ACL supports the needs of the aging and disability populations and improves access the health care and long-term services.  The parent agency is the U.S. Department of Health and Human Services.  Powers are granted under the Older Americans Act and the Administration on Aging.  Provides a grant to the National Consumer Voice for Quality Long Term Care to operate NORC

 

NORC runs a website filled with information, resources, and news from Ombudsman programs to support and inform programs across the country.  

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National Consumer Voice for Quality Long-Term Care was formed in 1975 because of public concerns about the substandard care in nursing homes.  Their mission:

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• Advocate for public policies that support quality care and quality of life responsive to consumers’ needs in all long-term care settings

• Empower and educate consumers and families with the knowledge and tools they need to advocate for themselves

• Train and support individuals and groups that empower and advocate for consumers of long-term care

• Promote the critical role of direct-care workers and best practices in quality-care delivery

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NASOP mission statement:  As mandated by the Older Americans Act, the mission of the Long-Term Care Ombudsman Program is to seek resolution of problems and advocate for the rights of residents of long-term care facilities with the goal of enhancing the quality of life and care of residents.

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NALLTCO mission statement:

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• Engage members in systemic advocacy efforts

• Represent the advancement of the mutual objectives of the local long term care Ombudsman Programs on a national level

• Sharing information, ideas, experiences among the membership

• Provide ongoing educational opportunities to the membership

• Promote the integrity of the local long term care ombudsman program nationally

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State and Local Ombudsman Programs are in all 50 states, plus Guam, Puerto Rico, and the District of Columbia. There are over 500 local ombudsman entities.  Each entity runs its program based on state and local laws.  The above-mentioned national organizations provide training, support, resources, and education to the state level.  

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#6 - What does an Ombudsman address?

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LTC Ombudsman handles residents' complaints and represents a resident interest in both individual and systems advocacy.  They address:

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• Violation of residents' rights or dignity

• Quality, quantity, variation, and choice of food

• Lack of respect for residents, poor staff attitudes

• Physical, verbal, or mental abuse, deprivation of services necessary to maintain residents' physical and mental health, or unreasonable confinement

• Poor quality of care, including inadequate personal hygiene and slow response to requests for assistance

• Administration and organization of medications

• Improper transfer or discharge of patient

• Building or equipment in disrepair or hazardous

• Inappropriate use of chemical or physical restraints

• Any resident concerns about the quality of care or quality of life

• Unanswered requests for assistance

• Quality of life, specifically resident/roommate conflict

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#7 - Do Ombudsmen Investigate Allegations of Abuse, Neglect, and Exploitation?

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Yes.  The Ombudsman program investigates and resolves complaints that “relate to action, inaction or decisions that may adversely affect the health, safety, welfare, or rights of the residents” and that includes complaints about abuse, neglect, and exploitation.  Ombudsmen are directed by the resident's goals for complaint resolution.  They are limited by federal disclosure requirements.  The Ombudsman program’s role in investigating allegations of abuse is unique and differs from other entities such as adult protective services and state licensing and certification agencies.  Ombudsman programs attempt to resolve complaints to the residents’ satisfaction and do not gather evidence to substantiate that abuse occurred or to determine if a law or regulation was violated in order to enforce a penalty.  If necessary, with resident consent or permission of the State Ombudsman if the resident can’t consent and does not have a legal representative, the ombudsman will disclose resident-identifying information to the appropriate agency or agencies for regulatory oversight; protective services; access to administrative, legal, or other remedies; and/or law enforcement action about the alleged abuse, neglect or exploitation.

 

#8 - Are Ombudsman Mandatory Reporters of abuse?

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Mandatory Reporting as an Ombudsman. The Older Americans Act is clear that Ombudsmen are resident/client-directed.  That means they work at the direction of the resident/client and not the state or federal government.  In practice according to the Older Americans Act, LTC Ombudsman may not be mandated, reporters.  Some states still require Ombudsman to be mandatory reporters.  According to the National Center on Elder Abuse NCEA, there are strict federal requirements regarding disclosure of Ombudsman program information.  Resident-identifying information cannot be disclosed without resident consent, the consent of the resident representative, or a court order.  Therefore, these disclosure requirements prohibit Ombudsman programs from being mandatory reporters of suspected abuse.

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#9 - What are the goals of an Ombudsman?

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1. Advocating to improve the quality of care and quality of life for residents of long-term care facilities.

2. Empowering seniors and adults with disabilities to self-advocate.

3. Providing information to residents about residents’ rights, long-term care options, supports, and services in nursing facilities and the community.

4. Investigating complaints and concerns. Ombudsmen will work to resolve complaints to the satisfaction of residents.

5. Listening to understand an issue from the resident’s perspective.

6. Maintaining confidentiality. Ombudsmen may not discuss or disclose any information without the individual’s permission

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#10 - Can someone other than a resident bring a concern to the Ombudsman program?

 

Absolutely yes.  In that case, the ombudsman will contact the resident to see if the resident has similar concerns and wants to proceed with a complaint.  Then the Ombudsman will explain the role of the program, the complaint and investigation process, share information about the resident's rights, ask about the specifics, document the information, and proceed on behalf of the resident.  

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