910 KAR 1:210. Kentucky Long-term Care Ombudsman Program

Link to law: http://www.lrc.ky.gov/kar/910/001/210.htm
Published: 2015

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      910 KAR 1:210. Kentucky Long-term Care Ombudsman Program.

 

      RELATES TO: KRS 205.201, 209.030(5),

216.535, 216.540-216.543, 42 U.S.C. 3001 et seq.

      STATUTORY AUTHORITY: KRS 194A.050,

205.204

      NECESSITY, FUNCTION, AND CONFORMITY: 42 U.S.C.

3001 et seq., the Older Americans Act of 1965, as amended, requires states to

establish and operate, either directly or by contract, a long-term care

ombudsman program to protect the rights of older individuals. KRS 194A.050 requires

the secretary for the Cabinet for Health and Family Services to promulgate

administrative regulations necessary to implement programs mandated by federal

law. KRS 205.204 designates the Cabinet for Health and Family Services as the

state agency to administer the Older Americans Act in Kentucky. This administrative

regulation establishes a statewide Long-term Care Ombudsman Program.

 

      Section 1. Definitions. (1)

"Access" means the right to enter a long-term care facility, meet

with the residents, and review the records of a resident.

      (2) "Administrator" means any

person charged with the general administration or supervision of a long-term

care facility without regard to whether the person has an ownership interest in

the facility or to whether the person's functions and duties are shared with

one (1) or more other persons.

      (3) "Case" means each inquiry

brought to, or initiated by, the ombudsman on behalf of a resident or group of

residents involving one (1) or more complaints and includes an ombudsman

investigation or strategy to resolve and follow-up.

      (4) "Certification" means the

official notification by the Kentucky long-term care ombudsman that local

long-term care ombudsman individual staff are qualified and acceptable to

function in that capacity.

      (5) "Complaint" means an

allegation filed by residents or on behalf of residents relating to the health,

safety, welfare, and rights of a resident.

      (6) "Complaint resolution"

means either corrective action taken in regard to an allegation or a

determination as to the validity of the allegation.

      (7) "Complaint verification"

means a determination through investigative means that allegations relating to

the health, safety, welfare, and rights of a patient are generally accurate.

      (8) "DAIL" means the Department

for Aging and Independent Living.

      (9) "Designation" means formal

notification by the Kentucky long-term care ombudsman that a district program

meets requirements and shall be considered a subdivision of the state office.

      (10) "District ombudsman" means

that individual certified by the Kentucky long-term care ombudsman to implement

the ombudsman provisions of the approved contract agency plan.

      (11) "Educational or experiential

equivalent" means:

      (a) Two (2) semesters totaling at least

twenty-four (24) hours of course work; and

      (b) At least 400 documented hours of

experience assisting aging or disabled individuals through:

      1. Practicum placement;

      2. Clinicals; or

      3. Volunteerism.

      (12) "Evaluation" means

periodic analysis and review conducted by the Kentucky long-term care ombudsman

of district, regional, and state ombudsman programs, including quality

assurance and outcome measures pertaining to individual and programmatic performance.

      (13) "Friendly visitor" means a

trained non-certified volunteer who visits residents in long-term care facilities

to assist the district long-term care ombudsman program.

      (14) "Investigation" means the

formal response by a long-term care ombudsman to complaints of issues involving

the health, safety, welfare, and rights of a resident.

      (15) "Kentucky long-term care

ombudsman" means the individual charged with the administration of the

Kentucky Long-term Care Ombudsman Program under the provisions of the Older Americans

Act of 1965, as amended.

      (16) "Long term care facility"

is defined by KRS 216.510(1).

      (17) "Monitoring" means

periodic review measuring ombudsman program's adherence to approved plans,

including analysis of non-client specific data relating to program performance.

      (18) "Primary client group"

means residents of long-term care facilities and those persons making

application for admission to long-term care facilities and their families.

      (19) "Referral" means the

appropriate channeling of information so as to effect a desired outcome.

      (20) "Regional long-term care

ombudsman" means ombudsmen who operate directly from the Kentucky

Long-term Care Ombudsman Program and whose responsibilities include coordination

of a multi-area development district area.

      (21) "Volunteer ombudsman"

means a certified unpaid individual serving within a district program to assist

a district ombudsman.

 

      Section 2. Responsibilities of Kentucky

Long-term Care Ombudsman. (1) The Kentucky Long-term Care Ombudsman Program

shall be administered by a full time ombudsman operated by DAIL or through a

contracted entity.

