Seniors should take advantage of every advocate they have as they transition from living independently to residing in an assisted living community, nursing home, or other senior living residential community. The Long-Term Care Ombudsman Program was launched in 1972 as a layer of protection for the safety and welfare of older adults in long-term care facilities.
Here, we’ll explain what a long-term care ombudsman is, what they do — and what they can’t — how they can help residents in senior living communities, and where to find your local ombudsman program.
What is a long-term care ombudsman?
A long-term care ombudsman advocates for older adults, protects residents’ rights, and promotes quality control in nursing homes, assisted living communities, and other senior care facilities. In addition to working directly with older adults, ombudsmen also collaborate with the appropriate entities to help shape policies that improve the quality of life for senior living residents.
What does a long-term care ombudsman do?
Some long-term care ombudsmen work at a high level, collaborating with program directors and policymakers to improve residents’ quality of care and life. These ombudsmen help make decisions about nutrition, affordable rental rates, and access to health care, for example.
Other long-term care ombudsman volunteers work directly with residents of senior living communities by advocating on residents’ behalf. Regular visits from volunteers can also help improve the residents’ mental well-being.
The Older Americans Act of 1965 sets out requirements for state-level long-term care ombudsman programs. Each state program must do the following:
- •Advocate for changes in laws and policies that will improve residents’ quality of living in long-term care facilities.
- •Stay informed about laws regarding residents’ health, safety, rights, and welfare.
- •Stand before governmental agencies and represent the interests of residents regarding administrative, legal, and other pertinent issues.
- •Make themselves regularly available for residents’ questions.
- •Provide important information about ombudsman services to residents.
- •Investigate and resolve resident complaints.
- •Educate residents and their families about best practices for care and long-term services and support.
- •Support the development of resident and family councils.
One of the most essential functions of a long-term care ombudsman is to protect residents’ rights. Examples of the rights to be protected include the following:
- •The right to express their rights, including filing grievances or complaints without fear of retaliation.
- •The right to remain in the facility unless the resident violates a posted rule or regulation.
- •The right to express their constitutional rights, including the freedom to exercise their religion, freedom of association, and freedom of speech.
- •The right to freely receive information, for example, the cost of care or facility rules.
- •The right to privacy.
- •The right to be treated with dignity.
What can’t a long-term care ombudsman do?
The powers of a long-term care ombudsman are limited. While their primary purpose is to advocate on behalf of older adult care community residents, a long-term care ombudsman cannot:
- •Provide direct care for residents.
- •Perform an adult protective services investigation.
- •Conduct licensing inspections for nursing homes.
Who can use an ombudsman’s services?
Several types of people can take advantage of the investigatory and other functions of an ombudsman, including:
- •Residents of long-term care facilities.
- •A senior living employee or administrator with concerns about the welfare of a resident.
- •The family member or friend of a resident or an individual or family considering placing a loved one in a senior care community.
- •Any person concerned about the welfare of an older adult living in a senior care community.
Who runs long-term care ombudsman programs?
Each state has a long-term care ombudsman program with an ombudsman working full-time to run the program. Each facility has a staff of volunteers. Requirements for volunteers are designated by the state ombudsman. Volunteer qualifications can include the following:
- •Be 18 years old or older.
- •Have reliable transportation.
- •Complete an ombudsman training course to help develop skills applicable to serving older people.
- •Have an empathetic and patient nature.
What happens after an ombudsman receives a complaint?
Ombudsmen respond to complaints of abuse and neglect of residents of long-term care facilities. The ombudsman will visit the facility and interview the resident to understand the allegations in the complaint. During their talk, the ombudsman will gauge the resident’s ability to understand their circumstances and ask whether they want to pursue the case. If the resident does not appear to be able to make their own decisions, the ombudsman will contact their family or legal representative (i.e., power of attorney) with the next steps in the investigation.
How can I find my closest long-term care ombudsman office?
All states, the District of Columbia, and Puerto Rico have long-term care ombudsman programs. To find more information and support regarding your state’s program, visit the National Long-Term Care Ombudsman Resource Center.
