Lori Smetanka JD Director National LTC Ombudsman Resource Center National Disability Rights Network PampACAP Conference June 2 2014 Ombudsman Resource Center Funded by the Administration for Community LivingAdministration on Aging ID: 804498
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Collaborations between LTC Ombudsman Programs and protection & advocacy agencies
Lori Smetanka, JDDirector, National LTC Ombudsman Resource CenterNational Disability Rights NetworkP&A/CAP ConferenceJune 2, 2014
Slide2Ombudsman Resource Center
Funded by the Administration for Community Living/Administration on AgingProvides technical assistance, training, and support to State and Local LTC Ombudsman Programs nationwideHoused at the National Consumer Voice for Quality Long-Term Care
Slide3Long-Term Care Ombudsman Program
Developed as a response to poor care and conditions in nursing homes1978 – All States required to establish an Office of the Long-Term Care OmbudsmanNursing Homes, Board & Care Facilities, Assisted Living Facilities, Home Care (limited)
Slide4Long-Term Care Ombudsman Program
53 State LTC Ombudsman Programs573 Local Ombudsman Programs with 1100+ paid program staff
8700+
Certified Volunteers
Slide5LTCOP Activities:
Resolves Complaints– 193,000 in FY12Educates consumers and LTC providers Promotes community involvement Provides information
Advocates for rights
Promotes development of citizen organizations
Slide6Concerns Addressed by LTCOP
Violations of rights, dignityAbuse, deprivation of services, unreasonable confinementImproper transfer or dischargeInappropriate use of chemical or physical restraints
Concerns about quality of care or quality of life
Assisting residents wanting to transition out of nursing homes
Slide7Advocate Ombudsman
They carry the message for residents:Impartial in gathering informationAdvocates for residents in seeking resolution
Goal: Resolve the issue to the resident’s satisfaction
Slide8Confidentiality
Older Americans Act standards for ombudsmen are more strictNot allowed to share information without consent
Slide9Systemic Advocacy
Represent the interests of residents before governmental agencies Seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents
Analyze, comment on, and monitor the development and implementation of laws, regulations, policies
Slide10Coordination of Services
Coordinate Ombudsman services with Protection and Advocacy systems Legal ServicesState and local law enforcement
Slide11Collaborations Between
Long-Term Care Ombudsmen and Protection and Advocacy AgenciesSeptember 2013
A Report by:
National LTC Ombudsman Resource Center
National Disability Rights Network
National Association of State LTC Ombudsman Programs
Slide12Goals of the Report
Identify the extent of collaboration between LTCOPs and P&As – both formal and informalIdentify best practices regarding collaborative effortsIdentify barriers to collaboration
Slide13Summary of Responses
More collaboration/coordination between State Ombudsmen and P&As than occurring at the local levelBoth programs are limited in the knowledge they have about each other’s programs – including scope of activity and authorityThere are numerous opportunities for coordination and best practices that can be replicated
Slide14Examples of Collaboration
Educating state and/or federal policymakersInformation sharing and referrals regarding the needs or complaints of persons with disabilities focused on LTSSJoint participation on workgroups and committeesJoint training opportunities
Slide15Barriers to Collaboration (from LTCO)
Lack of understanding about the scope of P&A work and clients servedLack of name recognitionP&As called by multiple names across the countrySome confusion between P&A and APS
Slide16Barriers to Collaboration (from P&A)
Concern about LTCO IndependenceLimitations on LTCO ability to share information due to stringent confidentiality requirementsConcerns that local LTCO were not adequately trained
Slide17Report Recommendations
ACL should support P&A and LTCO collaborationCreate opportunities for cross-trainingDevelop Memoranda of UnderstandingRegular meetings
Slide18Recommendations (cont.)
Create opportunities for cross trainingSeek out opportunities to work together on systemic issuesBetter educate members on each program ACL explore opportunities for greater collaboration and information sharing
Slide19Areas Ripe for Collaboration
Nursing Home TransitionImplementation of HCBS Regulations
Slide20Lori Smetanka
Director, NORClsmetanka@theconsumervoice.org www.ltcombudsman.org