      (2) The Kentucky Long-term Care Ombudsman

shall be responsible for the:

      (a) Design, implementation and management

of a statewide uniform system for receiving, investigating, resolving, and

reporting complaints on behalf of residents in long-term care facilities and

provide ongoing support to assist in the resolution of those complaints;

      (b) Investigation of complaints made by

or on behalf of residents in long-term care facilities from areas of the state

temporarily without local ombudsman programs if a local backup ombudsman is not

available;

      (c) Development and implementation of

policies and procedures for operation of the program, including those related

to:

      1. Receipt, investigation, and resolution

of complaints;

      2. Protecting confidentiality of records

and identity of complainants;

      3. Establishing the right of public

access to information regarding conditions in long-term care facilities; and

      4. Securing ombudsman access to long-term

care facilities, residents, and residents' personal and medical records;

      (d) Development and management of a

system for the operation of a statewide network of district programs,

including:

      1. Designation of district programs

through:

      a. Reviewing applications for designation

of district ombudsman contained in their plans for operating either directly or

under subcontract;

      b. Providing written confirmation of the

designation; and

      c. Administration of certification and

training requirements;

      2. Development of district program

operating procedures and reporting requirements; and

      3. Establishment of a communications link

between the Kentucky long-term care ombudsman and district programs;

      (e) Establishment and maintenance of

program official files and adoption of procedures to protect the

confidentiality of those files;

      (f) Provision of information and

education concerning:

      1. Program activities;

      2. The long-term care system; and

      3. The rights and concerns of residents

and potential residents of long-term care facilities;

      (g) Provision of assistance to citizen

organizations, consumer groups, and other interested community organizations to

enhance the rights of residents in long-term care facilities;

      (h) Promotion of the development of

citizen organizations at the state and local level to participate in the

program;

      (i) Use of publicity and outreach efforts

directed at long-term care residents and families, network staff, and the

general public about the availability of the program to receive and investigate

complaints;

      (j) Review of complaint, case, and issue

data submitted by the district programs and analysis for trends, pattern, and

issue identification;

      (k) Annual National Ombudsman Reporting

System (NORS) report to the Administration on Community Living;

      (l) Assistance to the district ombudsman

to establish, develop, and coordinate ombudsman activities;

      (m) Development of agreements and working

relationships with relevant agencies to encourage their cooperation and assistance

with the program at the state and local levels;

      (n) Development of agreements and working

relationships with legal services programs, particularly those funded by the

Older Americans Act of 1965, as amended;

      (o) Development and provision of training

on an ongoing basis for regional and district ombudsman program staff and

volunteers;

      (p) Identification and development of

additional funding and staffing resources for the long-term care ombudsman program;

      (q) Support and promotion of the

formation of resident councils in long-term care facilities;

      (r) Development and provision of

testimony and comment on proposed legislation, administrative regulations,

policies, and rule changes affecting the institutionalized elderly;

      (s) Conduction of other activities

related to the protection and dignity of residents of long-term care

facilities; and

      (t) Performance of other activities

required by the Administration on Community Living.

 

      Section 3. Responsibilities of the

Regional Ombudsman. The regional ombudsman shall be staff of, and report

directly to, the Kentucky long-term care ombudsman and shall have the following

responsibilities:

      (1) Receive, investigate, and resolve

complaints;

      (2) Provide technical assistance and

coordination of district programs;

      (3) Assist in training of volunteers and

local program personnel;

      (4) Provide information to public

agencies regarding problems of long-term care residents;

      (5) Abide by established procedures

related to reporting and confidentiality; and

      (6) Perform other job duties as required

by the Kentucky long-term care ombudsman.

 

      Section 4. Designation of District

Programs. (1) The Kentucky long-term care ombudsman shall designate district

entities throughout the state to operate the long term care ombudsman program.

      (2) The district ombudsman program entity

shall submit a plan which shall serve as the application for designation of a

district ombudsman. The application shall include:

      (a) Definition of program in terms of the

following personnel:

      1. Program supervisor;

      2. Ombudsman advisory council;

      3. District ombudsman;

      4. Friendly visitors; and

      5. Volunteer ombudsman;

      (b) Agency to conduct the program;

      (c) Ability to receive, investigate, and

resolve complaints on behalf of long-term care residents;

      (d) Maintenance of a complaint

documentation system;

      (e) Ability to monitor the development and

implementation of laws, policies, and regulations which apply to residential

long- term care;

      (f) Ability to recruit and provide

standardized training for volunteers;

