§ 231.44

231.44 Utilization of resources — assistance and advocacy related to long-term services and supports under the Medicaid program. 45 C.F.R. §164.501 . Recipient information available to the office of long-term care ombudsman and representatives of the office under this subsection shall be limited to the recipient’s protected health information as defined in 45 C.F.R. §160.103 for the purpose of recipient case resolution. When providing assistance and advocacy services under this section, the office of long-term care ombudsman shall act as an independent agency, and the office of long-term care ombudsman and representatives of the office shall be free of any undue influence that restrains the ability of the office or the office’s representatives from providing such services and assistance. The office of long-term care ombudsman shall adopt rules applicable to long-term care ombudsmen providing assistance and advocacy services under this section to authorize such ombudsmen to function in a manner consistent with long-term care ombudsmen under the federal Act. 5. For the purposes of this section: a.

ce and advocacy services under this section to authorize such ombudsmen to function in a manner consistent with long-term care ombudsmen under the federal Act. 5. For the purposes of this section: a. 'Institutional setting' includes a long-term care facility, an elder group home, or an assisted living program. b. 'Long-term services and supports' means the broad range of health, health-related, and personal care assistance services and supports, provided in both institutional settings and home and community-based settings, necessary for older individuals and persons with disabilities who experience limitations in their capacity for self-care due to a physical, cognitive, or mental disability or condition. 2015 Acts, ch 137, §65, 162, 163; 2016 Acts, ch 1139, §98