The long term care ombudsman is an advocate for the rights and wellbeing of residents of nursing homes, assisted living facilities, and other long term care facilities. Every state in the United States has a Long Term Care Ombudsman Program established under the Older Americans Act that provides free, confidential advocacy services to residents of long term care facilities and their families.
The ombudsman program is one of the most important resources available to families who have a loved one living in a nursing home or assisted living facility. Understanding what the ombudsman does and how to contact them can make a significant difference in the quality of care and quality of life experienced by long term care residents.
What the long term care ombudsman does
Long term care ombudsmen provide a wide range of advocacy and support services including:
- Investigating complaints — receiving and investigating complaints made by residents, families, and others about the quality of care and conditions in long term care facilities
- Resolving problems — working with residents, families, and facility staff to resolve complaints and problems at the facility level whenever possible
- Advocating for residents — representing the interests and rights of residents in interactions with facility staff, management, and government agencies
- Educating residents and families — providing information about residents’ rights, facility regulations, and available resources
- Monitoring facilities — conducting regular visits to long term care facilities to monitor conditions and identify potential problems
- Providing information — helping individuals and families find long term care facilities and understand what to look for when evaluating options
- Supporting resident councils — helping residents organize and participate in resident councils that give residents a collective voice in facility operations
- Advocating for policy change — identifying systemic problems in the long term care system and advocating for policy changes to improve care quality
Residents’ rights in long term care facilities
One of the core functions of the ombudsman program is educating residents and families about residents’ rights. Federal law and most state laws guarantee nursing home residents a comprehensive set of rights including:
- The right to be treated with dignity and respect
- The right to privacy and confidentiality
- The right to make their own decisions about their care and daily life
- The right to be free from abuse, neglect, and exploitation
- The right to be free from unnecessary physical and chemical restraints
- The right to receive adequate and appropriate care
- The right to be informed about their medical condition and treatment options
- The right to participate in care planning
- The right to communicate freely with family, friends, and outside organizations
- The right to file complaints without fear of retaliation
- The right to manage their own financial affairs or have them managed by a trusted person of their choice
How to contact the ombudsman
The easiest ways to find your local long term care ombudsman include:
- Eldercare Locator — visit eldercare.acl.gov or call 1-800-677-1116 to be connected with your local ombudsman program
- Administration for Community Living — the ACL maintains a directory of state ombudsman programs at acl.gov
- Your state’s ombudsman program — most states have a statewide ombudsman office that can connect you with local ombudsman representatives
- The facility itself — nursing homes and assisted living facilities are required to post information about the ombudsman program including contact information
Ombudsman services are free and confidential. You do not need to be a resident of a facility to contact the ombudsman — family members, friends, and concerned citizens can all make contact on behalf of a resident.
What types of complaints the ombudsman handles
Long term care ombudsmen handle a wide range of complaints about conditions and care in long term care facilities including:
- Poor quality of care including inadequate nursing care, medication errors, and failure to prevent or treat pressure ulcers
- Inadequate nutrition and hydration
- Abuse, neglect, or exploitation by staff or other residents
- Violations of residents’ rights including privacy, dignity, and freedom from restraints
- Problems with discharge or transfer including improper discharge from the facility
- Billing disputes and financial concerns
- Inadequate staffing levels
- Unsafe or unsanitary conditions
- Problems with roommate situations
- Concerns about the use of physical or chemical restraints
How the ombudsman investigates complaints
When a complaint is received the ombudsman typically:
- Contacts the complainant to gather information about the concern
- Visits the facility to investigate the complaint
- Interviews the resident, staff, and other relevant parties
- Reviews relevant records including care plans and medical records
- Works with the facility to resolve the complaint if possible
- Refers the complaint to the state survey agency or law enforcement if necessary
- Reports back to the complainant about the outcome of the investigation
Ombudsmen work to resolve complaints at the facility level whenever possible. When complaints cannot be resolved at the facility level they may be referred to the state agency responsible for licensing and regulating long term care facilities.
The ombudsman and facility surveys
The state agency responsible for licensing and regulating long term care facilities — typically the state health department — conducts regular surveys of nursing homes and can impose sanctions on facilities that fail to meet minimum standards. The ombudsman program works in coordination with the survey agency but has a distinct advocacy role focused on individual residents rather than regulatory enforcement.
When the ombudsman identifies systemic problems at a facility they may share information with the survey agency to support the regulatory process. Conversely survey results can inform the ombudsman’s monitoring activities.
Volunteer ombudsmen
Many ombudsman programs rely on trained volunteers to supplement the work of paid staff ombudsmen. Volunteer ombudsmen receive training in residents’ rights, long term care regulations, and complaint investigation and then make regular visits to assigned facilities to monitor conditions and provide advocacy support to residents.
Volunteering as a long term care ombudsman is a meaningful way to give back to the community and make a direct difference in the lives of vulnerable older adults. Contact your local or state ombudsman program to find out about volunteer opportunities in your area.
The ombudsman and assisted living
While the ombudsman program was originally focused on nursing homes the program in most states now also covers assisted living facilities, board and care homes, and other residential care settings. The scope of ombudsman coverage varies by state so it is important to check with your state’s program to find out which types of facilities are covered.
Key terms to know
- Long term care ombudsman — an advocate for the rights and wellbeing of residents of nursing homes and other long term care facilities
- Older Americans Act — federal legislation that established the Long Term Care Ombudsman Program
- Residents’ rights — the legal rights of nursing home and assisted living residents guaranteed by federal and state law
- Resident council — an organization of residents in a long term care facility that provides collective input on facility operations
- State survey agency — the state agency responsible for licensing and regulating long term care facilities
- Volunteer ombudsman — a trained volunteer who makes regular visits to long term care facilities to advocate for residents
- Eldercare Locator — a free service that connects older adults and families with local resources including the ombudsman program
Sources
- Administration for Community Living — acl.gov
- National Long-Term Care Ombudsman Resource Center — ltcombudsman.org
- Older Americans Act
- USA.gov — Nursing Homes
This article is for general informational purposes only and does not constitute legal advice. Ombudsman program services and coverage vary by state. Contact your local ombudsman program or call the Eldercare Locator at 1-800-677-1116 for information specific to your area.