      (g) Ability to respond in a timely

fashion to requests from the Kentucky Long-term Care Ombudsman Program for

statistical data and other information;

      (h) Ability to receive training and

continuing education from the Kentucky Long-term Care Ombudsman Program;

      (i) Ability to assure confidentiality of

files;

      (j) Ability to inform and educate

residents, sponsors, organizations, the long-term care industry, and the

general public relative to issues affecting the long-term care system, the

ombudsman program, and resident rights and concerns;

      (k) Provision that no individual involved

in the appointment of a subdivision of the office and that no officer, employee,

or other representative of the office is subject to a conflict of interest; and

      (l) Provision that representatives of the

Kentucky Long-term Care Ombudsman Program shall not be liable under state law

for the good faith performance of official duties.

      (3) Designated

ombudsmen shall be representatives of the Kentucky Long-term Care Ombudsman

Program and shall be accorded rights and privileges of that office.

 

      Section 5. Responsibilities of the

District Ombudsman. The district ombudsman shall:

      (1) Provide services as follows:

      (a) There shall be a staff person,

qualified by training and experience, responsible for administering each

service and supervising assigned staff;

      (b) There shall be designated staff who

are trained and skilled in assessing and dealing with the needs of the elderly

and in the delivery of each service;

      (c) Volunteers and paid staff with the

same responsibilities shall meet comparable requirements for training and

skills;

      (d) New staff shall receive an

orientation and shall be trained and certified prior to assuming

responsibilities;

      (e) Staff shall attend required training

and provide in-service training for staff and volunteers of local programs;

      (f) Staff shall not accept personal gifts

or money from participants or vendors; and

      (g) Staff shall not pay bills or cash

checks for clients or participants;

      (2) Assure services are accessible to

older persons by telephone, correspondence, or person-to-person contact;

      (3) Represent residents residing in

long-term care facilities within the assigned geographical areas;

      (4) Assure residents' rights are upheld

and promote quality care in long-term care facilities;

      (5) Investigate and work to resolve

complaints on behalf of long-term care residents;

      (6) Promote community involvement in the

program by:

      (a) Publicizing the existence and

function of the local and state programs;

      (b) Advising the public about the

availability of current state, local, and federal inspection reports,

statements of deficiency, and plans for correction for individual long-term

care facilities in the service area;

      (c) Organizing and implementing an active

volunteer program;

      (d) Assisting in the development of

resident or family and friends councils;

      (e) Sponsoring community education and

training programs for long-term care facilities, human service workers,

families, and the general public about long-term care and residents' rights

issues; and

      (f) Promoting citizen involvement in

order to ensure regular visitations, especially for those residents without

available family or friends; and

      (7) Implement accurate recordkeeping

procedures to assure that:

      (a) An accurate record shall be

maintained on each participant which documents:

      1. Participant identification data;

      2. Requests for service;

      3. Eligibility for services provided;

      4. Follow-up; and

      5. Closure;

      (b) Reports for the Kentucky long-term

care ombudsman are prepared and submitted in a format and time frame as

directed;

      (c) Procedures are followed to protect

the identity, confidentiality, and privacy of clients; and

      (d) Nonclient-specific statistical and

financial data is submitted as required.

 

      Section 6. Responsibilities of the

Volunteer Ombudsman. The volunteer ombudsman shall:

      (1) Complete required training, including

training and certification requirements for those involved in complaint

investigation;

      (2) Provide regular visitation of

residents in long-term care facilities;

      (3) Adhere to guidelines provided by the

Kentucky long-term care ombudsman and district ombudsmen; and

      (4) Complete required paperwork.

 

      Section 7. Ombudsman Advisory Council. (1)

The designated district ombudsman program shall have an advisory council whose

functions are to:

      (a) Review and advise programs on

policies and procedures;

      (b) Provide ongoing support and

leadership; and

      (c) Identify and generate funding

resources for program viability.

      (2) The advisory council shall be

comprised as follows:

      (a) Members shall be persons with a

strong interest in improving the quality of life for the institutionalized

elderly and for protecting their rights;

      (b) Group size and composition shall be

individualized to the needs of the local program but shall not be less than

seven (7); and

      (c) One-third (1/3) of the members shall

be consumers or family members of consumers.

