ARTILCE #9: WHAT DOES AN OMBUDSMAN DO?

Permission to Reprint provided by – National Long Term Care Ombudsman Resource Center (www.ltcombudsman.org)

A Long Term Care Ombudsman is an advocate for residents of nursing homes, board and care homes, and assisted living facilities. Ombudsmen provide information about how to find a facility and what to do to get quality care. They are trained to resolve problems. If you want, the ombudsman can assist you with complaints. However, unless you give the ombudsman permission to share your concerns, these matters are kept confidential. Under the federal Older Americans Act, every state is required to have an Ombudsman Program that addresses complaints and advocates for improvements in the long term care system. To find the ombudsman in your state, click here .

Whether through individual contact with residents or systemic advocacy, ombudsmen make a difference in the lives of residents in long term care facilities everyday.

A Long Term Care Ombudsman:

• Resolves complaints made by or for residents of long term care facilities
• Educates consumers and long term care providers about residents' rights and good care practices
• Promotes community involvement through volunteer opportunities
• Provides information to the public on nursing homes and other long term care facilities and services, residents' rights, and legislative and policy issues
• Advocates for residents' rights and quality care in nursing homes, personal care, residential care and other long term care facilities
• Promotes the development of citizen organizations, family councils and resident councils.

Long Term Care Ombudsman efforts are summarized in the National Ombudsman Reporting System ( NORS 2004 ) data to include the number of facilities visited, the types of complaints handled, and the kinds of complaints filed with ombudsmen. Data has been collected since 1996 and gives a good picture of the extent of ombudsman activities nationally and in every state. A 2001 report compares national data from FY 1996-2001.

WHAT CONCERNS DOES AN OMBUDSMAN ADDRESS?

• Violation of residents' rights or dignity
• 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
• Improper transfer or discharge of patient
• Inappropriate use of chemical or physical restraints
• Any resident concern about quality of care or quality of life

WHAT ARE RESIDENT'S RIGHTS?

• The right of citizenship. Nursing home residents do not lose any of their rights of citizenship, including the right to vote, to religious freedom and to associate with whom they choose.
• The right to dignity. Residents of nursing homes are honored guests and have the right to be so treated.
• The right to privacy. Nursing home residents have the right to privacy whenever possible, including the right to privacy with their spouse, the right to have their medical and personal records treated in confidence, and the right to private, uncensored communication.
• The right to personal property. Nursing home residents have the right to possess and use personal property and to manage their financial affairs.
• The right to information. Nursing home residents have the right to information, including the regulations of the home, and the costs for services rendered. They also have the right to participate in decisions about any treatment, including the right to refuse treatment.
• The right of freedom. Nursing home residents have the right to be free from mental or physical abuse, and from physical or chemical restraint unless ordered by their physician.
• The right to care. Residents have the right to equal care, treatment, and services provided by the facility without discrimination.
• The right of residence. Nursing home residents have the right to live at the home unless they violate publicized regulations. They may not be discharged without timely and proper notification to both the resident and the family or guardian.
• The right of expression. Nursing home residents have the right to exercise their rights, including the right to file complaints and grievances without fear or reprisal.

WHO CAN USE AN OMBUDSMAN'S SERVICES?

• Residents of any nursing home or board & care facility, including assisted living facilities
• A family member or friend of a nursing home resident
• A nursing home administrator or employee with a concern about a resident at their facility
• Any individual or citizen's group interested in the welfare of residents
• Individuals and families who are considering long term care placement

HOW CAN I GET INVOLVED?

• Visit residents frequently. If you don't know a resident, call the ombudsman for suggestions of facilities that need visitation.
• Report concerns about poor care or other problems to the ombudsman program.
• Volunteer to be an ombudsman in your community. To find the ombudsman program in your area, click here .