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