2017 ORS 443.382¹
Residential Facilities Ombudsman
  • duties

(1) The Long Term Care Ombudsman, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416 (Residential Ombudsman and Public Guardianship Advisory Board), shall appoint a Residential Facilities Ombudsman for a four-year term. The Residential Facilities Ombudsman serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for cause. The Long Term Care Ombudsman shall fill any vacancy within 60 days. The salary of the Residential Facilities Ombudsman shall be determined by the Long Term Care Ombudsman. The Residential Facilities Ombudsman shall be reimbursed for all reasonable travel and other expenses incurred in the performance of the ombudsman’s official duties.

(2) The Residential Facilities Ombudsman may, subject to the approval of the Long Term Care Ombudsman, hire or contract with volunteers, staff, deputy ombudsmen and other qualified individuals as necessary to perform the duties of the ombudsman.

(3) The Residential Facilities Ombudsman shall:

(a) Identify, investigate and resolve complaints made by or on behalf of residents about administrative actions.

(b) Provide residents, families of residents, guardians, community members and administrators and staff of residential facilities with information regarding the rights of residents as set forth in ORS 427.107 (Rights of persons receiving developmental disability services) and 430.210 (Rights of persons receiving mental health services) and any other applicable rights of residents.

(c) Widely publicize the Residential Facilities Ombudsman’s services, purpose and mode of operation.

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

(e) Work closely with 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) Provide services to residents to assist them in protecting their health, safety, welfare and rights.

(g) Ensure that residents have regular, timely, private and unimpeded access to the Residential Facilities Ombudsman’s services and that a resident or an individual acting on behalf of a resident who files a complaint receives a timely response to the complaint from the ombudsman or a designee.

(h) Represent the interests of residents before government agencies and seek administrative, legal or other appropriate remedies to protect the health, safety, welfare and rights of residents.

(i) Analyze, comment on and monitor the development and implementation of federal, state and local laws and other governmental policies pertaining to the health, safety, welfare and rights of residents.

(j) Recommend any changes to state or local laws to improve the health, safety, welfare and rights of residents.

(k) Facilitate public comment on laws and policies that affect the health, safety, welfare and rights of residents.

(L) Train designees.

(m) Promote the development of organizations to advocate on behalf of residents of residential facilities.

(n) To the extent practicable, assist residents who move from a residential facility to a home care setting.

(o) Assist residents and individuals acting on their behalf in locating and accessing resources in the community and in connecting with local service providers.

(p) Engage the participation of residents in general studies, conferences, inquiries or meetings related to residential care in this state.

(q) Make recommendations for improvements in the functioning of the residential facility system in this state.

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

(s) Provide information to public agencies about the problems of residents.

(t) Collect and compile data necessary to prepare the report submitted to the Governor under ORS 182.500 (Mandatory report to Governor by person performing ombudsman services).

(u) Adopt rules necessary for carrying out ORS 443.380 (Definitions for ORS 443.380 to 443.394) to 443.394 (Procedures to maintain confidentiality), in accordance with ORS chapter 183, in consultation with the Long Term Care Ombudsman and the Residential Ombudsman and Public Guardianship Advisory Board. [2017 c.441 §2]

Note: See note under 443.380 (Definitions for ORS 443.380 to 443.394).

1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2017) (last ac­cessed Mar. 30, 2018).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.