| (a) A host agency must not:
(1) willfully interfere with the State Ombudsman or
a representative of the Office performing any of the functions of
the Ombudsman Program, which includes:
(A) prohibiting a representative of the Office from:
(i) commenting or recommending changes, as described
in §88.302(a)(1)(F) of this chapter (relating to Requirement
to Ensure a Representative of the Office Performs Functions of the
Ombudsman Program);
(ii) submitting comments to the Office regarding proposed
legislation; or
(iii) responding to a question from a legislator or
the media regarding a problem that pertains to an LTC facility or
service, or to the health, safety, welfare, and rights of residents;
and
(B) requiring a representative of the Office to obtain
approval from the host agency before submitting testimony at a legislative
hearing;
(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; 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.
(b) A host agency must ensure that a governmental entity
or nonprofit organization contracting with a host agency, as described
in §88.2(16)(B) of this chapter (relating to Definitions), complies
with subsection (a) of this section as if the entity or organization
is a host agency.
(c) A host agency may require a representative of the
Office to notify the host agency of:
(1) comments or recommendations made in accordance
with §88.302(a)(1)(F) of this chapter; and
(2) subject to disclosure requirements in §88.304
of this chapter (relating to Disclosure of Confidential Information;
Exclusion from Reporting Requirements Regarding Abuse, Neglect, or
Exploitation; and Provision of Records to the Office):
(A) information being sent to a legislator or the media
regarding a problem or concern about a resident or a recommendation
related to the problem or concern, as described in §88.302 (a)(2)(A)(ii)
of this chapter; and
(B) a response to a request for information from a
legislator or the media, as described in §88.302(a)(2)(C) of
this chapter.
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