ARTICLE 13 - LONG TERM CARE OMBUDSMAN
This act may be cited as the "Long Term Care Ombudsman Act".
(i) Repealed by Laws 1991, ch. 221, § 3.
(ii) "Department" means the department of health;
(iii) "Director" means the director of the department;
(iv) "Division" means a division or section on aging as designated by the director;
(v) "Long term care service" means any service, provided by an assisted living facility, adult day care facility, boarding home, home health agency, hospice, hospital swing bed, nursing care facility, personal care agency or other type of service subject to regulation, certification or licensure by the department, but not including habilitative care;
(vi) "Older Americans Act" means the federal Older Americans Act, as amended;
(vii) "Resident" means any adult who is receiving a long term care service.
9-2-1303. Office created.
There presently exists, pursuant to the Older Americans Act, the office of long term care ombudsman. The office is under the supervision of the department through its director or as otherwise directed by the department.
9-2-1304. Responsibilities.
(a) The responsibilities of the ombudsman shall be to:
(i) Investigate, advocate and mediate on behalf of adults applying for or receiving long term care services, to resolve complaints concerning actions or inactions that may adversely affect resident health, safety, welfare or rights and that do not involve determination of compliance for maintaining a license or certification;
(ii) Provide information to public agencies about the problems of residents receiving long term care services;
(iii) Carry out other activities consistent with the purpose of this act which the department determines appropriate; and
(iv) Monitor the development and implementation of federal, state and local laws, regulations and policies with respect to long term care services in Wyoming.
9-2-1305. Investigations.
(a) The ombudsman shall conduct an appropriate inquiry into all complaints pursuant to this act. The ombudsman shall notify any provider of a long term care service affected by the inquiry.
(b) In conducting an inquiry, the ombudsman shall engage in appropriate actions including:
(i) Making inquiries of affected parties or those with the knowledge of matters necessary to establish, deny or resolve the complaint;
(ii) Entering, at any reasonable time, the facility of a provider of any long term care service subject to regulation, certification or licensure by the department;
(iii) Presenting proper identification to any long term care service provider, if requested.
(c) Any inquiry that requires the inspection or obtaining of medical records or other resident records which are pertinent to the inquiry shall comply with all established privacy notification requirements.
(d) The resident, or resident's guardian, may participate in planning any course of action to be taken on his behalf by the ombudsman.
9-2-1306. Resolution of complaints.
(a) The ombudsman shall attempt to resolve the complaint using mediation and negotiation whenever possible.
(b) Following an investigation, the ombudsman shall report his findings and recommendations to the resident or resident's guardian and may report the findings to any other entity deemed appropriate.
(c) The provider of long term care service complained against shall have a reasonable opportunity to respond to the complaint. If the problem seriously threatens the safety or well-being of a resident, the ombudsman shall refer the complaint to an appropriate agency.
9-2-1307. Confidentiality.
The identity of any resident on whose behalf a complaint is made, or any person providing information to an investigation shall be confidential. The identity of any person shall be disclosed only with the written permission of the individual. If the complaint becomes the subject of a judicial proceeding, the investigative information may be disclosed as required by the court.
No person shall discriminate against any resident, relative or guardian of a resident, employee of a long term care service provider or any other person because of the making of a complaint or providing of information, in good faith, to the ombudsman.
9-2-1309. Access to ombudsman.
No resident shall be denied the right to contact the ombudsman.