, effective July 1, 1999; P.A. 13-125 replaced reference to director with reference to Commissioner on Aging, effective July 1, 2013; Sec. 17b-412 transferred to Sec. 17a-417 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Commissioner on Aging with reference to Secretary of the Office of Policy and Management, effective October 31, 2017; P.A. 18-6 substituted “Commissioner of Rehabilitation Services” for “Secretary of the Office of Policy and Management”, effective May 14, 2018; P.A. 18-169 made identical changes as P.A. 18-6, effective June 14, 2018; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.
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Sec. 17a-422. (Formerly Sec. 17b-417). State ombudsman duties re pilot program in managed residential communities. Report. (a) The Office of the Long-Term Care Ombudsman shall develop and implement a pilot program, within available appropriations, to provide assistance and education to residents of managed residential communities, as defined in section 19a-693, who receive assisted living services from an assisted living services agency licensed by the Department of Public Health in accordance with chapter 368v. The assistance and education provided under such pilot program shall include, but not be limited to: (1) Assistance and education for residents who are temporarily admitted to a hospital or long-term care facility and return to a managed residential community; (2) assistance and education for residents with issues relating to a residency agreement for a managed residential community; and (3) assistance and education for residents to assure adequate and appropriate services are being provided including, but not limited to, adequate and appropriate services for individuals with cognitive impairments.
(b) The Office of the Long-Term Care Ombudsman shall develop and implement the pilot program in cooperation with managed residential communities and assisted living services agencies. Priority of assistance and education shall be given to residents of managed residential communities who participate in subsidized assisted living programs authorized under sections 8-206e, 17b-347e, 17b-365, 17b-366 and 19a-6c. To the extent allowed by available appropriations, the Long-Term Care Ombudsman shall also provide assistance and education under the pilot program to residents in managed residential communities who do not participate in said subsidized assisted living programs.
(c) Not later than June 30, 2005, the Long-Term Care Ombudsman shall submit a report on the pilot program to the Commissioners of Aging and Disability Services and Public Health, to the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations, and to the select committee of the General Assembly having cognizance of matters relating to aging. The report shall be submitted in accordance with section 11-4a.
(P.A. 04-158, S. 2; P.A. 07-252, S. 82; June Sp. Sess. P.A. 07-2, S. 42; P.A. 18-6, S. 12; P.A. 19-157, S. 55.)
History: P.A. 04-158 effective June 1, 2004; P.A. 07-252 amended Subsec. (a)(1) to make assistance and education available to residents who are temporarily admitted, rather than discharged, and amended Subsec. (a)(2) to substitute “residency agreement” for “admissions contract”, effective July 12, 2007; June Sp. Sess. P.A. 07-2 amended Subsec. (a) by replacing “19-13-D105 of the regulations of Connecticut state agencies” with “19a-693”; Sec. 17b-417 transferred to Sec. 17a-422 in 2015; P.A. 18-6 amended Subsec. (c) by substituting “Rehabilitation Services” for “Social Services”, effective May 14, 2018; P.A. 19-157 amended Subsec. (c) by replacing reference to Commissioner of Rehabilitation Services with reference to Commissioner of Aging and Disability Services.
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