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SB 342: "An Act relating to the long term care ombudsman."

00 SENATE BILL NO. 342 01 "An Act relating to the long term care ombudsman." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.62.015(a) is amended to read: 04 (a) The ombudsman shall identify, investigate, and resolve complaints [A 05 COMPLAINT] made by or on behalf of older Alaskans who reside [AN OLDER 06 ALASKAN WHO RESIDES] in a long term care facility in the state if the complaints 07 relate [COMPLAINT RELATES] to a decision, action, or failure to act by a provider 08 or a representative of a provider of long term care services, or by a public agency or 09 social services agency, that may adversely affect the health, safety, welfare, or rights 10 of one or more older Alaskans. The ombudsman shall visit the residents of long 11 term care facilities in the state, the residents' representatives, and others in order 12 to identify complaints covered by this subsection and to exchange information 13 regarding the health, safety, welfare, and rights of the residents. Subject to the 14 confidentiality provisions of AS 47.62.030, the ombudsman shall provide 15 information to public agencies regarding the problems of older Alaskans who

01 reside in long term care facilities in the state [THE OLDER ALASKAN]. 02 * Sec. 2. AS 47.62.015(b) is amended to read: 03 (b) The ombudsman may identify, investigate, and resolve complaints [A 04 COMPLAINT] made by or on behalf of older Alaskans [AN OLDER ALASKAN] 05 relating to the long term care or residential circumstances of one or more older 06 Alaskans [THE OLDER ALASKAN]. Complaints under this subsection may relate 07 to any issue not covered under (a) of this section, including an [THE] older Alaskan's 08 landlord, senior citizen housing, a public assistance program, a public grant program 09 for services to older Alaskans, public utilities, health care facilities, and health care 10 providers. 11 * Sec. 3. AS 47.62.015 is amended by adding new subsections to read: 12 (d) The ombudsman shall analyze, comment on, and monitor the development 13 and implementation of federal, state, and local laws, rules, regulations, and policies 14 with respect to the health, safety, welfare, and rights of residents of long term care 15 facilities. The ombudsman may facilitate public comment on laws, rules, regulations, 16 policies, and actions that relate to the health, safety, welfare, and rights of the residents 17 of long term care facilities. 18 (e) The ombudsman shall promote the development of citizen organizations 19 interested in the health, safety, welfare, and rights of older Alaskans who reside in 20 long term care facilities in the state. 21 (f) The ombudsman shall provide technical support for the development of 22 resident councils and family councils whose members are interested in protecting the 23 well-being and rights of the residents of long term care facilities in the state. 24 (g) In addition to volunteers who may provide office assistance, the 25 ombudsman shall recruit volunteers who, after training under AS 47.62.020 and in 26 accordance with policies and procedures established by the ombudsman, may assist 27 the ombudsman by 28 (1) informing residents of long term care facilities, their 29 representatives, and others about the rights of the residents; and 30 (2) identifying, investigating, and resolving complaints described 31 under AS 47.62.015(a).

01 * Sec. 4. AS 47.62.025(a) is amended to read: 02 (a) A person may not deny access to a long term care facility or to an older 03 Alaskan by the ombudsman or an employee, volunteer, or other representative of the 04 office. A person may not deny immediate access to a long term care facility or to 05 an older Alaskan by the ombudsman or an employee, volunteer, or other 06 representative of the office if the ombudsman or employee, volunteer, or other 07 representative of the office states that the purpose for requesting access is to 08 investigate a complaint made by or on behalf of an older Alaskan who resides in 09 the facility.