The Long-Term Care Ombudsman Programs final rule now can be found online in the Federal Register. A culmination of several years of collaborative work with states and other partners, this rule guides implementation of the portions of the Older Americans Act governing grants to states for operation of Long-Term Care (LTC) Ombudsman programs.
Since their establishment in the 1970s, LTC Ombudsman programs have:
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Employed person-centered approaches to resolve problems with and for individuals who live in nursing facilities, assisted living, board and care, and other similar adult care facilities;
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Represented consumer interests by recommending improvements in public policy;
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Worked to support survivors of abuse, neglect, and financial exploitation; and
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Engaged thousands of volunteers each year.
Unfortunately, without the foundation of federal regulations focused on LTC Ombudsman program operations, there has been significant inconsistency among states in the quality of ombudsman services provided to residents. This rule will help bring the needed consistency and strengthen LTC Ombudsman programs and the effectiveness of their services to individuals living in long-term care facilities.
The rule addresses:
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Responsibilities of key figures in the system, including the Ombudsman and representatives of the Office of the Ombudsman;
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Responsibilities of the entities in which LTC Ombudsman programs are housed;
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Criteria for establishing consistent, person-centered approaches to resolving complaints on behalf of residents;
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Appropriate role of LTC Ombudsman programs in resolving abuse complaints; and
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Conflicts of interest: processes for identifying and remedying conflicts so that residents have access to effective, credible ombudsman services.
We know some programs will need to make changes to address conflicts of interest and other issues that will be identified as states evaluate their compliance with the new rule. The rule will become effective on July 1, 2016, in order to give states time to make those changes.
ACL is here to help. We are available to states, long-term care ombudsman programs, and all other stakeholders for training, technical assistance, and support as we work together to implement the rule.
We have set up a dedicated email account—LTCOmbudsman.Rule@acl.hhs.gov—to help us manage and respond to questions and requests for assistance. That account will be monitored by multiple staff to enable fastest response. Of course, our regional offices and Long-Term Care Ombudsman program staff also are standing by.