      (3) Advisory council members shall not:

      (a) Be responsible for certifying or

licensing long-term care facilities;

      (b) Be a provider of long-term care

services or part of an association of providers;

      (c) Have any interest or association

which may impair the ability of the ombudsman to objectively and independently

investigate and resolve complaints;

      (d) Gain economically or receive any

compensation from a long-term care facility or association;

      (e) Be on the Adult Protective Services

Caregiver Misconduct Registry or the Kentucky Nurse Aid Abuse registry; or

      (f) Have been found guilty of the

following:

      1. A violent crime as defined by KRS

439.3401;

      2. Abuse, neglect, or exploitation of

another person, including assault;

      3. Felony theft offense; or

      4. Felony drug offense.

 

      Section 8. Qualifications, Certification,

and Training of Long-Term Care Ombudsmen. (1)The Kentucky long-term care ombudsman,

regional ombudsman, and district long-term care ombudsman shall:

      (a) Possess a minimum of a bachelor’s

degree in a health or human services profession from an accredited college or

university with:

      1. One (1) year experience in health or

human services; or

      2. The educational or experiential

equivalent in the field of aging or physical disabilities; or

      (b) Be a certified regional or district

ombudsman with no lapse in certification prior to the effective date of this

administrative regulation.

      (2) A district, regional, or volunteer ombudsman,

and friendly visitor shall have a completed background check conducted prior to

hire for the following:

      (a) The Adult Protective Services

Caregiver Misconduct Registry;

      (b) The Kentucky Nurse Aid Abuse

registry; and

      (c) A criminal record check utilizing the

Kentucky Administrative Office of the Courts or the Kentucky Justice Cabinet

and not have been found guilty of the following:

      1. A violent crime as defined by KRS

439.3401;

      2. Abuse, neglect, or exploitation of

another person, including assault;

      3. Felony theft offense; or

      4. Felony drug offense.

      (3) Program sponsors, sub-contract agency

directors, and directors of other sponsoring agencies shall receive basic

training whenever possible.

      (4) The long-term care ombudsman, program

staff, and volunteers shall receive a minimum of twenty-four (24) hours of

training, including at least the following areas:

      (a) The Older Americans Act of 1965, as

amended, and the aging network;

      (b) Characteristics, special needs, and

problems of the long-term care resident;

      (c) Characteristics of long-term care

facilities including:

      1. Numbers of beds;

      2. Levels of care;

      3. Services; and

      4. Costs;

      (d) The long-term care reimbursement

system including:

      1. Medicaid;

      2. Medicare;

      3. SSI; and

      4. State supplementation;

      (e) The regulation of facilities and the

enforcement of regulations;

      (f) Complaint investigation and

resolution;

      (g) Guardianship;

      (h) Residents' rights;

      (i) Development of residents' councils;

      (j) Recruiting, screening, selecting, training,

placing, and supporting volunteers; and

      (k) Use of public funds.

      (5) District ombudsmen shall attend training

meetings as established by the Kentucky long-term care ombudsman.

      (6) All long-term care ombudsmen and

volunteers shall be:

      (a) Certified within thirty (30) days of

hire or prior to providing services; and

      (b) Re-certified every two (2) years

prior to the expiration of the current certification.

      (7) Certification shall be awarded after

submitting certification documentation of:

      (a) Verification of completion of minimum

training requirements; and

      (b) A score of at least eighty (80)

percent on the certification examination.

 

      Section 9. Confidentiality. Investigatory

files, complaints, responses to complaints and other information related to

complaints or investigations maintained by the ombudsman program shall be considered

confidential information in accordance with the Older Americans Act of 1965, 42

U.S.C. 3027(a)(12)(C). Confidentiality shall be maintained using the following

criteria:

      (1) Persons who gain access to a

resident’s records shall not discuss or disclose information in the records or

disclose a resident's identity outside of the program.

      (2) The Kentucky long-term care ombudsman

shall release information only with:

      (a) Written consent of the resident; or

      (b) A court order to disclose.

      (3) Information shall be secured as

follows:

      (a) Complaint files shall be contained in

a locked file cabinet;

      (b) Computerized systems shall have

secured access codes; and

      (c) Computer software containing

confidential information shall be stored in a locked file.

      (4) The confidentiality and disclosure

criteria shall not preclude the ombudsman's use of otherwise confidential

information in the files for preparation and disclosure of statistical, case

study, and other data if the ombudsman does not disclose the identity of persons

otherwise protected in this section.

 

      Section 10. Rights of Access. (1)

Kentucky, regional, volunteer, and district ombudsmen shall have unrestricted

access to long-term care facilities:

      (a) Without prior notice;

      (b) To meet with one (1) or more

residents; and

      (c) To observe the operation of the

facility as it affects the patient.

