SB328 Alabama 2017 Session

Summary

Primary Sponsor

Rusty Glover

Republican

Session

Regular Session 2017

Title

Long Term Care Ombudsman Program, office of, update provisions relating to, Secs. 22-5A-1 to 22-5A-7, inclusive, am'd.

Summary

SB328 updates Alabama's Long Term Care Ombudsman program to reflect new federal regulations and removes outdated terms.

What This Bill Does

The bill reorganizes the program as the Office of the State Long Term Care Ombudsman within the Department of Senior Services and updates key definitions. It creates a dedicated ombudsman office, assigns a director, and requires training and certification for community ombudsmen. It expands the program's authority to investigate complaints, provide annual federal reporting, ensure record access with privacy safeguards, and establish procedures for handling complaints and referrals, while updating compliance with federal regulations and removing obsolete terms.

Who It Affects

• Recipients of long-term residential health care and their representatives, who gain strengthened advocacy, access to complaints, and privacy protections.
• Area agencies on aging and other designated entities, which must appoint, certify, and train community ombudsmen and incorporate program operations into area plans.
• Health care facilities and providers, which may be investigated by ombudsmen and referenced for remedial actions or referrals when addressing complaints.
• The Department of Senior Services and the State Long Term Care Ombudsman Office, which oversee the program, manage training, monitor compliance, and report to federal authorities.

Key Provisions

• Establishes the act as the Long-term Residential Health Care Recipient Ombudsman Act and places the Office within the Department of Senior Services as a separately identifiable entity.
• Defines roles and terms including administrator, community ombudsman, recipient, and ombudsman office to clarify who does what.
• Authorizes the State Ombudsman to oversee investigations, authorize disclosures of files, and require annual reports to the Department and the U.S. Department of Health and Human Services Administration for Community Living; requires analysis of laws and recommendations for changes.
• Requires area agencies on aging to appoint at least one community ombudsman per planning area, ensure certification, and train representatives on complaint handling and related subjects.
• Sets procedures for receiving, investigating, and resolving complaints, including required reporting, data collection, and monthly updates to the State Ombudsman.
• Creates access rules to facilities and records with privacy protections, outlines remedial actions, and establishes referral options to other agencies as needed.
• Provides immunities for good-faith participation in the ombudsman process, with certain exceptions for improper disclosures.
• Takes effect immediately upon governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Nursing Homes