Page:United States Statutes at Large Volume 106 Part 2.djvu/400

 106 STAT. 1280 PUBLIC LAW 102-375 —SEPT. 30, 1992 "(A) does not have a direct involvement in the hcensing or certification of a long-term care facility or of a provider of a long-term care service; "(B) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service; "(C) is not employed by, or participating in the management of, a long-term care racility; and "(D) does not receive, or have the right to receive, directly or indirectly, remimeration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; and "(4) establish, and specify in writing, mechanisms to identify and remove conflicts of interest referred to in paragraphs (1) and (2), and to identify and eliminate the relationships described in subparagraphs (A) through (D) of paragraph (3), including such mechanisms as— "(A) the methods by which the State agency will examine individuals, and immediate family members, to identify the conflicts; and "(B) the actions that the State agency will require the individuals and such family members to take to remove such conflicts. "(g) LEGAL COUNSEL. —The State agency shall ensure that— "(1)(A) adequate legal coimsel is available, and is able, without conflict of interest, to^ "(i) provide advice and consultation needed to protect the health, safety, welfare, and rights of residents; and "(ii) assist the Ombudsman and representatives of the Office in the performance of the ofncial duties of the Ombudsman and representatives; and "(B) legal representation is provided to any representative of the Office against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the ofRcial duties of the Ombudsman or such a representative; and "(2) the Office pursues administrative, legal, and other appropriate remedies on behalf of residents. "(h) ADMINISTRATION.—The State agency shall require the Office to— Reports. "(1) prepare an annual report— "(A) describing the activities carried out by the Office in the year for which the report is prepared; "(B) containing and analyzing the data collected under subsection (c); "(C) evaluating the problems experienced by, and the complaints made by or on behalf of, residents; "(D) containing recommendations for— "(i) improving quality of the care and life of the residents; and "(ii) protecting the health, safety, welfare, and rights of the residents; "(E)(i) analyzing the success of the program including success in providing services to residents of board and care facilities and other similar adult care facilities; and "(ii) identifying barriers that prevent the optimal operation of the program; and

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