Specialized Information for:

Nursing HomesAssisted Living/Board & Care Home and Community Based Services
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Bankruptcy Law and the LTCOP

These important issues have been affecting ombudsman work around the country. Nursing homes have closed their doors voluntarily and involuntarily for financial and other reasons. This page includes resources that may be helpful to ombudsmen in preventing and handling facility closures, and in understanding the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 went into effect on Monday, October 17, 2005. One of the provisions of this new law is for the appointment of a patient advocate when a health care business files for bankruptcy. If the health care business provides long-term care services, the State Long-term Care Ombudsman may be appointed by the Bankruptcy Court as the “Patient Care Ombudsman.” The following resources are to help ombudsmen navigate this new advocacy role.

U.S. Trustee Program

Bankruptcy Law

Ombudsman Issues

  • SLTCO Conference Call Notes, February 1, 2006
  • Memo to State LTC Ombudsmen from NORC about the New Bankruptcy Law and Role of the State Ombudsman, October 13, 2005
  • AoA Letter, April 13, 2012
    This letter clarifies whether or not it is a conflict of interest with OAA requirements for State LTC Ombudsmen and his or her representatives to receive compensation for services or reimbursement for expenses carried out while serving as Patient Care Ombudsman in bankruptcy cases.

Sample Forms

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