Residents’ Rights and the Law Federal Provisions for Certified Nursing Facilities As a SLTCO you need to be very familiar with the entire list of residents’ rights applicable in your state. Read the federal residents’ rights in the Nursing Home Reform Law and in the federal requirements for long-term care facilities. Read the residents’ rights, quality of life and quality of care sections of the Center for Medicare & Medicaid Services (CMS), State Operations Manual, Appendix PP, Guidance to Surveyors for Long Term Care Facilities. These documents are available on the NORC website at www.ltcombudsman.org/NORC-library. 1. What are the primary similarities in all three documents? 2. What are the major differences? 3. How can these documents be used in empowering consumers and in advocacy? Consider using some of the probes to educate consumers regarding what to consider, or to be prepared to discuss with surveyors. Incorporate some of these into conversations with consumers and into training materials and handouts on specific topics for LTCO, consumers, and even facility staff.
State Provisions Read your state’s law and regulations, if any, on residents’ rights in nursing facilities, board and care facilities or similar facilities, and assisted living. 1. For nursing homes, what are the differences between federal and state residents’ rights? 2. How do residents’ rights in other types of long-term care facilities compare to those in nursing facilities?
The Big Picture: LTCOP Activities, National and State Look at the most recent National Ombudsman Reporting System (NORS) report from your state and see how your state compares to the national statistics for residents’ rights cases. If you want more detailed or recent national statistics, check the Administration on Aging web site: www.aoa.gov. 1. What are the similarities and differences between the types and percentages of residents’ rights complaints in your state and other states? Examine the source of the complaints and the disposition. What do you think explains these differences?
2. Look at facility visitation, work with family councils and work with resident councils. How does your state compare to the national data in these areas? 3. Does the statewide NORS data show a need for systems advocacy to address widespread issues? 4. If the same categories of residents’ rights complaints remain consistent year after year in your state, how can these be addressed in a different way? What is the root source of these complaints? 5. Does the statewide NORS data indicate areas where training is needed for LTCO, consumers, and/or facility staff? If so, are training materials available through the SLTCOP? 6. How does the NORS data for your state compare with the survey and complaint reports from your state’s Licensing and Certification Agency? Are there indicators of issues to be addressed?
Examine NORS differences among the local LTCOPs, or regional ombudsman staff, in your state for residents’ rights complaints, visitation, and working with family councils and residents councils. 1. Are there areas that need follow-up? 2. Are there SLTCOP policies or guidance relevant to these aspects of local LTCOP work? 3. What resources and support does the SLTCOP make available to local LTCO in addressing these issues? 4. What kind of training and resources does the SLTCOP provide on working with resident and family councils?
Jot down any questions you have after this quick review of NORS statistics. 1. Questions about the national data. 2. Questions about the data from my state.
As a SLTCO you need to periodically examine LTCOP data from your state to assist with program administration, training, systems advocacy, and planning.