Sec. 17a-405. (Formerly Sec. 17b-400). Office of the Long-Term Care Ombudsman. Regional ombudsmen. Appointments. Inclusion in classified service. Definitions.

(a) As used in this chapter:

(1) “State agency” means the Department of Rehabilitation Services.

(2) “Office” or “Office of the Long-Term Care Ombudsman” means the organizational unit which is headed by the State Long-Term Care Ombudsman established in this section.

(3) “State Ombudsman” means the individual who heads the office established in this section.

(4) “Program” means the long-term care ombudsman program established in this section.

(5) “Representative of the office” includes a regional ombudsman, a residents' advocate or an employee of the Office of the Long-Term Care Ombudsman who is individually designated by the State Ombudsman.

(6) “Resident” means an individual who resides in a long-term care facility.

(7) “Long-term care facility” means any skilled nursing facility, as defined in Section 1819(a) of the Social Security Act, (42 USC 1395i-3(a)) any nursing facility, as defined in Section 1919(a) of the Social Security Act, (42 USC 1396r(a)) a board and care facility as defined in Section 102(19) of the federal Older Americans Act, (42 USC 3002(19)) and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act, (42 USC 1382e(e)) and any other adult care home similar to a facility or nursing facility or board and care home.

(8) “Commissioner” means the Commissioner of Rehabilitation Services.

(9) “Applicant” means an individual who has applied for admission to a long-term care facility.

(10) “Resident representative” means (A) an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (B) a person authorized by state or federal law to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (C) a legal representative, as used in Section 712 of the Older Americans Act; or (D) the court-appointed guardian or conservator of a resident.

(b) There is established an independent Office of the Long-Term Care Ombudsman within the Department of Rehabilitation Services. The Commissioner of Rehabilitation Services shall appoint a State Ombudsman who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy to head the office and the State Ombudsman shall appoint regional ombudsmen. In the event the State Ombudsman or a regional ombudsman is unable to fulfill the duties of the office, the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting regional ombudsman.

(c) Notwithstanding the provisions of subsection (b) of this section, on and after July 1, 1990, the positions of State Ombudsman and regional ombudsmen shall be classified service positions. The State Ombudsman and regional ombudsmen holding said positions on said date shall continue to serve in their positions as if selected through classified service procedures. As vacancies occur in such positions thereafter, such vacancies shall be filled in accordance with classified service procedures.

(d) The activities of the State Ombudsman or representatives of the office do not constitute lobbying under 45 CFR Part 93.

(P.A. 77-575, S. 1, 23; P.A. 81-167; P.A. 88-206, S. 3; P.A. 90-204, S. 1, 3; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 1, 24; P.A. 13-125, S. 9; June Sp. Sess. P.A. 17-2, S. 300; P.A. 18-6, S. 1; 18-169, S. 24.)

History: P.A. 81-167 changed the number of assistant regional ombudsmen the commissioner on aging may appoint from a maximum of five to a number to be determined by the commissioner and deleted obsolete provisions re original appointment dates and terms; P.A. 88-206 authorized the commissioner to appoint an acting state ombudsman or an acting assistant regional ombudsman if the state ombudsman or assistant regional ombudsman cannot fulfill the duties of his office; P.A. 90-204 provided for the inclusion of the state ombudsman and assistant regional ombudsmen in the classified service; Sec. 17-135a transferred to Sec. 17a-405 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-405 transferred to Sec. 17b-400 in 1995; P.A. 99-176 inserted new Subsec. (a) consisting of definitions, redesignated former Subsec. (a) as Subsec. (b), changed name of office from “Nursing Home Ombudsmen Office” to “Office of the Long-Term Care Ombudsman”, deleted reference to responsibility for receiving and resolving complaints, added that the ombudsman shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy and provided that the State Ombudsman shall appoint assistant regional ombudsmen, substituted “the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting assistant regional ombudsman” for “the commissioner may appoint an acting State Ombudsman or an acting assistant regional ombudsman”, and deleted reference to appointment of local volunteer patients' advocates, redesignated former Subsec. (b) as (c), deleted “assistant” re regional ombudsmen and made technical changes, effective July 1, 1999; P.A. 13-125 amended Subsec. (a) to redefine “state agency” in Subdiv. (1) and “commissioner” in Subdiv. (8), make a technical change in Subdiv. (5), delete former Subdiv. (9) re definition of “director” and redesignate existing Subdiv. (10) as Subdiv. (9), and amended Subsec. (b) to change “Department of Social Services” to “Department on Aging” and change “Commissioner of Social Services” to “Commissioner on Aging”, effective July 1, 2013; Sec. 17b-400 transferred to Sec. 17a-405 in 2015; June Sp. Sess. P.A. 17-2 replaced references to Department and Commissioner on Aging with references to Office of Policy and Management and Secretary of the Office of Policy and Management, respectively, and made a conforming change, effective October 31, 2017; P.A. 18-6 amended Subsec. (a) by redefining “State agency” to replace “Office of Policy and Management” with “Department of Rehabilitation Services” in Subdiv. (1), redefining “Office” in Subdiv. (2), redefining “State ombudsman” in Subdiv. (3), replacing “Representative” with “Representative of the office” in Subdiv. (5), redefining “Resident” in Subdiv. (6), replacing definition of “Secretary” with definition of “Commissioner” in Subdiv. (8), adding Subdiv. (10) defining “Resident representative”, amended Subsec. (b) by replacing references to Office and Secretary of Policy and Management and references to Department and Commissioner of Rehabilitation Services, replaced references to assistant regional ombudsman with references to regional ombudsman, and added Subsec. (d) re activities of State Ombudsman or representatives of office, effective May 14, 2018; P.A. 18-169 replaced references to Office and Secretary of Office of Policy and Management with references to Department and Commissioner of Rehabilitation Services, respectively, effective June 14, 2018.