Understanding the Long-Term Care Ombudsman

“Ombudsman,” as defined in Webster’s Dictionary: “(A Swedish word); “A public official appointed to investigate citizens’ complaints against local or national government agencies that may be infringing on the rights of individuals.”

In a perfect world, we wouldn’t need ombudsmen. But we don’t live in a perfect world. And, sadly, we rarely, but sometimes need ombudsmen in our nursing and long-term care facilities…because, tragically, just as in the world outside those doors, abuse can take place there, too. It can be physical abuse. It can be mental abuse. It can be emotional abuse. And it can come not only from the workers in those facilities, but also the residents.

Please don’t get me wrong. Most of the workers in nursing homes, assisted-living, and long-term care facilities are dedicated individuals who care deeply about their work — and about the people in their care. But, as in any sector of society, some are just there for the paycheck, and others are simply unprepared to deal with certain situations. And some residents apparently display physically- or emotionally-threatening behavior to other residents.

This is a very scary — and very tragic — situation. Because the people who are being threatened are the most vulnerable in our society.

In 1972, some concerned citizens joined with some local government agencies around the country to establish an Ombudsman Program, to investigate and address complaints of abuse or neglect or just-plain-incompetence in our long-term care facilities.

How has the program worked? Well, pretty well in many instances. However, as there’s still no national agency to oversee it, things invariably fall through the cracks.

In our next two segments, we’ll talk about such things as residents’ rights, ombudsman responsibilities, and other things you really need to know. Because, even if you don’t have a loved one in a care facility now, one day, you will. And one day…you may be the patient!

Will You Need a Long-Term Care Ombudsman?

Long-Term Care Ombudsmen are advocates for residents of nursing homes and long-term care facilities. They work on behalf of individual residents. However, their work often results in positive changes on the local, state, or national levels.

Today there are thousands of them, in all fifty states…concerned volunteers who visit these facilities, monitor conditions and care, and speak out for those residents unable — or afraid – to speak for themselves. (Although the program operates under the Older Americans Act, there is no national agency actually overseeing it.)  Ombudsmen could include physicians, nurses, administrators, owners of other long-term care facilities, pharmacists, dietitians/nutritionists, attorneys, social workers, and, in some cases, even residents of the facility.

Know your rights… or the rights of your loved one! Residents of long-term care facilities have rights that are guaranteed by law…on both state and federal levels.

• Residents have the right to be treated with respect and dignity.
• Residents have the right to be free from any type of restraints.
• Residents have the right to manage their own finances.
• Residents have the right to voice grievances without fear of retaliation.
• Residents have the right to associate and communicate privately with anyone they choose.
• Residents have the right to send and receive personal mail.
• Residents have the right to confidentiality when it comes to their personal and medical records.
• Residents have the right to apply for state or federal financial assistance without discrimination.
• Residents have the right to be fully informed — prior to admission — of these rights, all available services at the facility, and all charges, as well as to be given advance notice of transfer or discharge from that facility.

Again — and I can’t emphasize this enough – Know your rights! And know the rights of your loved one! And, if you don’t know them, perhaps you should see an Elder Law attorney!

Where is the Long-Term Care Ombudsman?

There’s a list of Ombudsman Responsibilities — and, if you have a loved one in long-term care, or if you might end up in  long-term care (and the odds are pretty good that you will!)… you should know it!

Ombudsman responsibilities are outlined in the Older Americans Act:

• Identify, investigate and resolve complaints made by or on behalf of residents.
• Provide (accurate) information to residents about long-term care services available.
• Represent the interests of residents before governmental agencies; and seeking administrative, legal and other remedies to protect residents.
• Analyze, comment on and recommend changes in laws and regulations pertaining to the health, safety, welfare and rights of residents.
• Educate and inform consumers and the general public on issues and concerns relating to long-term care, and facilitate public comment on laws, regulations, policies and actions.
• Promote the development of citizen organizations to participate in the program.
• Provide technical support for the development of resident and family councils to protect the well-being and rights of residents.
• Advocate for changes to improve residents’ quality of life and care.

Where Can I Get Help?

Dealing with long-term care issues involving a loved one (or yourself!) is a physically- and emotionally-draining process. But you’re not alone. There are agencies that can help…

The National Long-term Care Ombudsman Resource Center is operated by the National Consumer Voice for Quality Long-Term Care (formerly known as NCCNHR). You can contact them at (202) 332-2275 or http://ltcombudsman.org/

To contact a state or local long-term care ombudsman, visit the National Consumer Voice for Quality Long-Term Care Ombudsman Map at http://theconsumervoice.org/get_help.

And for help from a Florida state agency, contact www.ombudsman.myflorida.com, or the Florida Department of Elder Affairs at http://elderaffairs.state.fl.us/doea/ombudsman_program.php; or
http://ombudsman.myflorida.com/DistrictsList.phpWhen it comes to long-term care, it’s a jungle out there. But you don’t have to walk through that jungle alone!