(A) The ombudsman section shall, in the first instance, attempt to resolve the complaint or address the deficiency at the lowest appropriate administrative level. At all levels, the ombudsman section shall attempt to resolve the complaint by means of informal techniques of mediation, conciliation and persuasion.
(B)
The ombudsman section shall, within thirty days of receiving the complaint, notify the parties to the complaint of the status of the investigation and, as soon as possible after the investigation has been completed, of its opinions and recommendations with respect to the complaint, and actions taken, if any.
(C) If the complaint cannot be resolved by the use of these informal techniques, or if the act, practice, policy or procedure that is the subject of the complaint adversely affects the health, safety, welfare, or civil or human rights of a person, the ombudsman section may recommend to the appropriate agency or authority or the administrator of the legal rights service that appropriate actions be taken.
(D) Nothing in this rule shall prohibit the legal rights service from taking appropriate action when the administrator determines it is necessary.
(E) When the complaint has been resolved or the deficiency addressed, the ombudsman section shall prepare a report which summarizes the complaint or deficiency, the ombudsman section’s opinions or recommendations, and the eventual resolution or correction. A copy of this report shall be sent to the parties involved.
(F) The report shall not contain information that is confidential under state or federal law.
(G) The ombudsman section may request any party, provider, or any other affected by its opinions or recommendations to notify the ombudsman section, within a time period specified by the ombudsman section, of any action the party has taken on the section’s recommendations, and may take any action deemed necessary by the administrator of the legal rights service if the party fails to respond.
(H) Whenever information is disclosed to the ombudsman section which indicates probable cause that the commission of a crime or a violation of standards of professional conduct has occurred, the legal rights service shall, within seven days of receiving the information, refer the matter to the attorney general, county prosecutor, other law enforcement official, or regulatory board, as appropriate, to investigate the crime or violation. The ombudsman section may disclose any information permitted by law that is necessary to resolve the matter referred.
(I) The ombudsman section shall monitor and maintain records on every matter it refers under paragraph (H) of this rule.
Eff 3-23-87 (Emer.); 6-26-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604
Replaces in part former 5124-4-07, 5124-4-09, and 5124-4-11
119.032 REVIEW DATE: May 10, 2003