SENATE BILL No. 88
AN ACT concerning the state long-term care ombudsman; requiring the state long-term
care ombudsman and any regional ombudsman to receive training in memory care;
amending K.S.A. 75-7306 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-7306 is hereby amended to read as follows:
75-7306. The state long-term care ombudsman shall be an advocate of
residents in facilities throughout the state. The state long-term care
ombudsman shall:
(a) Investigate and resolve complaints made by or on behalf of the
residents:
(1) Relating to action, inaction or decisions of providers, or
representatives of providers, of long-term care, public agencies or
health and social services agencies, except that complaints of abuse,
neglect or exploitation of a resident may be referred to the secretary for
aging and disability services in accordance with the provisions of
K.S.A. 39-1401 et seq., and amendments thereto, with the resident or
resident's representative's consent or as permitted by federal law; or
(2) regarding the welfare and rights of residents with respect to the
appointment or activities of resident representatives;
(b) develop continuing programs to inform residents, their family
members or other persons responsible for residents regarding the rights
and responsibilities of residents and such other persons;
(c) provide the legislature and the governor with an annual report
containing data, findings and outcomes regarding the types of problems
experienced and complaints received by or on behalf of residents and
containing policy, regulatory and legislative recommendations to solve
such problems, resolve such complaints and improve the quality of care
and life in facilities and shall present such report and other appropriate
information and recommendations to the senate committee on public
health and welfare, the senate committee on ways and means, the house
of representatives committee on health and human services and the
house of representatives committee on appropriations during each
regular session of the legislature;
(d) analyze and monitor the development and implementation of
federal, state and local government laws, rules and regulations,
resolutions, ordinances and policies with respect to long-term care
facilities and services provided in this state, and recommend any
changes in such laws, regulations, resolutions, ordinances and policies
deemed by the office to be appropriate;
(e) provide information to public and private agencies, the media,
legislators and others, as deemed necessary by the office, regarding the
problems and concerns of residents in facilities, including
recommendations related thereto. The state long-term care ombudsman
may give the information or recommendations to any directly affected
public and private agency or legislator or their representatives before
providing such information or recommendations to news media
representatives;
(f) prescribe and provide for the training of each regional long-
term care ombudsman, and any individual designated as an ombudsman
under subsection (h) of this section, and any individual who is an
ombudsman volunteer in:
(1) Federal, state and local laws, rules and regulations, resolutions,
ordinances and policies with respect to facilities located in Kansas;
(2) investigative techniques;
(3) the needs and rights of long-term care residents who have
Alzheimer's disease and other dementia and strategies to care for and
address the specific issues encountered by such residents. Topics shall
include, but not be limited to:
(A) Understanding the warning signs and symptoms of SENATE BILL No. 88—page 2
Alzheimer's and other dementia;
(B) knowledge of person-centered dementia care;
(C) effectively communicating with individuals living with
Alzheimer's and other dementia;
(D) recognizing behavioral symptoms, including alternatives to
physical and chemical restraints for residents;
(E) addressing specific threats to residents' safety, such as
wandering;
(F) referring residents' care partners and families to accurate and
up-to-date sources of information, support and resources regarding
Alzheimer's and other dementia; and
(G) protocols for connecting individuals living with Alzheimer's
and other dementia to local care resources and professionals who are
skilled in dementia care to encourage cross-referral and reporting
regarding incidents of abuse; and
(3) (4) such other matters as the state long-term care ombudsman
deems appropriate;
(g) coordinate ombudsman services provided by the office with
the protection and advocacy systems for individuals with
developmental disabilities and mental illness established under part A
of the federal developmental disabilities assistance and bill of rights
act, 42 U.S.C.A. § 6001 et seq., and under the federal protection and
advocacy for mentally ill individuals act of 1986, public law 99-316;
(h) authorize an individual, who is an employee of the office and
who has satisfactorily completed the training prescribed by the state
long-term care ombudsman under subsection (f), to be an ombudsman
or a volunteer ombudsman and to be a representative of the office and
such an authorized individual shall be deemed to be a representative of
the office for the purposes of and subject to the provisions of the long-
term care ombudsman act;
(i) establish and maintain a system to recruit and train individuals
to become volunteer ombudsmen;
(j) develop and implement procedures for authorizing and for
withdrawing the authorization of individuals to be ombudsmen or
volunteer ombudsmen to represent the office in providing ombudsmen
services;
(k) provide services to residents of facilities throughout the state,
directly or through service providers, to meet needs for ombudsmen
services;
(l) collaborate with the Kansas department for aging and disability
services to review and maintain the statewide system that collects and
analyzes information on complaints and conditions in facilities; and
(m) perform such other duties and functions as may be provided
by law.
Sec. 2. K.S.A. 75-7306 is hereby repealed. SENATE BILL No. 88—page 3
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.