173-14-17. Referral of complaints to the state long-term care ombudsman

(A) Representatives of the office shall refer to the SLTCO, in a manner established by the SLTCO, any of the following complaints:

(1) A complaint posing a conflict of interest that cannot be remedied by reassigning the complaint to another representative.

(2) A complaint the consumer wants the SLTCO to handle.

(3) A complaint that is frivolous, vexatious, or not made in good faith.

(4) A complaint made so long after the actual occurrence that it is no longer reasonable to conduct an investigation.

(5) A complaint for which an adequate investigation cannot be conducted because of insufficient funds, staff, expertise, or other factor that could result in an inadequate investigation .

(6) A complaint for which an injunction is sought against a long-term care facility for a violation of the residents' bill of rights pursuant to sections 3721.10 to 3721.18 of the Revised Code.

(B) The SLTCO shall determine whether complaints warrant investigation. The STLCO's determination in this matter is final.

(C) The SLTCO shall provide updates on the progress and disposition of a case to the referring regional program. For those complaints which the SLTCO determines do not warrant handling, the SLTCO shall notify the consumer and/or complainant, if possible, and the regional program of the reasons the complaint shall not be handled.

Effective: 5/1/2018
Five Year Review (FYR) Dates: 1/30/2018 and 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.20 ; 42 U.S.C. 3025(a)(1)(C), 3058g(a)(5)(D); 45 C.F.R. 1321.11, 1324.11(e)(2), 1324.13(b)(1), 1324.15(b)
Rule Amplifies: 173.15 ; 173.20 ; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11(e)(2), 1324.19(b)
Prior Effective Dates: 06/15/1991, 12/27/2001, 12/28/2006