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

      Sec. 17b-400. (Formerly Sec. 17a-405). 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 Division of Elderly Services of the Department of Social Services.

      (2) "Office" means the Office of the Long-Term Care Ombudsman established in this section.

      (3) "State Ombudsman" means the State Ombudsman established in this section.

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

      (5) "Representative" 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 ombudsman.

      (6) "Resident" means an older individual who resides in or is a patient in a long-term care facility who is sixty years of age or older.

      (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 Social Services.

      (9) "Director" means the director of the Division of Elderly Services of the Department of Social Services.

      (10) "Applicant" means an older individual who has applied for admission to a long-term care facility.

      (b) There is established an independent Office of the Long-Term Care Ombudsman within the Department of Social Services. The Commissioner of Social 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 assistant regional ombudsmen. In the event the State Ombudsman or an assistant 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 assistant 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.

      (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.)

      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.

      See title 2c re termination under "Sunset Law".

      See Sec. 17b-450 et seq. re protection of the elderly.