301 The State Agency

Policy

The Georgia Department of Human Services has established and operates an Office of the State Long-Term Care Ombudsman and carries out through that Office the statewide Long-Term Care Ombudsman Program. The Office is independent in its representation of the interests of long-term care facility residents, without representing the positions or policies of the State agency, the Georgia Department of Human Services, or any other government entity.

Procedures

301.1 The State Agency responsibilities

The Georgia Department of Human Services (the State agency), pursuant to the Older Americans Act and state law, shall:

  1. Provide for a full-time State Long-Term Care Ombudsman (SLTCO).

  2. Provide supervision of the SLTCO without interfering with its work to promote the interests of long-term care facility residents.

  3. Provide funding for a statewide Long-Term Care Ombudsman Program (LTCOP) in accordance with the Older Americans Act (OAA) and through application of a statewide allocation formula approved by the SLTCO, within appropriations specifically designated for the OSLTCO.

  4. Provide the SLTCO with administrative support for personnel, fiscal, contractual, data, and budgetary management, including administration of (contracts with designated provider agencies.

  5. Provide the SLTCO with authority to manage funds designated for the LTCOP, consistent with DHS policies.

  6. Provide for legal representation for the Office of the SLTCO and Long-Term Care Ombudsman Representatives against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the SLTCO or Ombudsman Representatives.

  7. Provide technical assistance for and monitor performance of provider agencies related to the operation of local Ombudsman entities.

  8. Refrain from interference with the LTCOP’s mandate to advocate for and represent the interests of long-term care facility residents.

  9. Support, participate in, and coordinate with the Long-Term Care Ombudsman Advisory Council as requested by the Council and as appropriate.

References

OAA §§ 304(d)(l); 306(a)(9); 307(a)(9); 703(a)(2)(C)(i); 705(a)(4); 712(a)(l), (4)