Bankrutpcy 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

Amendment of US Code 1104, Section 333: Appointment of an Ombudsman to Act as a Patient Advocate
U.S. Law - Long-Term Care Facility Defined in Title 11 US Code 101(27A)
U.S. Law - Compensation of Officers in Title 11, Chapter 3, Subchapter II

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

Sample Forms

First Trinity Report - Sample of a First Report
Sixty Day Report AAA Format Outline - Given to each Local Ombudsman Program in Texas for details needed each 60 days
Conifer Care Second Report - Sample of a Second Report, to demonstrate the "update" status and certain details that were cut from a First Report
Show Case Document - The latest "Show Case" Order that removes the burden of providing notice to each resident before reports are filed
Motion in Aid of Appt - The argument for the "Show Case" Order, as it was made by the Texas Attorney General's Office

Return to Issues Page

The Consumer Voice

The Consumer Voice is a national organization to improve the quality of care for long-term care consumers. Visit www.theconsumervoice.org for more information.

Save the Date

Save the date for the 2010 Consumer Voice Annual Meeting & Conference, October 19-22, in Orlando, Florida. Visit www.theconsumervoice.org for more information.

2008 NORS Data

Find data and reports on long-term care ombudsman programs. All programs efforts are summarized in the National Ombudsman Reporting System (NORS); data has been collected since 1996 and gives a good picture of the extent of ombudsman activities nationally and in every state.