A.R.S. § 46-452.02: Long-Term Care Ombudsman

46-452.02. State long-term care ombudsman; duties; immunity from liability

A. A representative of the office of the state long-term care ombudsman who performs the official duties of the long-term care ombudsman is not liable under state law for the good faith performance of official duties.

B. Official duties of the office of the state long-term care ombudsman include authority to:

1. Enter long-term care facilities to communicate with residents.

2. Hear, investigate and attempt to resolve complaints by agreement, mediation or conciliation.

3. Render advice to residents of facilities.

4. Refer cases involving abuse, neglect, exploitation or health and safety to adult protective services or the appropriate licensing agency.

5. Make appropriate referrals to legal services or other community services.

6. Assume such other responsibilities as required pursuant to the older Americans act of 1965, as amended (P.L. 100-175; 42 United States Code section 3027(a)(12)).

C. Subject to available monies, the office of the state long-term care ombudsman shall visit each long-term care facility in this state without prior notice at least two times each calendar year to speak with residents of the long-term care facility, or the resident's representative if the resident is nonverbal, without the presence of the facility's staff. The requirements of this subsection are in addition to any follow-up in response to a complaint.

D. Official duties of the office of the state long-term care ombudsman do not include activities performed by a licensed health care provider as defined in section 12-561.