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25 <br /> (3b) Designate and refuse, suspend, or remove designation of volunteer <br /> representatives of the Office of the State Long-Term Care Ombudsman, <br /> including any community advisory committee appointees, in accordance <br /> with the State Long-Term Care Ombudsman Program Policies and <br /> Procedures. <br /> (4) Attempt to resolve complaints made by or on behalf of individuals who are <br /> residents of long-term care facilities, which complaints relate to <br /> administrative action that may adversely affect the health, safety, or welfare <br /> of residents. <br /> (5) Provide training and technical assistance to regional ombudsmen. <br /> (6) Establish procedures for appropriate access by regional ombudsmen to <br /> long-term care facilities and residents' files, records, and other information, <br /> including procedures to protect the confidentiality of these files, records, and <br /> other information and to ensure that the identity of any complainant or <br /> resident will not be disclosed except as permitted under the Older Americans <br /> Act of 1965, as amended, 42 U.S.C. § 3001 et seq. and regulations <br /> promulgated thereunder. <br /> (7) Analyze data relating to complaints and conditions in long-term care <br /> facilities to identify significant problems and recommend solutions. <br /> (8) Prepare an annual report containing data and findings regarding the types of <br /> problems experienced and complaints reported by residents as well as <br /> recommendations for resolutions of identified long-term care issues. <br /> (9) Prepare findings regarding public education and community involvement <br /> efforts and innovative programs being provided in long-term care facilities. <br /> (10) Provide information to public agencies, and through the State Ombudsman, <br /> to legislators, and others regarding problems encountered by residents or <br /> providers as well as recommendations for resolution. <br /> (11) Provide leadership for statewide systems advocacy efforts of the Office on <br /> behalf of long-term care residents, including independent determinations and <br /> positions that shall not be required to represent the position of the State <br /> agency or other agency within which the Ombudsman Program is <br /> organizationally located. Provide coordination of systems advocacy efforts <br /> with representatives of the Office as outlined in Ombudsman Policies and <br /> Procedures. <br /> (12) To the extent required to meet the requirement of the Older Americans Act <br /> and regulations promulgated thereunder regarding allotments for Vulnerable <br /> Elder Rights Protection Activities, the State Ombudsman and representatives <br /> of the Office are excluded from any State lobbying prohibitions under <br /> requirements to conduct systems advocacy on behalf of long-term care <br /> residents. <br /> (13) Determine the use of the fiscal resources as required by 42 U.S.C. § 3001 et <br /> seq. and regulations promulgated thereunder." <br /> SECTION 2. The Department of Health and Human Services shall examine P.L. <br /> 113-51, HIV Organ Policy Equity (HOPE) Act, and the Final Safeguards and Research Criteria <br /> publication by the U.S. Department of Health and Human Services and National Institutes of <br /> Health to determine public health safeguards, regulations, and statutory changes necessary for <br /> consideration by the General Assembly. The Department shall submit a report of findings and <br /> recommendations, including any necessary statutory changes, to the Joint Legislative Oversight <br /> Committee on Health and Human Services on or before January 1, 2018. <br /> House Bill 248 Session Law 2017-103 Page 7 <br />