SECTIONS 9710-9719.5 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 9710-9719.5

9710. There is within the department an Office of the State
Long-Term Care Ombudsman.

9710.5. (a) The Legislature finds and declares as follows:
(1) The position of State Ombudsman is extremely important to the
successful coordination of ombudsman services at the local level.
(2) The position of State Ombudsman requires both an extensive
background in social or health services programs, and an ability to
manage and motivate individuals and groups.
(3) Remuneration for the position of State Ombudsman should be
commensurate with the demands of the position.
(b) The Legislature, therefore, encourages the Director of the
California Department of Aging, to do all of the following:
(1) Provide widespread notification of the availability of the
position of State Long-Term Care Ombudsman in order to reach the
greatest number of qualified candidates and hire the most capable
individual for the position.
(2) Within 10 days of the occurrence of a vacancy, publicly
announce the vacancy and solicit candidates for the position.
(3) Within 30 days of the occurrence of a vacancy, convene a
meeting with the advisory council established by Section 9740, for
the purpose of obtaining the advice, consultation, and
recommendations of the council regarding the selection of a
candidate.

9711. (a) The office shall be under the direction of a chief
executive officer who shall be known as the State Long-Term Care
Ombudsman. The State Ombudsman shall be appointed by the director and
shall report directly to the director. He or she shall devote his or
her entire time to the duties of his or her position, and shall
receive the salary otherwise provided by law.
(b) Any vacancy occurring in the position of State Ombudsman shall
be filled in the same manner as the original appointment. Whenever
the State Ombudsman dies, resigns, becomes ineligible to serve for
any reason, or is removed from office, the director shall appoint an
acting State Ombudsman within 30 days, who shall serve until the
appointment and qualification of the State Ombudsman's successor, but
in no event longer than four months from the occurrence of the
vacancy. The acting State Ombudsman shall exercise during this period
all the powers and duties of the State Ombudsman pursuant to this
chapter.

9712. (a) (1) The State Ombudsman shall possess at least a bachelor'
s degree, and have a minimum of five years' professional experience
that shall include at least three of the following four areas:
(A) Gerontology, long-term care, or other relevant social services
or health services programs.
(B) The legal system and the legislative process.
(C) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation.
(D) Organizational management and program administration.
(2) The professional experience described in paragraph (1)
requires any reasonable combination of the fields described in
subparagraphs (A) to (D), inclusive, of that paragraph for a total of
five years, and does not require five years' experience in each
area. At the discretion of the director, a master's or doctorate
degree relevant to a field described in paragraph (1) may be
substituted for one or two years, respectively, of professional
experience. However, the applicant's professional experience and
field of study leading to the master's or doctorate degree shall,
nevertheless, include all of the fields described in paragraph (1).
(b) The State Ombudsman may not have been employed by any
long-term care facility within the three-year period immediately
preceding his or her appointment.
(c) Neither the State Ombudsman nor any member of his or her
immediate family may have, or have had within the past three years,
any pecuniary interest in long-term health care facilities.

9713. (a) Upon request of the office, the Attorney General shall
represent the office or the department and the state in litigation
concerning affairs of the office, unless the Attorney General
represents another state agency, in which case the agency or the
office shall be authorized to employ other counsel.
(b) The State Ombudsman may employ technical experts and other
employees that, in his or her judgment, are necessary for the conduct
of the business of the office.

9714. The office may solicit and receive funds, gifts, and
contributions to support the operations and programs of the office.
The office may form a foundation eligible to receive tax-deductible
contributions to support the operations and programs of the office.
The office shall not solicit or receive any funds, gifts, or
contributions where the solicitation or receipt would jeopardize the
independence and objectivity of the office.

9714.5. (a) The foundation formed pursuant to Section 9714 shall be
under the direction and management of a five-member board of
directors. One member shall be appointed by the Speaker of the
Assembly, one member shall be appointed by the Senate Committee on
Rules, and three members shall be appointed by the Governor. The
members of the board shall each be experienced in the management,
promotion, and funding of nonprofit charitable organizations.
(b) The board shall select from among its members a chair, a vice
chair, and any other officers as it deems necessary.
(c) The members of the board shall serve without compensation, but
shall be reimbursed for all necessary expenses actually incurred in
the performance of their duties as directors.
(d) Three members of the board shall constitute a quorum for the
purpose of conducting the board's business.
(e) By July 1 of each year, the board shall determine the amount
of funds to be appropriated from the foundation to the office for the
support of its operations and programs. Foundation funds may only be
appropriated for the support of the operations and programs of the
office.

