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Ch.3
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Martin O'Malley, Governor
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(2) MINIMUM TRAINING REQUIREMENTS FOR ALL PROGRAM STAFF AND
VOLUNTEERS;
(3) COOPERATION WITH THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE AND THE DEPARTMENT OF HUMAN RESOURCES;
(4) ANNUAL REVIEW BY THE DEPARTMENT OF ALL OMBUDSMAN
ACTIVITIES;
(5) COMPLAINT REVIEW, INVESTIGATION, AND RESOLUTION
PROCEDURES, INCLUDING PROVISIONS TO ENSURE THE CONFIDENTIALITY OF
COMPLAINTS AND THE RIGHT OF PRIVACY OF A COMPLAINANT OR RESIDENT OF A
RELATED INSTITUTION;
(6) MAINTENANCE OF RECORDKEEPING OR INFORMATION SYSTEMS BY
THE LOCAL OMBUDSMAN THAT ENSURE THE CONFIDENTIALITY OF RECORDS AND
THE RIGHT OF PRIVACY OF A COMPLAINANT OR RESIDENT OF A RELATED
INSTITUTION;
(7) ACCESS, REVIEW, AND COPYING OF MEDICAL RECORDS TO THE
EXTENT AUTHORIZED BY § 4-305(B)(3) OF THE HEALTH - GENERAL ARTICLE WHEN
THE LOCAL OMBUDSMAN IS THE PERSON IN INTEREST OR AS OTHERWISE PROVIDED
BY LAW; AND
(8) A PROCESS FOR ASSISTING INDIVIDUALS WITH ORGANIZING AND
OPERATING A FAMILY COUNCIL IN A NURSING HOME.
(E) STAFFING RATIOS.
THE SECRETARY SHALL ESTABLISH AND SUBMIT A BUDGET FOR MINIMUM
STAFFING RATIOS FOR THE PROGRAM AT THE HIGHEST OF:
(1) ONE FULL-TIME OMBUDSMAN PER 1,000 LONG-TERM CARE BEDS;
(2) 20 HOURS OF OMBUDSMAN TIME PER WEEK PER AREA AGENCY; OR
(3) 10 HOURS OF OMBUDSMAN TIME PER WEEK PER NURSING HOME.
(F) LIABILITY.
A REPRESENTATIVE OF THE PROGRAM MAY NOT BE HELD LIABLE FOR THE
GOOD FAITH PERFORMANCE OF AN OFFICIAL DUTY.
(G) PROHIBITED ACTS.
(1) A PERSON MAY NOT WILLFULLY INTERFERE WITH A
REPRESENTATIVE OF THE PROGRAM IN THE PERFORMANCE OF AN OFFICIAL DUTY.
(2) A PERSON MAY NOT RETALIATE OR MAKE REPRISALS WITH RESPECT
TO ANY PERSON WHO FILED A COMPLAINT WITH, OR PROVIDED INFORMATION TO, A
REPRESENTATIVE OF THE PROGRAM.
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- 407 -
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