A nursing home ombudsman, also known as a long-term care ombudsman, is a government official that handles complaints and issues in nursing homes and other long-term care facilities.
If you or a loved one experienced abuse or neglect in a nursing home, an ombudsman could help you resolve the issue and potentially protect other residents from harm. All 50 states have a long-term care ombudsman program to help protect nursing home residents at the state and national levels.
You could be eligible for financial compensation if the nursing home is proven to be negligent. The personal injury attorneys at Nursing Home Law Center, LLC, can help you determine the best legal action and ensure all at-fault parties are held accountable.
Contact our nursing home abuse attorneys at (800) 926-7565 for a free consultation to learn more about your legal options.
What is a Long-Term Care Ombudsman Program?The US Long-Term Care Ombudsman Program is authorized by the Older Americans Act (OAA). Long-term care (LTC) or nursing home ombudsman programs address issues in nursing facilities, helping protect the health, safety, and rights of nursing home residents.
All 50 states, the District of Columbia, Guam, and Puerto Rico, have nursing home ombudsman programs. Every state has an Office of the State Long-Term Care Ombudsman led by a full-time LTC ombudsman responsible for directing ombudsman services throughout the state.
Under the OAA, ombudsman nursing home programs are required to:
Ombudsman nursing home programs must work to protect residents’ rights, which, according to the Nursing Home Reform Act of 1987, include:
Nursing home ombudsman programs are headed by public officials who are volunteers or appointed by government agencies. Many are specially trained and certified citizen volunteers, usually retired professionals from various careers.
Whether volunteers or paid staff, nursing home ombudsmen are dedicated advocates of residents of nursing homes. A long-care ombudsman is responsible for the following:
Ombudsman nursing home programs report their activities to Administration for Community Living (ACL) or the Administration on Aging (AOA), who then summarize the data in the National Ombudsman Reporting System (NORS).
Ombudsmen report facility visits, complaints, investigations, community education, and other activities to the NORS. Ombudsman program data is available to the public on the National Ombudsman Resource Center (NORC) website or ACL AGing, Independence, and Disability (AGID) Program Data Portal.
More information about nursing home ombudsmen is available on the National Consumer Voice website. You can also learn how to become an ombudsman in your state.
By collecting data from ombudsman reports, states can analyze complaints, identify points for improvement, and determine the effectiveness of long-term care ombudsman program services.
Furthermore, information from the ombudsman system can help identify persisting systemic issues that need to be prioritized to improve the quality of life in nursing homes.
What Issues Does a Nursing Home Ombudsman Address?Long-term care ombudsmen deal with complaints from residents, family members, or concerned citizens. Below are common concerns that ombudsmen address:
An ombudsman can launch investigations as needed and may assist other government agencies in separate inspections.
How Does a Nursing Home Ombudsman Program Help Ensure Quality Care in Nursing Homes?
Ombudsmen resolve problems related to elder abuse, poor quality of care, and other situations that cause or create a risk of harm to disabled and older adults. In doing so, every long-term care ombudsman helps address systemic issues hindering high-quality care for older Americans.
According to the National Consumer Voice, the long-term care ombudsman program achieved the following in 2020:
Furthermore, the long-term care ombudsman program resolved or partially resolved about 70% of all nursing home complaints to the satisfaction of the complainant. The ombudsman program handled 153,324 complaints from residents, family members, and other concerned individuals.
Frequent Issues Handled by Ombudsman OfficesThe three most frequent complaints in nursing homes received by ombudsman offices were:
Meanwhile, the three most common complaints in community living establishments received by long-term care ombudsman offices were:
The following can use the long-term care ombudsman program in their respective states:
Residents, loved ones, and other citizens can work with the state nursing home ombudsman to address elder abuse and other pertinent issues in the long-term care system. Anyone can report suspected nursing home abuse or poor quality of care to the local office of the state long-term care ombudsman to start an investigation.
How to Report Abuse in Nursing Homes to the OmbudsmanThe National Consumer Voice provides information on how to find the long-term care ombudsman program in your state. You can find your state’s long-term care ombudsman program on its website and see who the state ombudsman is, where the ombudsman office is located, and how you can reach them.
The website also contains the local addresses and contact information of regional LTC ombudsman agencies and citizen advocacy groups.
Furthermore, all nursing homes must display the ombudsman information in a visible location. Failure to post the local ombudsman office’s address and contact number is a violation. Every ombudsman program is free to use.
