A local ombudsman entity must not:
(1) willfully interfere with the State Ombudsman or
a representative of the Office performing any of the functions of
the Ombudsman Program;
(2) retaliate against the State Ombudsman or a representative
of the Office:
(A) with respect to a resident, employee of an LTC
facility, or other person filing a complaint with, providing information
to, or otherwise cooperating with a representative of the Office;
or
(B) for performance of the functions, responsibilities,
or duties described in 45 CFR §1324.13 and §1324.19 and
this chapter, including prohibiting a representative of the Office
from commenting or recommending changes as described in §88.302(a)(1)(F)
of this subchapter (relating to Requirement to Ensure a Representative
of the Office Performs Functions of the Ombudsman Program); or
(3) have personnel policies or practices that prohibit
a representative of the Office from performing the functions of the
Ombudsman Program or from adhering to the requirements of the Older
Americans Act, §712.
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