      (2) Volunteer ombudsmen shall have access

to the:

      (a) Residents' dining area;

      (b) Residents' living area;

      (c) Residents' recreational area;

      (d) Lounges; and

      (e) Areas open to the general public.

      (3) Certified representatives of the

Kentucky Long-term Care Ombudsman Program shall have access to a resident's

medical and social records:

      (a) With permission of the resident or

his legal guardian, except as provided for under KRS 209.030(7); or

      (b) By court order.

      (4) Access shall not include the right to

examine the financial records of the facility without the consent of the administrator.

      (5) If the ombudsman is denied entry to a

long-term care facility, the administrator or operator shall be informed of the

statutory authority for access. If entry is still denied, the ombudsman shall

inform the Kentucky long-term care ombudsman, the Office of Inspector General, Division

of Health Care, and secure assistance from local law enforcement officials.

      (6) Willful interference, as governed by

KRS 216.541(3), with representatives of the Kentucky Long-term Care Ombudsman

Program in the performance of official duties shall be unlawful and:

      (a) Result in a fine of $100 to $500 for

each violation;

      (b) Each day the violation continues

shall constitute a separate offense.

 

      Section 11. Referrals. (1) The district

long-term care ombudsman shall refer reports of abuse, neglect, exploitation,

or spouse abuse to the Department for Community Based Services, Division of

Protection and Permanency, and, if appropriate, the Office of Inspector

General, Division of Health Care, for investigation. Referrals under this

subsection shall not affect the continuing duty, full freedom, and independence

of the ombudsman to:

      (a) Insure the continued adequacy and

responsiveness of complaint investigation and resolution, monitoring, and data

collection systems consistent with the Older Americans Act;

      (b) Maintain an independent capacity to

investigate and resolve complaints as governed by Section 13 of this

administrative regulation;

      (c) Receive and process, on a regular

basis, information related to the number, type, and source of complaints,

facilities involved, and the manner of complaint resolution; and

      (d) Maintain by specific agreement the

power, ability, and right to monitor the agency's complaint processing

performance and take action necessary to correct and improve deficiencies.

      (2) District ombudsmen shall address

concerns regarding the investigation or resolution of complaints referred under

subsection (1) of this section to the Kentucky long-term care ombudsman.

      (3) District ombudsmen shall make referrals

to county attorneys, legal aid agencies, and legal assistance offices.

      (4) District ombudsman shall report to

the Kentucky long-term care ombudsman a referral to the Office of the Attorney

General or any federal agency.

 

      Section 12. Receiving Reports. (1) The

Kentucky long-term care ombudsman, regional ombudsmen, district ombudsmen, and

persons identified and approved by these ombudsmen shall have the authority to

provide intake of a complaint.

      (2) The person receiving a report shall

obtain as much information as possible, making a reasonable effort to obtain

the:

      (a) Name and location of the long-term

care facility involved;

      (b) Name and location of the resident;

      (c) Name, address, and telephone number

of the person responsible for the resident;

      (d) Nature of the complaint as

specifically as possible;

      (e) Name and location of the alleged

perpetrator; and

      (f) Identity of the reporting source,

though reports may be made anonymously.

      (3) The person receiving the report may

contact other agencies or individuals to secure additional information relevant

to the investigation.

 

      Section 13. Complaint Investigation. (1) A

long-term care facility resident shall have the right to:

      (a) Voice grievances and recommend

changes in policies and services to facility staff and outside representatives

of their choice, free from restraint, interference, coercion, discrimination,

or reprisal;

      (b) Associate and communicate privately

with persons of their choice; and

      (c) Private meetings with the appropriate

long-term care facility inspectors from the Cabinet for Health and Family

Services.

      (2) A long-term care ombudsman shall

investigate and resolve complaints:

      (a) Made by or on behalf of an elderly

individual who is a resident of a long-term care facility relating to action

which may adversely affect the health, safety, welfare, and rights of the

resident; and

      (b) Made by or on behalf of a nonelderly

long-term care facility resident if actions will:

      1.a. Benefit an elderly resident of that

long-term care facility or elderly residents of long-term care facilities

generally; or

      b. Be the only viable avenue of

assistance available to the resident; and

      2. Not significantly diminish the

Long-term Care Ombudsman Program's efforts on behalf of elderly persons.

      (3) District and volunteer ombudsmen

shall not investigate complaints unless certified by the Kentucky Long-term

Care Ombudsman Program.

      (4) The Kentucky and regional ombudsmen

shall inform the district ombudsmen of on-site investigations conducted in their

districts.

