Section 1.  Section 28 of Chapter 19A of the General Laws is hereby amended by adding the following at the end thereof:

            The ombudsman program contained in this section shall apply to the residents of any facility licensed or certified by the executive office of health and human services.

            In carrying out the provisions of this section the secretary shall develop and implement a system to record and track all complaints filed with the ombudsman and their disposition.

            The ombudsman shall develop, implement and promulgate a protocol for the receipt, analysis, investigation and effective response to complaints received.  Said protocol shall include but not be limited to the establishment of criteria for referral to a district attorney for the investigation and prosecution of crimes where they may have occurred, and to the appropriate department of state government for the investigation of violation of treatment protocols and/or standards of care and the necessary measures to address such violations.

            The protocol so developed shall be clear, easily comprehensible and provide standards for prompt action in response to complaints.  Said protocol shall also provide for the direct referral of complaints to the secretary for matters remaining unresolved for a period of longer than 90 days following the filing of a complaint.

            Section  2.  Section 28 of said chapter is further amended by striking in the first sentence the words “subject to appropriation or the receipt of federal funds”.