HOUSE BILL NO. 276

INTRODUCED BY B. BARNHART

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE LONG-TERM CARE OMBUDSMAN TO DESIGNATE ONE FULL-TIME EQUIVALENT LOCAL OMBUDSMAN IN EACH CITY FOR EVERY 250 LONG-TERM CARE FACILITY BEDS IN THAT CITY; APPROPRIATING MONEY TO THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES; AMENDING SECTION 52-3-603, MCA; AND PROVIDING EFFECTIVE DATES."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 52-3-603, MCA, is amended to read:

"52-3-603. Office of legal and long-term care ombudsman services -- appointment of local ombudsman. (1) Contingent on receipt of federal funds for the purpose, there is an office of legal and long-term care ombudsman services in the department of public health and human services. As required by the Older Americans Act of 1965, as amended (42 U.S.C. 3001, et seq.), and the regulations adopted pursuant to that act, the office:

(a) serves as an advocate for Montana citizens residing in long-term care facilities, regardless of their age or source of payment for care, to ensure that their rights are protected, that they receive quality care, and that they reside in a safe environment; and

(b) coordinates legal services for the elderly.

(2) In addition to any local ombudsman appointed because of availability of federal funding, the long-term care ombudsman shall designate in each city one full-time equivalent local ombudsman for every 250 long-term care facility beds in the city."

NEW SECTION. Section 2. Appropriation. There is appropriated from the general fund to the department of public health and human services $193,200 for the fiscal year beginning July 1, 1999, and $386,400 for the fiscal year beginning July 1, 2000, to implement [this act].

NEW SECTION. Section 3. Effective dates. (1) [Section 2 and this section] are effective July 1, 1999.

(2) [Section 1] is effective October 1, 1999.

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