2013 ORS § 441.109¹
Duties of ombudsman
  • rules

(1) The office of the Long Term Care Ombudsman shall carry out the following duties:

(a) Investigate and resolve complaints made by or for residents of residential facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation.

(b) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of residential facilities.

(c) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to residential facilities in this state.

(d) Provide information to public agencies about the problems of residents of residential facilities.

(e) Work closely with cooperative associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517 (Access to records of individual with disability or individual with mental illness).

(f) Widely publicize the Long Term Care Ombudsmans service, purpose and mode of operation.

(g) Collaborate with the Oregon Health Authority, the Department of Human Services, the Nursing Home Administrators Board and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints and conditions in residential facilities for the purpose of publicizing improvements and resolving significant problems.

(h) Appoint designees to serve as local representatives of the office in various districts of the state and regularly monitor their functions.

(i) Specify qualifications and duties of designees.

(j) Adopt rules necessary for carrying out ORS 441.100 (Definitions for ORS 441.100 to 441.153) to 441.133 (Effect of ORS 441.100 to 441.153 on right to visitors), after consultation with the Residential Facilities Advisory Committee.

(k) Provide periodically, or at least annually, a report to the Governor, authority, department and Legislative Assembly.

(L) Prepare necessary reports with the assistance of the authority and the department.

(2) At least quarterly, the Oregon Health Authority and the Department of Human Services shall provide the Long Term Care Ombudsman with a list of the number of licensed or certified beds in each residential facility for which the ombudsman has responsibilities under this section.

(3) As used in this section, administrative action means any action or decision made by an owner, employee or agent of a residential facility or by a public agency that affects the services to residents of the facility. [1981 c.534 §4; 1985 c.153 §3; 2001 c.900 §172; 2009 c.768 §32; 2013 c.717 §3]

Note: The amendments to 441.109 (Duties of ombudsman) by section 3, chapter 717, Oregon Laws 2013, become operative July 1, 2014. See section 19, chapter 717, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the users convenience.

441.109 (Duties of ombudsman). The office of the Long Term Care Ombudsman shall carry out the following duties:

(1) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation.

(2) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of long term care facilities.

(3) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to long term care facilities in this state.

(4) Provide information to public agencies about the problems of residents of long term care facilities.

(5) Work closely with cooperative associations and citizen groups in this state.

(6) Widely publicize the Long Term Care Ombudsmans service, purpose and mode of operation.

(7) Collaborate with the Department of Human Services and the Nursing Home Administrators Board to establish a statewide system to collect and analyze information on complaints and conditions in long term care facilities for the purpose of publicizing improvements and resolving significant problems.

(8) Appoint designees to serve as local representatives of the office in various districts of the state and regularly monitor their functions.

(9) Specify qualifications and duties of designees.

(10) Adopt rules necessary for carrying out ORS 441.100 (Definitions for ORS 441.100 to 441.153) to 441.133 (Effect of ORS 441.100 to 441.153 on right to visitors), after consultation with the committee.

(11) Provide periodically, or at least twice annually, a report to the Governor, department and the Legislative Assembly.

(12) Prepare necessary reports with the assistance of the department.