      (5) The investigation shall be conducted

according to the criteria established in this subsection.

      (a) Investigation shall include contact with the resident, staff of the

long-term care facility, and collateral contacts.

      (b) A representative of the program

shall, upon entering the facility, promptly notify the administrator or his

designated representative of his presence.

      (c) A representative of the program shall

not enter the living area of a resident without identifying himself to the resident.

      (6) The investigating ombudsman, with

permission of the resident or legal representative, shall take steps to

investigate a complaint and attempt to resolve the complaint to the resident’s

satisfaction. Resolution may include:

      (a) Collaborating or negotiating at the

nursing home administrative level to change particular nursing home behavior,

pattern, or practice affecting the resident;

      (b) Consulting with a resident, relative,

or nursing home staff member to resolve a problem;

      (c) Effecting positive enforcement action

by a regulatory agency;

      (d) Proposing regulatory or statutory

changes or additions;

      (e) Communicating with community groups

and professional organizations; and

      (f) Encouraging the utilization of legal

services assistance.

      (7) Documentation shall be completed on

complaint investigations and incorporated into the ombudsman data system as follows:

      (a) The documentation entered into the

data system shall be entered by the fifteenth (15th) of the month for all cases

completed the prior month; and

      (b) Documentation of the investigation

shall include the:

      1. Identity of the resident on whom the

report is made;

      2. Date the face-to-face visit with the

resident was completed;

      3. Identity of the long-term care

facility;

      4. Complaint;

      5. Identity of persons interviewed and

records or documents reviewed during the course of the investigation;

      6. Factual information used to support

findings and conclusions; and

      7. Actions taken and services provided.

      (8) Resolution shall include documented

follow-up and ongoing monitoring of the situation for a reasonable period of

time, depending on the complexity of the situation, through

contact with the complainant or resident or, if appropriate, for the purpose of

determining that the causes giving rise to the complaint have not been repeated

and have not recurred.

      (9) In accordance with KRS 216.541(2) and

(3), retaliation and reprisals by a long-term care facility or other entity

against an employee or resident for having filed a complaint or having provided

information to the Kentucky Long-term Care Ombudsman Program shall be unlawful

and:

      (a) Shall result in a fine of $100 to

$500 for each violation; and

      (b) Each day a violation continues shall

constitute a separate offense.

 

      Section 14. Reporting Requirements. The

Kentucky long- term care ombudsman program shall maintain a statewide uniform

reporting system to collect and analyze information on complaints and conditions

in long-term care facilities for the purpose of identifying and resolving

significant problems. (1) The contracted agency providing the district

long-term care program shall submit quarterly reports to the Kentucky long-term

care ombudsman according to the contractual agreement.[following schedule:



1st quarter





Oct 1 – Dec 31





Due January 15







2nd quarter





Jan 1 – Mar 31





Due April 15







3rd quarter





Apr 1 – Jun 30





Due July 15







4th quarter





Jul 1 – Sep 30





Due October 15]





      (2) The district ombudsman shall submit

an annual report to the Kentucky long-term care ombudsman no later than determined

in the contractual agreement for inclusion in the annual state ombudsman

report.

 

      Section 15. Monitoring and Evaluation. (1)

District long-term care ombudsman programs shall be monitored annually by the

contract agency or the Kentucky long-term care ombudsman according to contract

or, if services are provided directly by the Kentucky long-term care ombudsman,

by the DAIL.

      (2) Formal evaluations of the district

ombudsman program shall be conducted at regular intervals, at least annually,

by the Kentucky long-term care ombudsman.

      (3) The results of the evaluation,

omitting client identifying information, shall be made available to the district

long-term care ombudsman contracting agency to be used to plan and implement program

changes to meet participant needs.

      (4) The Kentucky long-term care ombudsman

and district long-term care ombudsman contracting agency shall permit staff of

the Cabinet for Health and Family Services, persons acting for the Cabinet for

Health and Family Services, or staff designated by appropriate federal agencies

to:

      (a) Monitor and evaluate programs and

activities initiated under the Older Americans Act and other programs for which

the department has administrative responsibility; and

      (b) Interview clients by persons and agencies

listed in this subsection, except if confidentiality requirements are applicable. (18 Ky.R. 2077; Am. 2577; eff. 3-7-92; Recodified from

905 KAR 8:210, 10-30-98; Recodified from 923 KAR 1:210, 7-8-99; 41 Ky.R. 2150;

2578; eff. 6-17-2015.)