[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.11]



[Page 209]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of 

Contents

 

                 Subpart B_State Agency Responsibilities

 

Sec. 1321.11  State agency policies.



    (a) The State agency on aging shall develop policies governing all 

aspects of programs operated under this part, including the ombudsman 

program whether operated directly by the State agency or under contract. 

These policies shall be developed in consultation with other appropriate 

parties in the State. The State agency is responsible for enforcement of 

these policies.

    (b) The policies developed by the State agency shall address the 

manner in which the State agency will monitor the performance of all 

programs and activities initiated under this part for quality and 

effectiveness. In monitoring the ombudsman program, access to files, 

minus the identity of any complainant or resident of a long-term care 

facility, shall be available only to the director of the State agency on 

aging and one other senior manager of the State agency designated by the 

State director for this purpose. In the conduct of the monitoring of the 

ombudsman program, the confidentiality protections concerning any 

complainant or resident of a long term care facility as prescribed in 

section 307(a)(12) of the Act shall be strictly adhered to.