HCS CSSB 342(HES): "An Act relating to the long term care ombudsman."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 342(HES) 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 AS 47.62.015 is repealed and reenacted to read: 04 Sec. 47.62.015. Duties of the long term care ombudsman. (a) The long 05 term care ombudsman may, personally or through a representative of the office, 06 (1) identify, investigate, and resolve complaints that are made by or on 07 behalf of older Alaskans who reside in a long term care facility in the state if the 08 complaints relate to a decision, action, or failure to act by a provider or a 09 representative of a provider of long term care services, or by a public agency or social 10 services agency, that may adversely affect the health, safety, welfare, or rights of one 11 or more older Alaskans; 12 (2) visit the residents of long term care facilities in the state, the 13 residents' representatives, and others to identify, investigate, and resolve complaints 14 covered by (1) of this subsection; 15 (3) subject to the confidentiality provisions of AS 47.62.030, provide
01 information to public agencies regarding the problems of older Alaskans who reside in 02 long term care facilities in the state; 03 (4) identify, investigate, and resolve complaints that are made by or on 04 behalf of older Alaskans related to the long term care or residential circumstances of 05 one or more older Alaskans; complaints under this paragraph may relate to any issue 06 not covered under (1) of this subsection, including an older Alaskan's landlord, senior 07 citizen housing, a public assistance program, a public grant program for services to 08 older Alaskans, public utilities, health care facilities, and health care providers; 09 (5) analyze, comment on, and monitor the development and 10 implementation of federal, state, and local laws, rules, regulations, and policies with 11 respect to the health, safety, welfare, and rights of residents of long term care 12 facilities; the ombudsman may personally or through representatives of the office, 13 facilitate public comment on laws, rules, regulations, policies, and actions that relate 14 to the health, safety, welfare, and rights of the residents of long term care facilities; 15 (6) promote the development of citizen organizations interested in the 16 health, safety, welfare, and rights of older Alaskans who reside in long term care 17 facilities in the state; 18 (7) provide technical support for the development of resident councils 19 and family councils whose members are interested in protecting the well-being and 20 rights of the residents of long term care facilities in the state; 21 (8) schedule visits to long term care facilities to exchange information 22 regarding the health, safety, welfare, and rights of the residents; 23 (9) pursue administrative, legal, or other appropriate remedies on 24 behalf of an older Alaskan who resides in a long term care facility in the state. 25 (b) The ombudsman or an employee of the office may subpoena witnesses, 26 compel their attendance, require the production of evidence, administer oaths, and 27 examine any person under oath in connection with a complaint described under (a)(1) 28 of this section. The powers described in this subsection shall be enforced by the 29 superior court. 30 (c) In this section, "representative" means an employee or volunteer who is 31 trained and certified by the ombudsman under AS 47.62.020.
01 * Sec. 2. AS 47.62.025 is amended to read: 02 Sec. 47.62.025. Access to long term care facilities, older Alaskans, and 03 records. (a) A person may not deny access to a long term care facility or to an older 04 Alaskan by the ombudsman or an employee, volunteer, or other representative of the 05 office. A person may not deny immediate access to a long term care facility or to 06 an older Alaskan by the ombudsman or an employee, volunteer, or other 07 representative of the office between eight o'clock in the morning and eight o'clock 08 in the evening. A person may not deny immediate access to a long term care 09 facility or to an older Alaskan by the ombudsman or an employee, volunteer, or 10 other representative of the office between eight o'clock in the evening and eight 11 o'clock in the morning if the ombudsman or employee, volunteer, or other 12 representative of the office 13 (1) has scheduled a visit with the operator of the facility for a time 14 between eight o'clock in the evening and eight o'clock in the morning; 15 (2) states that the purpose for requesting access is to investigate a 16 complaint made by or on behalf of an older Alaskan who resides in the facility 17 and immediate access is necessary to protect the health, safety, welfare, or rights 18 of a resident of the facility; or 19 (3) states that an older Alaskan or the legal representative of an 20 older Alaskan has requested that a visit from the office occur between eight 21 o'clock in the evening and eight o'clock in the morning. 22 (b) Notwithstanding the provisions of AS 47.62.015(b) [AS 47.62.015(c)(1)], 23 the ombudsman may obtain medical or other records of an older Alaskan who resides 24 in a long term care facility in the state only with the consent of the older Alaskan or 25 the older Alaskan's legal guardian or, if the older Alaskan is unable or incompetent to 26 consent and does not have a legal guardian, only with a court order.