State long-term care ombudsman; job qualifications; operation; duties; immunity from liability; rebuttable presumption.

(1) Job qualifications for the state long-term care ombudsman established pursuant to section 6(2)(aa) shall include, but not be limited to, experience in all of the following: (i) The field of aging. (ii) Health care. (iii) Working with community programs. (iv) Long-term care issues, both regulatory and policy. (2) The state long-term care ombudsman may operate either directly or by contract with any public agency or other appropriate private nonprofit organization other than an agency or organization which is responsible for licensing or certifying long-term care facilities or which is an association of long-term care facilities. (3) The state long-term care ombudsman shall do all of the following: (a) Establish and implement confidential complaint, investigatory, informational, educational, and referral procedures and programs. (b) Establish a statewide uniform reporting system to collect and analyze complaints about the health, safety, welfare, and rights of residents of long-term care facilities for the purpose of publicizing improvements and significant problems. (c) Assist in the development of and monitor the implementation of state and federal laws, rules, and regulations concerning the delivery of services to older persons. (d) Annually report to the governor and legislature on the long-term care ombudsman program and make recommendations for improving the health, safety, welfare, and rights of residents of long-term care facilities. (e) Recommend changes in state and federal law, rules, regulations, policies, guidelines, practices, and procedures to improve the health, safety, welfare, and rights of residents of long-term care facilities. (f) Cooperate with persons and public or private agencies and undertake or participate in conferences, inquiries, meetings, or studies which may lead to improvements in the health, safety, welfare, and rights of residents and the functioning of long-term care facilities. (g) Widely publicize the long-term care ombudsman program. (h) Provide training for local and regional long-term care ombudsmen, which shall include, but not be limited to, familiarity with all of the following: (i) Relevant state and federal regulatory and enforcement agencies. (ii) The common characteristics, conditions, and treatments of long-term care residents. (iii) Long-term care facility operations. (iv) Long-term care facility licensing and certification requirements. (v) Titles XVIII and XIX of the social security act, 42 U.S.C. 1395 to 1396s. (vi) Interviewing, investigating, mediation, and negotiation skills. (vii) Management of volunteer programs. (i) Recommend that the attorney general institute actions for injunctive relief or civil damages relative to complaints. (4) If acting in good faith and within the authority granted by this act, the state long-term care ombudsman is immune from any civil or criminal liability that otherwise might result by reason of taking, investigating, or pursuing a complaint under this section. For purposes of any civil or criminal proceeding, there is a rebuttable presumption that when acting under the authority of this act, the state long-term care ombudsman does so in good faith.