9715. (a) No representative of the office shall be held liable for
good faith performance of responsibilities under this chapter.
(b) No discriminatory, disciplinary, or retaliatory action shall
be taken against any employee of a facility or agency, any patient,
resident, or client of a long-term care facility, or any volunteer,
for any communication made, or information given or disclosed, to aid
the office in carrying out its duties and responsibilities, unless
the same was done maliciously or without good faith. This subdivision
is not intended to infringe on the rights of the employer to
supervise, discipline, or terminate an employee for other reasons.
(c) All communications by a representative of the office, if
reasonably related to the requirements of that individual's
responsibilities under this chapter and done in good faith, shall be
privileged, and that privilege shall serve as a defense to any action
in libel or slander.
(d) Any representative of the office shall be exempt from being
required to testify in court as to any confidential matters, except
as the court may deem necessary to enforce the provisions of this
chapter.

9716. The department shall be responsible for activities that
promote the development, coordination, and utilization of resources
to meet the long-term care needs of older individuals, consistent
with its mission. These responsibilities shall include establishing a
statewide uniform reporting system to collect and analyze data
relative to complaints and conditions in long-term care facilities
for the purpose of identifying and resolving significant problems.
The department shall submit the data to the state agency responsible
for licensing or certifying long-term care facilities and to the
federal agency on aging.

9717. (a) All advocacy programs and any programs similar in nature
to the Long-Term Care Ombudsman Program that receive funding or
official designation from the state shall cooperate with the office,
where appropriate. These programs include, but are not limited to,
the Patients' Rights Advocacy Program within the State Department of
Mental Health, Protection and Advocacy, Inc., and Department of
Rehabilitation Client Assistance Program.
(b) The office shall maintain a close working relationship with
the Legal Services Development Program for the Elderly within the
department.
(c) In order to ensure the provision of counsel for patients,
residents, and clients of long-term care facilities, the department
shall seek to establish effective coordination between the office and
programs that provide legal services for the elderly, including, but
not limited to, programs that are funded by the federal Legal
Services Corporation or under the federal Older Americans Act, as
amended.

9718. Every long-term care facility, as defined in subdivision (b)
of Section 9701, shall post in a conspicuous location a notice of the
name, address, and phone number of the office and the nearest
approved organization, and a brief description of the services
provided by the office and the approved organization. The form of the
notice shall be approved by the office.

9719. (a) (1) The office shall sponsor a meeting of representatives
of approved organizations at least twice each year. The office shall
provide training to these representatives as appropriate. Prior to
the certification of an ombudsman by the office, individuals shall
meet both of the following requirements:
(A) Have a criminal offender record clearance conducted by the
State Department of Social Services. A clearance pursuant to Section
1569.17 of the Health and Safety Code shall constitute clearances for
the purpose of entry to any long-term care facility.
(B) Have received a minimum of 36 hours of classroom training
approved by the office.
(2) Upon receipt of an applicant's criminal record clearance and
acceptance by the office, the California Department of Aging shall
issue a card identifying the bearer as a certified ombudsman. Each
ombudsman shall receive a minimum of 12 hours of additional training
annually.
(b) (1) Beginning July 1, 2007, the California Department of Aging
shall contract with the State Department of Social Services to
conduct a criminal offender record information search, pursuant to
Section 1569.17 of the Health and Safety Code, for each applicant
seeking certification as an ombudsman. The State Department of Social
Services shall notify the individual and the office of the
individual's clearance or denial.
(2) Within a reasonable time after July 1, 2007, the office shall
seek the clearance of each ombudsman already certified or designated
as of July 1, 2007.
(3) An applicant for certification as an ombudsman and any
currently certified or designated ombudsman shall not be responsible
for any costs associated with transmitting the fingerprint images and
related information or conducting criminal record clearances.
(c) Nothing in this section shall be construed to prohibit the
Department of Justice from assessing a fee pursuant to Section 11105
of the Penal Code to cover the cost of searching for or furnishing
summary criminal offender record information.

9719.5. (a) (1) The department shall allocate all federal and state
funds for local ombudsman programs according to the following
distribution, but shall not allocate less than thirty-five thousand
dollars ($35,000) per fiscal year, except for an area where there are
less than 10 facilities and less than 500 beds.
(2) An allocation to an area where there are less than 10
facilities and less than 500 beds shall not be less than the base
allocation contained in the Budget Act of 1986.
(3) After the base allocation, remaining funds shall be
distributed in accordance with subdivision (b).
(b) (1) Fifty percent of the funds shall be allocated to each
local program based on the number of facilities served by the program
in proportion to the total number of facilities in the state.
(2) Forty percent of the funds shall be allocated based on the
number of beds within the local program's area of service in
proportion to the total number of beds in the state.
(3) Ten percent of the funds shall be allocated based on the total
square miles within each local program's area of service in
proportion to the total number of square miles in the state.