{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-2213","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-2213","heading":"Office of the State Long-Term Care Ombudsman","body":"A. There is hereby created within the Office of the Attorney\n\nGeneral the Office of the State Long-Term Care Ombudsman. The\n\nOffice, under the auspices and general direction of the State Long-\n\nTerm Care Ombudsman, shall carry out a long-term care ombudsman\n\nprogram in accordance with the Older Americans Act of 1965, as\n\namended, and in accordance with federal regulations issued pursuant\n\nto the Older Americans Act or as provided by the Long-Term Care\n\nOmbudsman Act.\n\nB. The State Long-Term Care Ombudsman shall, personally or\n\nthrough representatives of the Office:\n\n1. Identify, investigate, and resolve complaints that:\n\na. are made by, or on behalf of, residents, and\n\nb. relate to action, inaction, or decisions, of:\n\n(1) providers, or representatives of providers, of\n\nlong-term care services,\n\n(2) public agencies, or\n\n(3) health and social service agencies,\n\nthat may adversely affect the health, safety, welfare, or rights of\n\nthe residents;\n\n2. Provide services to assist the residents in protecting their\n\nhealth, safety, welfare, and rights;\n\n3. Inform residents about means of obtaining services offered\n\nby providers or agencies;\n\n4. Ensure that the residents have regular and timely access to\n\nthe services provided through the Office;\n\n5. Ensure that the residents and complainant receive timely\n\nresponses from the Office and representatives of the Office\n\nregarding complaints;\n\n6. Represent the interests of residents before governmental\n\nagencies and seek administrative, legal, and other remedies to\n\nprotect the health, safety, welfare, and rights of the residents;\n\n7. Provide administrative and technical assistance to area or\n\nlocal ombudsman entities to assist the entities in participating in\n\nthe State Long-Term Care Ombudsman Program;\n\n8. a. analyze, comment on, and monitor the development and\n\nimplementation of federal, state, and local laws,\n\nrules, and other government policies and actions that\n\npertain to the health, safety, welfare, and rights of\n\nthe residents, with respect to the adequacy of long-\n\nterm care facilities and services in this state,\n\nb. recommend any changes in such laws, rules, policies,\n\nand actions as the Office determines to be\n\nappropriate, and\n\nc. facilitate public comment on the laws, rules,\n\npolicies, and actions;\n\n9. a. provide for training representatives of the Office,\n\nb. promote the development of citizen organizations, to\n\nparticipate in the State Long-Term Care Ombudsman\n\nProgram, and\n\nc. provide technical support for the development of\n\nresident and family councils to protect the well-being\n\nand rights of residents; and\n\n10. Carry out such other activities as the Attorney General\n\ndetermines to be appropriate.\n\nC. 1. In carrying out the duties of the Office, the State\n\nLong-Term Care Ombudsman may designate an entity as an area or local\n\nOmbudsman entity, and may designate an employee or volunteer to\n\nrepresent the entity.\n\n2. An individual so designated shall, in accordance with the\n\npolicies and procedures established by the Office and the Attorney\n\nGeneral, carry out such duties and activities as required by the\n\nState Long-Term Care Ombudsman pursuant to the authority granted by\n\nthe Long-Term Care Ombudsman Act and rules promulgated by the\n\nAttorney General thereto.\n\n3. Entities eligible to be designated as area or local\n\nOmbudsman entities, and individuals eligible to be designated as\n\nrepresentatives of such entities, shall:\n\na. have demonstrated capability to carry out the\n\nresponsibilities of the Office,\n\nb. be free of conflicts of interest,\n\nc. in the case of the entities, be public or nonprofit\n\nprivate entities, and\n\nd. meet such additional requirements as the Ombudsman may\n\nspecify.\n\nD. 1. In accordance with the Older Americans Act of 1965, as\n\namended, and in accordance with federal regulations issued pursuant\na. have demonstrated capability to carry out the\n\nresponsibilities of the Office,\n\nb. be free of conflicts of interest,\n\nc. in the case of the entities, be public or nonprofit\n\nprivate entities, and\n\nd. meet such additional requirements as the Ombudsman may\n\nspecify.\n\nD. 1. In accordance with the Older Americans Act of 1965, as\n\namended, and in accordance with federal regulations issued pursuant\n\nthereto, or as otherwise provided by the Long-Term Care Ombudsman\n\nAct, the State Long-Term Care Ombudsman and representatives of the\n\nOffice shall have:\n\na. access to long-term care facilities and residents,\n\nb. (1) access to review the medical and social records\n\nof a resident, if:\n\n(a) the representative of the Office has the\n\npermission of the resident, or the legal\n\nrepresentative of the resident, or\n\n(b) the resident is unable to consent to the\n\nreview and has no legal representative and\n\nthe representative of the Office obtains the\n\napproval of the State Long-Term Care\n\nOmbudsman, or\n\n(2) access to the records as is necessary to\n\ninvestigate a complaint if:\n\n(a) a legal guardian of the resident refuses to\n\ngive the permission,\n\n(b) a representative of the Office has\n\nreasonable cause to believe that the\n\nguardian is not acting in the best interests\n\nof the resident, and\n\n(c) the representative obtains the approval of\n\nthe State Long-Term Care Ombudsman,\n\nc. access to the administrative records, policies, and\n\ndocuments, to which the residents have or the general\n\npublic has access, of long-term care facilities, and\n\nd. access to copies of all licensing and certification\n\nrecords maintained by the Office of the Attorney\n\nGeneral or any other agency of this state with respect\n\nto long-term care facilities.\n\n2. For purposes of this subsection, the term “representative of\n\nthe Office” shall not include any unpaid or volunteer state, area,\n\nor local ombudsman.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"80f88c376fcb42ab410cf2430c5c59f3ac553923a0ff5db8e4dafa3084e28152","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-2212","next":"us-ok/okla.-stat.-tit.-63-63-1-2213.1"},"notice":"GroundRules: Original legal text. Not legal advice."}