§ 33.28 Independent developmental disability ombudsman program.

(a) There is hereby established by the office for people with
developmental disabilities the independent developmental disability
ombudsman program for the purpose of assisting individuals with
developmental disabilities to access services and preserve their rights.

(b) Such ombudsman program shall have the following duties, including,
but not limited to identifying, investigating, referring and resolving
complaints that are made by, or on behalf of individuals relative to
access to services provided by the office for people with developmental
disabilities or care coordination or other providers certified and/or
authorized by the office to provide services to people with
developmental disabilities, and access to initial and continuing
intellectual and developmental disability services and supports.

(c) Notices and materials provided to individuals by the office for
people with developmental disabilities, providers of services, and the
health homes serving individuals with developmental disabilities shall
include the name, phone number and website address of the independent
developmental disability ombudsman program established by the office for
people with developmental disabilities pursuant to this section. The
phone number shall be available for forty hours every week.

(d) Funds available for expenditure pursuant to this section for the
establishment of an independent developmental disability ombudsman
program may be allocated and distributed by the commissioner of the
office for people with developmental disabilities, subject to the
approval of the director of the budget, but only after the commissioner
of the office for people with developmental disabilities holds a request
for proposal process for the establishment of an independent
developmental disability ombudsman program. The commissioner of the
office for people with developmental disabilities shall consider all
competitive proposals submitted through such request for proposal
process and shall determine which proposal submitted is appropriate for
the establishment of an independent developmental disability ombudsman
program. In making such determination, applicants who demonstrate
experience providing advocacy or assistance to people with developmental
disabilities, or experience tracking and reporting on case activities
while protecting individual confidentiality shall receive deference for
the award.