It is enacted by the General Assembly as follows:

SECTION 1. Title 42 of the general laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:

{ADD CHAPTER 66.7 ADD}

{ADD LONG TERM CARE OMBUDSPERSON ADD}

{ADD 42-66.7-1. Short title. -- ADD} {ADD This chapter shall be known and may be cited as the Long Term Care Ombudsperson Act of 1995. ADD}

{ADD 42-66.7-2. Program established. -- ADD} {ADD There is hereby established a program of the Long Term Care Ombudsperson to be administratively attached to the department of elderly affairs in accordance with its mandate under 42-66-4 and the Older Americans Act. ADD}

{ADD 42-66.7-3. Definitions. -- ADD} {ADD As used in this chapter:

(a) An "act" of any facility or government agency includes any failure or refusal to act by such facility or government agency.

(b) "Administrator" means any person who is charged with the general administration or supervision of a facility whether or not such person has an ownership interest and whether or not such person's functions and duties are shared with one or more other persons.

(c) "Elderly" means any person sixty (60) years of age or older who is a resident of any facility.

(d) "Facility" means any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facilities include,but are not limited to, nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, homes for the aged, veterans' homes, boarding homes, and residential care and assisted living facilities.

(e) "Government agency" means any department, division, office, bureau, board, commission, authority, non-profit community organization, or any other agency or instrumentality created by any municipality or by the state, or to which the state is a party, which is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities.

(f) "Ombudsperson" means the person or persons designated by the director of the department of elderly affairs. Said person or persons shall have expertise and experience in the fields of social work, long term care, and advocacy, and shall be qualified and experienced in communicating with the elderly.

(g) "Resident" means any person age sixty (60) years of age or older who is receiving treatment, care, or housing in any facility in all its aspects including, but not limited to, admission, retention, confinement, period of residence, transfer, discharge, and in any instances directly related to such status. Residents include patients and clients. Resident shall also include disabled persons under sixty (60) years of age residing in nursing homes, residential and assisted living facilities. ADD}

{ADD 42-66.7-4. Long term care ombudsperson. -- ADD} {ADD The department of elderly affairs shall establish the position(s) of long term care ombudsperson for the purpose of advocating on behalf of long term care facility residents and of receiving, investigating and resolving through mediation, negotiation, and administrative action complaints filed by residents of long term care facilities, individuals acting on their behalf or any individual organization or government agency that has reason to believe that a long term care facility, organization or government agency has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse affect upon the health, safety, welfare, rights or the quality of life of residents of such long term care facilities. The department of elderly affairs may operate the office of long term care ombudsperson and carry out the program, directly or by contract or other arrangement with any public agency or non-profit organization. ADD}

{ADD 42-66.7-5. Powers and duties. -- ADD} {ADD The long term care ombudsperson shall:

(2) provide referral services to assist residents in protecting their health, safety, welfare and rights;

(3) inform residents of their rights and advocate on their behalf to improve their quality of life and live with dignity and respect;

(4) formulate policies and procedures to identify, investigate, and resolve complaints;

(5) make appropriate referrals of investigations to other state agencies, such as the department of health and the department of attorney general; and

(6) Offer assistance and training to public and private organizations on long term care of elders. ADD}

{ADD 42-66.7-6. Confidentiality. -- ADD} {ADD The files maintained by the long term care ombudsperson program are confidential and shall be disclosed only with the written consent of the resident affected, or his or her legal representative, or if such disclosure is required by court order. Nothing in this paragraph shall be construed to prohibit the disclosure of information gathered in an investigation to any interested party as may be necessary to resolve the complaint or to refer to other appropriate state agencies investigating criminal or licensing violations. ADD}

{ADD 42-66.7-7. Access to records, facility, resident. -- ADD} {ADD (1) In the course of an investigation, the long term care ombudsperson shall:

(a) make the necessary inquiries and obtain information as deemed necessary;

(b) have access to facilities and residents;

(c) enter facilities and, after notifying the person in charge, inspect any books, files, medical records, or other records that pertain to the resident and are required by law to be maintained by the facility;

(2) In the ordinary course of the long term care ombudsperson's duties, the long term care ombudsperson shall have access to residents of a facility to:

(a) visit, talk with, make personal, social, and other appropriate services available;

(b) inform them of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials, discussion in groups, or discussion with individual residents and their families; and

(c) engage in other methods of assisting, advising, and representing residents to extend to them the full enjoyment of their rights. ADD}

{ADD 42-66.7-8. Retaliation prohibited. -- ADD} {ADD No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility by such facility; nor against any guardian or family member of any resident; nor against any resident of such facility; nor against any volunteer for any communication by him or her with the long term care ombudsperson or for any information given or disclosed by him or her in good faith to aid the long term care ombudsperson in carrying out their duties and responsibilities. ADD}

{ADD 42-66.7-9. Cooperation required. -- ADD} {ADD (a) The long term care ombudsperson may request from any government agency, and said agency is hereby authorized and directed to provide, such cooperation and assistance, services, and data as will enable the long term care ombudsperson to properly perform or exercise any of its functions, duties and powers under this chapter.

(b) The long term care ombudsperson shall cooperate and assist other government agencies in their investigations, such as the department of health, the department of attorney general, the department of human services and any other pertinent department or agency. ADD}

{ADD 42-66.7-10. Annual reports. -- ADD} {ADD The long term care ombudsperson shall file a report of the activities of the long term care ombudsperson program and the long term care ombudsperson's activities concerning facilities and the protection of the rights of residents of the facilities with the director of the department of elderly affairs. Such report shall be submitted by the director of elderly affairs to the chair of the long term care coordinating council for review. ADD}

{ADD 42-66.7-11. Immunity from liability. -- ADD} {ADD Any person, institution, or official who in good faith participates in the registering of a complaint, or who in good faith investigates that complaint or provides access to those persons carrying out the investigation or who participates in a judicial proceeding resulting from that complaint, shall be immune from any civil or criminal liability that might otherwise result of these actions. For the purpose of any civil or criminal proceedings, there will be a rebuttable presumption that any person acting pursuant to this chapter did so in good faith. ADD}

{ADD 42-66.7-12. Rules and regulations. -- ADD} {ADD The director of the department of elderly affairs shall promulgate and, from time to time, revise rules and regulations for the implementation of the long-term ombudsperson program including, but not limited to, the procedures for the receipt, investigation and resolution, through administrative action, of complaints. ADD}

{ADD 42-66.7-13. Interagency cooperation. -- ADD} {ADD Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other state agencies or departments. The director of the department of elderly affairs shall establish an interagency agreement among elderly affairs, department of health, the department of attorney general and the department of human services to ensure a cooperative effort in meeting the needs of the residents of long term care facilities. ADD}

SECTION 2. This act shall take effect upon passage.