203 Designation of Long-Term Care Ombudsman Representatives

Policy

The SLTCO designates individuals as ORs to participate in the LTCOP and to represent the OSLTCO. Such designation decisions are subject to reconsideration as set forth below, but are not subject to the general grievance process set forth in Policies and Procedures Part II Chapter 900.

Procedures

203.1 Criteria for designation as an OR

To be designated as an OR, an individual must:

  1. Have demonstrated capability to carry out the responsibilities of an OR.

  2. Be free of unresolved conflicts of interest (see II-400).

  3. Meet the minimum qualifications for the applicable OR position.

  4. Satisfactorily complete the applicable certification training requirements as specified in the Certification Requirements For Ombudsman Representatives (Appendix B).

  5. Be awarded a current certification card, signed by the SLTCO.

  6. Satisfactorily fulfill OR responsibilities (see II-305).

203.2 Minimum qualifications for Long-Term Care Ombudsman Representative Coordinators (ORCs)

  1. In order to qualify as an ORC, an individual must have:

    1. An undergraduate degree from a four-year college or university.

    2. The equivalent of three years of full-time work experience with at least two years in aging, long-term care, or related fields (at least one year in a consultative or supervisory capacity is desirable).

    3. A criminal background check in accordance with the DHS contract requirement. The individual shall not be hired if he or she has been convicted of any of the crimes listed under the laws related to nursing home, personal care home or assisted living community employees. (OCGA § 31-7-350 and OCGA § 31-7-250, respectively).

  2. Comparable experience may be substituted at the discretion of the SLTCO. Experience may be substituted for undergraduate education on a one-to-one basis; however, the same experience cannot be used to meet both the education and experience requirements. Graduate education may be substituted for one year of experience; however, a minimum of two years of full-time work experience is required.

203.3 Minimum qualifications for staff ORs

  1. In order to qualify for an OR staff position, an individual must have:

    1. An undergraduate degree from a four-year college or university.

    2. Two years of professional experience with at least one year in aging, long-term care, or related fields.

    3. A criminal background check in accordance with the DHS contract requirement. The individual shall not be hired if he or she has been convicted of any of the crimes listed under the laws related to nursing home, personal care home or assisted living community employees. (OCGA § 31-7-350 and OCGA § 31-7-250, respectively).

  2. Relevant and comparable education and/or experience may be substituted at the discretion of the SLTCO upon recommendation of the LTCOP Coordinator. Experience may be substituted for undergraduate education on a one-to-one basis; however, the same experience cannot be used to meet both the education and experience requirements.

203.4 Minimum qualifications for volunteers

  1. No minimum education or experience is required for volunteers prior to screening and acceptance into the LTCOP. The LTCOP shall clarify responsibilities and provide training for volunteers, as set forth in Section III-109 and Appendix B.

  2. A volunteer shall have a criminal background check in accordance with the DHS contract requirement. The individual shall not serve as a volunteer if he or she has been convicted of any of the crimes listed under the laws related to nursing home, personal care home or assisted living community employees and if he or she:

    1. Seeks to become certified.

    2. Has direct contact with residents in his or her role as volunteer.

    3. Has access to LTCO files or other confidential information regarding residents. (OCGA § 31-7-350 and OCGA § 31-7-250, respectively).

203.5 LE process for hiring OR staff

  1. Prior to offering employment to an individual for the purpose of serving as an OR, the LE shall:

    1. Indicate to the SLTCO that the individual has a satisfactory criminal background check.

    2. Provide the SLTCO with an opportunity to review the resume of the candidate(s) being considered for employment.

    3. Provide the SLTCO the opportunity to participate in the interviewing process.

  2. The SLTCO shall promptly notify the LE of any concerns related to the candidate’s ability to meet minimum qualifications or other certification requirements.

  3. If the SLTCO has concerns about the future certification of any candidate, the SLTCO may request a separate interview of the candidate and shall inform the LE of any concerns that the LE should consider prior to hiring the candidate(s).

203.6 Requests for substitutions or variances

Requests for substitutions or variances related to minimum requirements must be made in writing and approved prior to the hiring or promotion of the employee in question.

203.7 Certification of formerly certified OR from Georgia or from another state

When an individual has been certified as an OR previously in Georgia but is not currently certified and has not been certified within the last two years, or when an individual is certified as an OR in another state or has been certified by that state within the last two years, the SLTCO shall determine what steps are needed to qualify as a certified OR, by reviewing the circumstances on an individual basis and considering, at a minimum, the following criteria:

  1. Content and extent of OR training completed, which must meet or exceed current certification training requirements for Georgia.

  2. Need for updated and/or Georgia-specific training.

  3. Need to demonstrate competencies for the position by completing written and oral examinations.

  4. Quality of performance of individual as an OR, including checking references.

If the individual has not been certified within the last two years, the individual shall participate in the full certification process unless the SLTCO specifically determines otherwise. Such determination shall be made on a case by case basis and is not a determination eligible for reconsideration.

203.8 Notification of designation

  1. The SLTCO shall determine who would receive written notification of an individual’s designation as an OR including the individual being designated, and the ORC. The SLTCO may also send notice to the AAA in the service area.

203.9 Continuing certification

  1. Each staff OR is required to complete 60 hours of acceptable continuous education as further explained in Appendix B.

  2. Each Senior Certified Volunteer Ombudsman Representative is required to complete 20 hours of acceptable continuous education as further explained in Appendix B.

References

OAA § 712(a)(5); O.C.G.A. §§ 31-7-250, 31-7-350, 31-8-52; Office of Aging Procedural Issuance No. 73 (Sept. 13, 1991) (PI No. 73)