§349-12 Long-term care facilities. (a) For purposes of this chapter, the term "long-term care facilities" means any skilled nursing facility as defined in section 1861(j) of the Social Security Act, as amended, any intermediate care facility as defined in section 1905(c) of the Social Security Act, as amended, any nursing home as defined in section 1908(e) of the Social Security Act, as amended, and any other similar adult care facility licensed by the State serving elders.
(b) The executive office on aging shall have the responsibility to represent the interests of residents of long-term care facilities, individually and as a class, and to promote improvement in the quality of care received and the quality of life experienced by residents of long-term care facilities within the State. In meeting this responsibility, the executive office on aging shall:
(1) Perform its duties and functions either directly or by other arrangement executed by the director with any public or private nonprofit organization, except with any organization responsible for licensing or certifying long-term care facilities in the State or which is engaged in offering long-term care services or which is an association (or an affiliate of such an association) of long-term care facilities;
(2) Investigate and resolve complaints made by or on behalf of residents of long-term care facilities relating to acts which may adversely affect the health, safety, welfare, and rights of residents;
(3) Monitor the development and implementation of federal, state, and local laws, regulations, and policies affecting long-term care facilities in the State;
(4) Provide information as appropriate to public agencies regarding the problems of older persons residing in long-term care facilities;
(5) Train volunteers or employees to serve institutionalized elders and to promote the development of citizen organizations to participate in the advocacy program;
(6) Establish procedures for appropriate access by the executive office on aging to long-term care facilities;
(7) Establish procedures for appropriate access by the executive office on aging to all patient records or portions thereof necessary for the executive office on aging to evaluate the merits of a specific complaint or complaints; provided that patient records shall be divulged only with the written consent of the patient or the patient's legal representative;
(8) Establish procedures for appropriate access to files maintained by the executive office on aging, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed unless:
(A) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or
(B) Such disclosure is required by court order. [L 1979, c 206, §2(1); gen ch 1985; am L 1990, c 67, §8]