Oregon Administrative Rules Chapter 114 - LONG TERM CARE OMBUDSMAN
Oregon Administrative Rules (OAR) Chapter 114 is specifically dedicated to the Long Term Care Ombudsman program in Oregon. This chapter establishes the rules and procedures that govern the operation of the Office of the Long-Term Care Ombudsman (OLTCO) and its certified volunteers, all of whom play a crucial role in advocating for the rights and well-being of residents in long-term care facilities across the state.
The core purpose of OAR Chapter 114 is to:
Define the mission and goals of the Ombudsman Program: The overarching goal is to enhance the quality of life, improve the level of care, protect the individual rights, and promote the dignity of each Oregon citizen residing in a long-term care facility.
Establish the authority and duties of the State Long-Term Care Ombudsman and their designees (certified ombudsmen): This includes outlining their powers to investigate complaints, monitor facilities, and advocate for residents.
Set forth the qualifications and training requirements for certified ombudsmen: Ensuring that individuals serving in this critical role are properly trained and meet specific standards.
Detail access rights to long-term care facilities and resident records: Granting ombudsmen the necessary access to perform their duties effectively, including the ability to enter facilities without prior notification and to access resident rooms and relevant service areas.
Outline procedures for complaint investigation and resolution: Providing a framework for how complaints from or on behalf of residents are handled, investigated, and resolved, with an emphasis on informal resolution whenever possible.
Address issues of confidentiality and reporting: Ensuring the protection of resident privacy while also establishing necessary reporting mechanisms for abuse or other serious concerns.
Define what constitutes program interference: Protecting the ability of ombudsmen to carry out their duties without obstruction.
Key Divisions within OAR Chapter 114 often include:
Division 1: Procedural Rules: General administrative procedures for the Ombudsman office.
Division 2: Goals and Definitions: Lays out the fundamental objectives of the program and defines key terms used throughout the chapter.
Division 3: Appointment and Duties of Local Screening Committees: Details the process for recruiting and screening potential volunteer ombudsmen.
Division 4: Designees: Focuses on the qualifications, training, and appointment of the certified volunteer ombudsmen who carry out the day-to-day advocacy.
Division 5: Access, Investigation and Reporting Procedures: This is a crucial section, outlining the specific rights and procedures for ombudsmen to gain access to facilities and records, conduct investigations, and report findings.
Division 6: Program Interference: Addresses actions that would hinder an ombudsman's ability to perform their duties and the consequences of such interference.
Importance of OAR Chapter 114:
For residents of long-term care facilities in Oregon, their families, and facility staff, OAR Chapter 114 is vital because it:
Empowers residents: It outlines the rights of residents and provides a mechanism for them to voice concerns and have them addressed by an independent advocate.
Ensures accountability: It provides a regulatory framework for the Ombudsman program to effectively monitor and address issues within long-term care facilities.
Guides ombudsmen: It provides clear guidelines for the conduct, responsibilities, and authority of the State Long-Term Care Ombudsman and their volunteer designees.
Promotes quality of care: By facilitating complaint resolution and advocating for residents' rights, the rules contribute to improving the overall quality of care in long-term care settings.
Accessing the Rules:
To access the most current version of Oregon Administrative Rules Chapter 114, you should consult:
Oregon Secretary of State's Office (Oregon Administrative Rules website): This is the official source for all OARs and provides the most up-to-date and legally binding text. You can typically find it through the Oregon.gov portal or by searching directly for "Oregon Administrative Rules Chapter 114."
Office of the Long-Term Care Ombudsman's Official Website (oltco.org or through Oregon.gov/LTCO): This website often provides direct links to the relevant OARs, as well as information on recent rule changes, rulemaking processes, and how to contact the Ombudsman program.
Legal Information Institute (LII) at Cornell Law School or Justia Regulations: These platforms also provide accessible and searchable versions of state administrative codes, including Oregon's.
It is highly recommended to refer to the official sources to ensure you are viewing the most current and accurate version of these administrative rules, as they can be updated periodically.
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