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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 19A DEPARTMENT OF ELDER AFFAIRS
  • Section 33 Ombudsman; duties

Section 33. In order to insure that the goals of the ombudsman program are met the ombudsman shall:—

(a) establish and conduct a training program for persons employed by or associated with the ombudsman or any designated local ombudsman program who perform the duties and responsibilities enumerated in section thirty-one regarding the receipt, investigation and resolution through administrative action of complaints, and certify such persons upon satisfactory completion of such training programs;

(b) monitor the development and implementation of federal, state and local statutes, regulations and policies regarding long term care facilities;

(c) provide information to public agencies regarding the problems of elderly persons in long term care facilities;

(d) provide that complete records shall be maintained of complaints received, the actions taken, findings and recommendations in response to such complaints and other action, including the facilities’ responses to serious complaints, finding or recommendation of the ombudsman or his designee initiated independent of a specific complaint;

(e) establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long term care facilities for the purpose of identifying and resolving significant problems; with provision for submission of such data to the one agency of the state responsible for licensing and certifying long term care facilities on a regular basis;

(f) file a report of the activities of the nursing home ombudsman program and the ombudsman’s recommendation concerning long term care facilities and the protection of the rights of residents of said facilities with the secretary, governor and the general court within one hundred and twenty days following the end of each fiscal year;

(g) carry out other activities consistent with the requirements of 42 USC 3027(a)(12) and the provisions of this chapter; and

(h) establish and conduct a training program for persons employed by or associated with a community group offering free advocacy assistance to residents of long term care facilities, and certify such persons upon satisfactory completion of such training program.