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Elder Rights: LTC Ombudsman

LTC Ombudsman National State Data

Executive Summary: FY 1996 Long-Term Care Ombudsman Report

The Long-Term Care Ombudsman Program was established under the Older Americans Act to advocate on behalf of older residents of long-term care facilities. Ombudsman programs in every state and hundreds of local or regional areas carry out a variety of activities to assist residents and their loved ones to obtain a good quality of life and care in nursing homes, assisted living, and other types of long-term care facilities.

This report provides the first compilation of data from all state ombudsman programs on the types of problems reported by those who turn to the program for assistance and on other activities carried out by ombudsmen. Thus, the national totals for FY 1996 constitute the baseline for this information. (Comparable data on program operations were provided by all states for FY 1995.)

Ombudsmen opened 126,606 new cases and closed 116,242 cases, involving 179,111 complaints, in FY 1996. Most complaints were filed by residents of facilities or by friends or relatives of residents. Seventy-four percent of complaints were verified, and 72.1 percent of all complaints were resolved or partially resolved to the satisfaction of the resident or complainant.

Eighty-one percent of the cases closed involved nursing homes. The five most frequent nursing home complaints concerned:

  • accidents, improper handling
  • requests for assistance unheeded
  • personal hygiene neglected
  • lack of respect for residents, poor staff attitudes
  • lack of adequate care plan, resident assessment

Seventeen percent of the cases closed involved board and care homes, including assisted living, adult care, and similar levels of care facilities. The five most frequent complaints involving these types of homes concerned:

  • menu quality, quantity, variation, choice
  • physical abuse
  • medications administration, organization
  • lack of respect for residents, poor staff attitudes
  • equipment/building disrepair, hazard, poor lighting, and fire safety

FY 1996 program funding from all sources totaled $41,519,334, approximately one million dollars above the FY 1995 funding level. There were 570 local programs, five more than in FY 1995, and 847 full-time equivalent staff serving the program in FY 1996. The number of ombudsman volunteers increased dramatically during this two-year periodCfrom 6,421 certified and a total of 11,580 for FY 1995 to 6,622 certified and a total of 12,657 for FY 1996.

Although the state ombudsman reports show that the number of nursing facilities decreased from 18,911 in FY 1995 to 18,066 in FY 1996, the number of beds in nursing facilities increased during the two-year period, demonstrating that fewer nursing facilities are growing larger in size. The number of licensed board and care-type facilities and beds, including assisted living, adult care, residential care and similar homes, increased dramatically from 35,304 facilities with 662,199 beds in FY 1995 to 39,369 facilities with 673,903 beds in FY 1995.

The ratio of paid ombudsman full-time equivalents (FTE) to total number of long-term care facility beds was 1 to 2,973 in FY 1996. This was approximately one-third greater than the ratio of one FTE to 2,000 beds which the Institute of Medicine, in its comprehensive assessment of the Long-Term Care Ombudsman Program, said was required for ombudsman programs to fulfill the responsibilities assigned to them in the Older Americans Act.

Ombudsmen nationwide provided 46,015 hours of training in 9,199 training sessions to 27,568 ombudsman trainees; gave 7,321 training sessions and 62,962 individual consultations to facility managers and staff; provided information and consultation to 188,067 individuals; participated in 9,776 facility surveys, 11,942 resident council meetings, 4,685 family council meetings, and 8,985 community education sessions; provided 3,406 press interviews and issued 3,252 press releases. They reported visiting 70.7 percent of all nursing facilities and 28.1 percent of all board and care and similar types of homes on a regular basis, not in response to a complaint.

Ombudsman work on laws, regulations and government policies and actions is referred to as issues advocacy. It is significant that almost half (eight) of the seventeen states reporting that state ombudman staff spend thirty percent or more of their time on issues advocacy are among the twelve states whose programs are located outside the state agency on aging (CO, DC, FL, MI, VT, WA, WI and WY).

Issues identified by the states are listed below in the order of the frequency with which they were mentioned in the state reports.

  1. Regulation and enforcement issues, especially as related to poor performing facilities: 16 states (AK, CA, DC, MI, MA, NC, NV, OH, PA, KS, RI, TX, UT, VT, WI, WA)
  2. Limited long-term care options, especially for Medicaid-eligible and moderate-income individuals: 11 states (DC, IN, MI, MN, NC, NH, TN, VT, WV, WA, MA)
  3. Chronic shortage of qualified, trained, equitably compensated staff to assist residents - 10 states (CO, DC, FL, IN, LA, MA, MT, NC, OH, TX)
  4. Ombudsman Program Issues: 10 states (AK, CA, KS, MD, MS, NH, NJ, PR, WA)
  5. Board and care homes/assisted living (also related to topic # 1, regulation and enforcement issues): 9 states (KS, LA, ME, NM, OR, PA, WI, WV, WA)
  6. Involuntary transfers, discharge and readmission issues, especially related to residents with dementia and mental health problems: 9 states (AZ, IN, KS, KY, MA, MO, NH, OR, WA)
  7. Resident abuse; adult protective services: 6 states (AK, MD, MN, NH, OR, SC)
  8. Abuse Registries: 3 states (AK, NJ, UT)
  9. Bioethical (advance directives and right to refuse medical treatment) issues: 2 states (IN, NJ)
  10. Medicare, Medicaid anti-fraud and abuse: 2 states (IL, NY)
  11. Managed care: 2 states (FL, MA)
  12. Guardianship and legal issues: 2 states: (MO, RI)
  13. Family councils: 1 state (SC)
  14. Physician accountability: l state. (WA)
  15. Behavior of Residents and Families: 1 state (MO)

Ombudsman best practice in advocacy, public education and problem solving provided in the report reflect the wide range of projects and activities which ombudsmen undertake to improve the long-term care system for residents.

 

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