173-14-29. Response to allegations about ombudsman performance

(A) Any individual or organization may make a complaint about the action or inaction of a representative.

(B) The SLTCO shall provide each representative with standard written information about the process outlined in this rule.

(C) The office will investigate and attempt to resolve complaints in the following order of responsibility:

(1) Either of the following:

(a) Regional ombudsman program director when the complaint is about a representative affiliated with the respective regional program; or,

(b) Sponsoring agency director when the complaint is about the regional program director.

(2) SLTCO's quality improvement coordinator.

(3) SLTCO.

(D) The protocol for investigation and resolution shall include the following steps in the order determined to be appropriate by the ombudsman responding to the complaint:

(1) Interview complainant to gather facts of the allegation.

(2) Interview witnesses if any identified by the complainant.

(3) Review documentation of the performance in question.

(4) Interview the representative who is the subject of the complaint.

(5) Make a determination of any remedial action needed, including but not limited to additional education or supervision.

(6) Consultation with the sponsoring agency and/or SLTCO staff.

(7) Documentation of the outcome in the representative's personnel file.

(8) Documentation of training or technical assistance provided in ODIS.

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)(7), 1324.13(b)(1), 1324.15(b)
Rule Amplifies: 173.16 , 173.18 ; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11(e)(7)