§ 7–702.02. Long-Term Care Ombudsman — appointment; vacancy.

(a)(1) There is established within the Department of Aging and Community Living the Office of the Long-Term Care Ombudsman, which shall be headed by the ombudsman. Except as provided in subsection (b) of this section, the ombudsman shall be appointed by the Director. The ombudsman shall administer the Program in coordination with the Director or his or her designee.

(2) The ombudsman shall be appointed for a term of 2 years and shall be a resident of the District.

(b) The Director may contract with a nonprofit provider, other than the District government, to operate the program. The provider shall have experience advocating for the rights of older persons and residents. Before contracting with a nonprofit provider, the Director shall ensure that the provider does not have organizational conflicts in accordance with 45 C.F.R. § 1324.21(b)(3). The ombudsman shall be an employee of the nonprofit provider.

(c) The Director shall ensure that the following are provided to the ombudsman or his or her designee to implement the provisions of this chapter:

(1) Legal counsel for advice and consultation;

(2) Legal representation, if legal action is taken to implement the provisions of this chapter; and

(3) Clerical and administrative support staff and materials.

(d) In addition to the functions set forth in 45 C.F.R. § 1324.13, the primary responsibility of the ombudsman or his or her designee shall be the investigation and resolution of any complaint made by or on behalf of a resident.