Long-Term Care Ombudsman Programs

The February 11, 2015 Federal Register contains a final rule regarding the Long-Term Care Ombudsman Program. Although the Ombudsman program has been in effect since the 1970s, regulations had not been promulgated specifically focusing on the State's implementation of the program. In the absence of regulation there had been significant variation in interpretation and implementation of the Ombudsman Program. It is anticipated that a number of states will need to update regulations, policies and procedures in order to operate consistent with Federal law and the final rule. The Administration on Aging (AoA) intends to provide technical assistance and training to enable states to make the necessary changes called for by the final rule, which becomes effective July 1, 2015. NYS regulations under 10NYCRR 411.1, currently outline the responsibilities of the nursing home with regard to the access of the ombudsman to residents and to their records. It is unclear at this time as to what extent the final rule will impact the NYS ombudsman program.

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832