1 So in original. Probably should be followed by a comma.
and rights of residents;
2 See References in Text note below.
(
Editorial Notes
References in Text

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (span)(3), is section 264(c) of Puspan. L. 104–191, which is set out as a note under section 1320d–2 of this title.

The Social Security Act, referred to in subsec. (f)(2)(A)(vii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (h)(7)(A), is Puspan. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (h)(7)(B), was Puspan. L. 99–319, May 23, 1986, 100 Stat. 478. Puspan. L. 99–319 was renamed the Protection and Advocacy for Individuals with Mental Illness Act by Puspan. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified generally to chapter 114 (§ 10801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10801 of this title and Tables.

Amendments

2020—Subsec. (a)(5)(E). Puspan. L. 116–131 added subpar. (E).

2016—Subsec. (a)(2). Puspan. L. 114–144, § 8(c)(1)(A), inserted at end “The Ombudsman shall be responsible for the management, including the fiscal management, of the Office.”

Subsec. (a)(3)(A)(i). Puspan. L. 114–144, § 8(c)(1)(B)(i), added cl. (i) and struck out former cl. (i) which read as follows: “are made by, or on behalf of, residents; and”.

Subsec. (a)(3)(D). Puspan. L. 114–144, § 8(c)(1)(B)(ii), substituted “regular, timely, private, and unimpeded” for “regular and timely”.

Subsec. (a)(3)(H)(iii). Puspan. L. 114–144, § 8(c)(1)(B)(iii), inserted “, actively encourage, and assist in” after “provide technical support for” and struck out “and” after semicolon at end.

Subsec. (a)(3)(I), (J). Puspan. L. 114–144, § 8(c)(1)(B)(iv), (v), added subpar. (I) and redesignated former subpar. (I) as (J).

Subsec. (a)(5)(B)(vi). Puspan. L. 114–144, § 8(c)(1)(C)(i), inserted “, actively encourage, and assist in” after “support” and struck out “and” after semicolon at end.

Subsec. (a)(5)(B)(vii), (viii). Puspan. L. 114–144, § 8(c)(1)(C)(ii), (iii), added cl. (vii) and redesignated former cl. (vii) as (viii).

Subsec. (span)(1)(A). Puspan. L. 114–144, § 8(c)(2)(A)(i), substituted “private and unimpeded access” for “access”.

Subsec. (span)(1)(B)(i). Puspan. L. 114–144, § 8(c)(2)(A)(ii)(I)(aa), substituted “all files, records, and other information concerning” for “the medical and social records of” in introductory provisions.

Subsec. (span)(1)(B)(i)(II). Puspan. L. 114–144, § 8(c)(2)(A)(ii)(I)(bspan), substituted “to communicate consent” for “to consent”.

Subsec. (span)(1)(B)(ii). Puspan. L. 114–144, § 8(c)(2)(A)(ii)(II), substituted “the files, records, and information” for “the records” in introductory provisions.

Subsec. (span)(3). Puspan. L. 114–144, § 8(c)(2)(B), added par. (3).

Subsec. (c)(2)(D). Puspan. L. 114–144, § 8(c)(3), substituted “3012(a)(18)” for “3012(a)(21)”.

Subsec. (d)(1). Puspan. L. 114–144, § 8(c)(4)(A), substituted “files, records, and other information” for “files”.

Subsec. (d)(2)(A). Puspan. L. 114–144, § 8(c)(4)(B)(i), substituted “files, records, and other information” for “files and records” in two places and struck out “and” after semicolon at end.

Subsec. (d)(2)(B). Puspan. L. 114–144, § 8(c)(4)(B)(ii)(I), substituted “files, records, or other information” for “files or records” in introductory provisions.

Subsec. (d)(2)(C). Puspan. L. 114–144, § 8(c)(4)(B)(ii)(II), (iii), added subpar. (C).

Subsec. (f). Puspan. L. 114–144, § 8(c)(5), added subsec. (f) and struck out former subsec. (f) which related to conflict of interest.

Subsec. (h)(3)(A)(i). Puspan. L. 114–144, § 8(c)(6)(A), struck out “older” before “individuals”.

Subsec. (h)(4). Puspan. L. 114–144, § 8(c)(6)(D), added par. (4). Former par. (4) redesignated (5).

Puspan. L. 114–144, § 8(c)(6)(B), substituted “(4) strengthen and update” for text that had been amended by Puspan. L. 106–501, § 704(2)(A), which was executed to read “(4) strengthen and update”. See 2000 Amendment note below.

Subsec. (h)(5), (6). Puspan. L. 114–144, § 8(c)(6)(C), redesignated pars. (4) and (5) as (5) and (6), respectively. Former par. (6) redesignated (7).

Subsec. (h)(6)(A). Puspan. L. 114–144, § 8(c)(6)(E), substituted “paragraph (5)” for “paragraph (4)”.

Subsec. (h)(7). Puspan. L. 114–144, § 8(c)(6)(C), redesignated par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (h)(7)(A). Puspan. L. 114–144, § 8(c)(6)(F), substituted “subtitle C of title I of the” for “subtitle C of the”.

Subsec. (h)(8), (9). Puspan. L. 114–144, § 8(c)(6)(C), redesignated pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10).

Subsec. (h)(10). Puspan. L. 114–144, § 8(c)(6)(G), substituted “(7), or (8)” for “(6), or (7)”.

Puspan. L. 114–144, § 8(c)(6)(C), redesignated par. (9) as (10).

2000—Subsec. (a)(1). Puspan. L. 106–501, § 801(e)(2), substituted “section 3058a of this title and made available to carry out this subpart” for “section 3058a(a) of this title” in introductory provisions.

Subsec. (a)(5)(C)(ii). Puspan. L. 106–501, § 704(1), inserted “and not stand to gain financially through an action or potential action brought on behalf of individuals the Ombudsman serves” after “interest”.

Subsec. (h)(4). Puspan. L. 106–501, § 704(2)(A), substituted “strengthen and update” for “(A) not later than 1 year after September 30, 1992, establish” in introductory provisions, redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively, redesignated subcls. (I) to (III) of former subpar. (A)(ii) as cls. (i) to (iii), respectively, of subpar. (B), redesignated cl. (iii) of former subpar. (A) as subpar. (C) and struck out “and” at end, and struck out former subpar. (B) which read as follows: “require implementation of the procedures not later than 21 months after September 30, 1992;”. Amendment was executed to reflect the probable intent of Congress notwithstanding error in directory language misquoting original text to be struck out, which had been translated as reference to September 30, 1992.

Subsec. (h)(6)(A). Puspan. L. 106–402 substituted “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.)”.

Subsec. (h)(8), (9). Puspan. L. 106–501, § 704(2)(B)–(D), added par. (8) and redesignated former par. (8) as (9).

1993—Subsecs. (a)(3)(I), (c)(2)(C), (h)(3)(B). Puspan. L. 103–171, § 3(a)(9)(B), substituted “Assistant Secretary” for “Commissioner”.

Subsec. (h)(4)(A). Puspan. L. 103–171, § 3(a)(9)(A), substituted “Director of the Office of Long-Term Care Ombudsman Programs” for “Associate Commissioner for Ombudsman Programs”.

Subsec. (j)(1). Puspan. L. 103–171, § 3(a)(9)(B), substituted “Assistant Secretary” for “Commissioner”.

Statutory Notes and Related Subsidiaries
Effective Date

Section inapplicable with respect to fiscal year 1993, see section 4(span) of Puspan. L. 103–171, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

Section inapplicable with respect to fiscal year 1992, see section 905(span)(6) of Puspan. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.