173-14-20. System advocacy

(A) Systems advocacy includes, but it not limited to, evaluating and making known concerns and issues regarding long-term care by doing all of the following:

(1) Preparing an annual report containing information and findings regarding the types of problems experienced by consumers and the complaints made by or on behalf of consumers. The report shall include recommendations for policy, regulatory, and legislative changes to solve problems, resolve complaints, and improve the quality of care and life for consumers and shall be submitted to the governor, the speaker of the house of representatives, the president of the senate, the directors of health and of job and family services, and the commissioner of the administration on aging of the United States department of health and human services.

(2) Monitoring and analyzing the development and implementation of federal, state, and local laws, regulations, and policies regarding long-term care services in this state and recommending to officials changes the office considers appropriate in these laws, regulations, and policies.

(3) Providing information and making recommendations to public agencies, members of the general assembly, and others regarding problems and concerns of consumers.

(B) The SLTCO shall personally, or through representatives, analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other government policies and actions pertaining to long-term care providers and services and to the health, safety, welfare, and rights of consumers, and to recommend any changes in such laws, regulations, and policies as the office determines appropriate.

(C) The SLTCO, as head of the office, shall be able to independently make determinations and establish positions of the office, without representing the determinations or positions of ODA or other state agency, regarding the following:

(1) Recommendations to changes in federal, state, and local laws, regulations, policies, and actions pertaining to the health, safety, welfare, and rights of consumers.

(2) Provision of information to public and private agencies, legislators, the media, and other persons, regarding the problems and concerns of consumers and recommendations related to the problems and concerns.

(D) The SLTCO shall seek input from representatives and stakeholders and may consult with ODA and stakeholders in making determinations and establishing positions of the office. Methods may include the following:

(1) Providing for public forums to discuss concerns and problems relating to action, inaction, or decisions that may adversely affect the health, safety, welfare, or rights of consumers by providers of long-term care and their representatives, public agencies and entities, and social service agencies.

(2) Conducting public hearings.

(3) Sponsoring workshops and conferences.

(4) Holding meetings for the purpose of obtaining information about consumers, discussing and publicizing their needs, and advocating solutions to their problems.

(5) Promoting the development of citizen organizations.

(E) Representatives shall adhere to the determinations and positions of the office as established by the SLTCO.

Effective: 5/1/2018
Five Year Review (FYR) Dates: 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.16 ; 42 U.S.C. 3025(a)(1)(C), 3058g(a)(5)(D); 45 C.F.R. 1321.11, 1324.11(e), 1324.13(b)(1), 1324.15(b)
Rule Amplifies: 173.14, 173.7, 173.19, 173.20, 173.22 ; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11(e), 1324.15