Long-Term Care Ombudsman: Protecting Rights & Dignity

1. Pamela Williams, MS Regional LTC Ombuds – King County LTC Ombudsman Program March 2019

2. . Ensuring the rights, dignity and well-being of individuals living in long-term care today and tomorrow

4. Long-Term Care Ombudsman Role • Work to resolve problems • Analyze and make recommend changes in laws • Advocate

5. 35 Certified Ombuds Volunteers 4 Full-time Equivalent Staff Ombudsman 1 Victims of Crime Assistant- VOCA Training Specialist 1 State Office Technical Assistance

6. Authority to Act • Federal Statute: Older Americans Act, Title III, Sec. 307 (a)(12) • State Statute: Revised Code of Washington 43.190 • State Regulation: Washington Administrative Code 365.18

7. Certification Process • Find the right volunteer and staff to do the work! • Screen for qualifications • Criminal background and history check • References, experiences, interview • Attend and complete training • Be recommended for certification • Assigned to facility • Performance evaluations and ongoing training requirements must be met

8. WAC 365-18-040 Conflicts of Interest All ombuds shall be free from conflicts of interests including: • (a) No ombuds shall be or have been employed by or participated in the management of any long-term care facility, or have or have had the right to receive remuneration from a long-term care facility, including work as a paid consultant or independent contractor, currently or within the past year; • (b) No ombuds or member of his or her immediate family shall have, or have had within the past year, any pecuniary interest in a long-term care facility or a long-term care service;

9. Training Topics include: • Program History, laws, and regulations • Ombuds roles and functions • Aging and common illnesses • Communication • The Long-Term Care Setting and licensing regulations • Residents’ Rights • Legal issues • Documentation, policies and procedures • Data collection

10. Residents Rights Laws and Regulations in Washington State • RCW 70.129 (AFHs, BHs and ALs) • WAC 388-97 (Nursing Homes) • http://www.leg.wa.gov/wac/(title 388) • (Federal; 42 CFR 483)

11. RCW 70.129 Residents Rights Residents shall: • receive appropriate services • be treated with courtesy • continue to enjoy their basic civil and legal rights • have opportunities to exercise reasonable control over life decisions • have choice, participation, privacy • have opportunities to engage in religious, political, civic, recreational, and other social activities that foster a sense of self-worth and enhance the quality of life.
    

12. RCW 70.129 Residents Rights • LTC facilities must promote maintenance or enhancement of each resident's quality of life. • Residents should have a safe, clean, comfortable, and homelike environment. • LTC facility should allow the resident to use his or her personal belongings to the extent possible.

13. King County Region FTE Staff = 4 Volunteers = 35 FY 2018 Complaints Resolved = 1,364 **City of Seattle contributes $73,354 annually, or $3.54/resident bed

14. We identify, receive and resolve complaints • Approx. 21,412 beds • 1,364 complaints/3,768 consultations • 5,100 volunteer service hours • 2,423 LTC facilities visited Data from the Federal Fiscal Year 2018

15. Common Types of Complaints • care complaints (failure to respond for calls of help) • medication issues • failure to provide therapies • abuse/Neglect (verbal, emotional and psychological) • poor staff attitudes, lack respect, dignity issues • personal care issues • failed to exercise choice, preferences • unlawful discharges/transfers/abandonment

16. www.waombudsman.org Thank you! Pamela Williams, Regional LTC Ombuds - 253.838.6810 or pamela.williams@mschelps.org