202 Withdrawal of Designation of Ombudsman Programs

Policy

The SLTCO has the sole authority to de-designate an entity as a LE for cause.

Procedures

202.1 Criteria for withdrawal of designation

The SLTCO has the sole authority to refuse to designate or may de-designate an entity as a LE for one or more of the following reasons:

  1. Failure of the entity to continue to meet the criteria for designation (II-201.1).

  2. Existence in the entity of an unresolved conflict of interest with the LTCOP.

  3. Deliberate failure of the entity to disclose any conflict of interest.

  4. Violation of LTCOP confidentiality requirements by any person employed by, supervised by, or otherwise acting as an agent of, the entity.

  5. Failure of the entity to provide adequate LTCOP services, including but not limited to failure to perform enumerated responsibilities (see II-304), failure to fill a vacant OR staff position within a reasonable time, failure to submit a LTCOP Annual Plan (see III-100.1) for approval by the SLTCO, or failure to use funds designated for the LTCOP for LTCOP services.

  6. Failure of the entity to adhere to the provisions of the contract for the provision of OR services.

  7. Failure of the entity to adhere to applicable federal and state laws, regulations, and policies and/or OSLTCO Policies and Procedures.

202.2 Process for withdrawal of designation of a LTCOP LE

  1. The process to de-designate the LE shall be as follows:

    1. The SLTCO shall send notice of the intent to de-designate at a specified date to the LE and may, but is not required, to send notice to the applicable AAA. The notice shall include the reasons for de-designation and notice of the reconsideration procedures of the OSLTCO.

    2. De-designation of a LE shall not become effective until all reconsideration procedures are exhausted.

    3. The SLTCO shall provide for the continuation of OR services (II-202.4) until designation of another entity is effective. The SLTCO, at his or her discretion, may consult with the applicable AAA regarding the provision of services in the service area.

    4. The OSLTCO shall terminate its contract with the LE.

202.3 Voluntary withdrawal of a provider agency

A LTCOP LE may voluntarily relinquish its designation by providing notice to the SLTCO. Such notice shall be provided sixty (60) days in advance of the date of the relinquishment of designation.

202.4 Continuation of OR services

Where a LE is in the process of appealing its de-designation or has relinquished designation:

  1. The LE and the SLTCO shall arrange for the provision of OR services until a new LE is designated.

  2. The LE shall surrender intact to the SLTCO or the SLTCO designee all LTCOP case records, documentation of all LTCOP activities and complaint processing as required by the ombudsman reporting system, and identification cards of all ORs associated with the LE.

  3. The LE shall, at the discretion of the OSLTCO, surrender any equipment purchased with funds designated for LTCO services.

  4. The LE shall surrender the balance of any advanced state or federal monies to the OSLTCO.

Reference

OAA § 307(a)(5)