Ombudsman ConfidentialityComplaints made to nursing home ombudsman offices are confidential, meaning you don’t have to worry about staff retaliation for filing a complaint to the ombudsman. Your ombudsman will not share any information you divulge unless you permit them to do so.
Alternatives to Reporting to the OmbudsmanAside from contacting your state’s LTC ombudsman, you can also report known or suspected nursing home abuse to:
Many states have hotlines where residents and families can complain or file reports on resident and elder abuse.
What is Considered Abuse in Nursing Homes, Assisted Living Facilities, and Other LTC Establishments?Unfortunately, abuse and neglect are common and long-standing problems in nursing homes across the US. While a nursing home ombudsman can help resolve problems related to nursing home abuse, they don’t always detect issues that need to be addressed. Hence, residents and families must bring problems to light by working with the local ombudsman.
The following are considered nursing home abuse and should be reported to the long-term care ombudsman and law enforcement immediately:
Physical AbusePhysical abuse is any intentional act that causes pain or injury to a nursing home resident. It includes but is not limited to the following:
Physical abuse can lead to significant injuries, especially among frail older adults in nursing homes. Common injuries from nursing home abuse cases reported to ombudsman offices include broken bones, traumatic brain injuries, lacerations, bruises, and post-traumatic stress disorder.
Emotional AbuseNursing home abuse includes emotional or mental mistreatment or verbal or non-verbal behavior intended to cause psychological harm to a resident. It may include:
Emotional abuse often leads to fear, trauma, and mental health problems, including depression and anxiety.
Sexual AbuseSexual abuse is any non-consensual sexual contact with a nursing home resident, including:
Victims of sexual abuse often suffer physical and mental consequences, including bodily injuries, sexually-transmitted infections, venereal diseases, post-traumatic stress disorder, depression, etc.
NeglectNeglect in nursing homes is failing to provide residents with basic needs, such as food, water, clothing, personal hygiene, medical care, and social activities. Whether intentional or otherwise, neglect is considered nursing home abuse.
Below are common ways neglect takes place in long-term care facilities:
Families can protect their loved ones from mistreatment by filing complaints to their local nursing home ombudsman and government agencies. Ombudsman representatives work hard to hear and address all reports.
Can You Report Poorly Managed Nursing Homes to the Ombudsman?Residents and families can also report substandard amenities, procedures, and policies, in nursing homes to the ombudsman, such as:
An ombudsman can request documents, interviews, and inspections to investigate complaints.
When is it Necessary to Take Legal Action Against Nursing Homes?Filing a nursing home complaint to the state ombudsman may not be enough to hold negligent care providers accountable for their actions. You might need legal action if you or a loved one suffered abuse in a nursing home.
A personal injury claim could help you recover financial compensation from the negligent nursing home. Additionally, the threat of legal repercussions can force the negligent facility to correct its deficiencies much faster (compared to waiting for ombudsman actions).
A nursing home abuse attorney can help you file a personal injury claim or lawsuit against the at-fault party. The individual responsible for the mistreatment should be accountable for their actions.
The primary defendant is usually the nursing home administrator because abuse indicates its failure to prevent harm to residents, which is one of the direct obligations of nursing homes under the Older Americans Act (OAA) and the Nursing Home Reform Act.
How a Nursing Home Lawyer Can HelpLike ombudsman program leaders, abuse attorneys are advocates for residents of long-term care facilities, including nursing homes, assisted living facilities, and community care homes. Our lawyers will help resolve your case and recover financial compensation for your family by:
The nursing home ombudsman program addresses complaints against nursing homes and holds negligent care providers accountable for harming residents. In doing so, long-term care ombudsman leaders help protect older abuse from unnecessary harm and increase the quality of nursing care at state and national levels.
Contact the local office of your state’s nursing home ombudsman to file a formal complaint against a long-term care facility (data is available on the National Consumer Voice website). You don’t have to fear staff retaliation or a wrongful discharge, as all ombudsman complaints are confidential.
Our attorneys also recommend filing a report to other agencies governing nursing homes, such as your state’s Department of Health and Human Services (HHS) and the police.
Free Case EvaluationIf you need to take legal action against the facility, our experienced attorneys at Nursing Home Law Center, LLC, are ready to help. Our lawyers are advocates for disabled older adults, assisting hundreds of nursing home abuse victims in seeking justice for the harm they’ve suffered.
Call our nursing home abuse lawyers at (800) 926-7565 or use the contact form for a free case review. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
Our team handles all accepted cases on a contingency fee basis. This agreement ensures you don’t have to pay our legal fees unless we win your case.
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