The Administration for Community Living (ACL) established minimum training standards for Ombudsman program representatives, both paid and volunteer. State Long-Term Care Ombudsman programs (LTCOPs) must provide a minimum of 36 hours of initial certification training and a minimum of 18 hours of in-service (continuing education) training a year. The standards also include requirements for training content and methods. States establish their own training requirements but they must meet (or exceed) ACL’s minimum training standards. NORC developed an Initial Certification Training Curriculum for LTCOPs (online course and text materials) to assist programs in meeting the requirements. Visit our training center for more details.

Yes. To assist Ombudsman programs in meeting annual continuing education requirements, NORC provides certificates of participation to those that register and attend live NORC webinars and meetings via Zoom for at least 30 minutes. Once the training is completed, a certificate will be emailed to you that includes the exact duration you attended the training.

No, NORC is not offering CEUs. The purpose of the certificates is to show your attendance during a live webinar. The certificates are available for anyone that registers and joins NORC training. However, you need to speak with your supervisor or State Ombudsman if, and how, you can count this as continuing education.

No, you must register for the training using your own email address and watch the live training using the link or phone number that was emailed to you. The platform has no way of verifying your attendance if you do not register ahead of time and use the personal credentials emailed to you.

No, you must register for all trainings ahead of time through Zoom, and attend the live webinar via your Zoom link, to receive a certificate. This is the only way for NORC to verify your participation, duration, and automatically email you a certificate.

The Ombudsman program’s mandate is to represent the resident and assist at his or her direction. The Older Americans Act (OAA) requires the Ombudsman program to have resident consent prior to investigating a complaint or referring a complaint to another agency. When someone other than the resident files a complaint, the ombudsman must determine, to the extent possible, what the resident wants.

Yes. The Older Americans Act states that Ombudsman program investigates and resolves complaints that “relate to action, inaction or decisions that may adversely affect the health, safety, welfare, or rights of the residents” and that includes complaints about abuse, neglect, and exploitation. Ombudsman program representatives are directed by resident goals for complaint resolution and limited by federal disclosure requirements. Therefore, the Ombudsman program’s role in investigating allegations of abuse is unique and differs from other entities such as, adult protective services and state licensing and certification agencies. Ombudsman programs attempt to resolve complaints to the residents’ satisfaction (including those regarding abuse) and do not gather evidence to substantiate that abuse occurred or to determine if a law or regulation was violated to enforce a penalty. If necessary, with resident consent or permission of the State Ombudsman if the resident can’t consent and does not have a legal representative, the ombudsman will disclose resident-identifying information to the appropriate agency or agencies for regulatory oversight; protective services; access to administrative, legal, or other remedies; and/or law enforcement action about the alleged abuse, neglect or exploitation. Visit our website for federal law and regulations for the program.

There are strict federal requirements regarding disclosure of Ombudsman program information. Resident-identifying information cannot be disclosed without resident consent, the consent of the resident representative, or a court order. Therefore, these disclosure requirements prohibit Ombudsman programs from being mandatory reporters of suspected abuse.

The records maintained by the Long-Term Care Ombudsman program (LTCOP) are the property of the program. They do not belong to the resident or the complainant. Each state must have policies and procedures outlining their process for providing copies of records to anyone requesting them, including residents or their representatives. Files, records, and other information maintained by the Ombudsman program may only be disclosed at the discretion of the State Ombudsman (or designee in accordance with criteria developed by the State Ombudsman). Visit our laws and regulations page for more details from the federal requirements, specifically §1324.11(e)(3) and §1324.13 (d) and (e) of the LTCOP Rule.

The Older Americans Act [Section 712(a)(5)(E)] clarifies that the LTCOP is allowed to provide and financially support recognition for an individual designated as a volunteer to represent the Ombudsman program. The program may reimburse or otherwise provide financial support for any costs, such as transportation costs, incurred by representatives of the program. Visit our laws and regulations page for more information about the Older Americans Act and the LTCOP Rule.

The Older Americans Act [Section 712(a)(5)(E)] clarifies that the LTCOP is allowed to provide and financially support recognition for an individual designated as a volunteer to represent the Ombudsman program. The program may reimburse or otherwise provide financial support for any costs, such as transportation costs, incurred by representatives of the program. Visit our laws and regulations page for more information about the Older Americans Act and the LTCOP Rule.

It is not uncommon for a state surveyor to say they are unable to cite for non-compliance if they do not witness the violation themselves. However, that is not true.

State surveyors are required to follow investigative procedures laid out in the State Operations Manual. Chapter 5 of the handbook provides detailed instructions on what a state survey agency must do when it has received a complaint. The guidance does not say a surveyor must witness an event to cite for noncompliance. It gives detailed information on how to cite for past non-compliance that has now been corrected. In other words, the situation that led to the complaint no longer exists because it was fixed. But the facility may still be cited for non-compliance.

For additional information about surveyor requirements and the Ombudsman program, visit this page, specifically the Ombudsman References in Federal Nursing Home Requirements.  

Yes, the survey agency is supposed to contact the Ombudsman program prior to complaint investigations and annual surveys.

According to the State Operations Manual, Chapter 5, Complaint Procedures, as part of offsite preparation the survey agency is supposed to “review any information about the facility that would be helpful to know in planning the investigation; contact the ombudsman to discuss the nature of the complaint and whether there have been any similar complaints reported to and substantiated by the ombudsman; and review the related regulatory requirements or standards that pertain to the complaint” (5300.1).

Similarly, according to 7207.2 from Chapter 7 of the State Operations Manual, for surveys, the survey agency should “notify the State ombudsman’s office according to the protocol developed between the State and the State ombudsman’s office. This protocol must ensure strict confidentiality concerning the survey dates.” Additionally, per the Long-Term Care Survey Process (LTCSP) Procedure Guide the survey agency should “contact the Ombudsman in accordance with the policy developed for communicating between the State Agency (SA) and State ombudsman agency. Notify the ombudsman of the proposed day of entrance into the facility and if applicable, obtain any information/concerns. Ascertain whether the ombudsman will be available if residents wish her/him to be present during the Resident Council Interview. Enter the Ombudsman’s name, number, contact date, and areas of concern.” LTCSP guide available in the Survey Resources zip file on the CMS Nursing Homes page.

For additional information about survey agency requirements related to the LTCOP, visit this page, specifically the Ombudsman References in Federal Nursing Home Requirements.

Welcome to the Long-Term Care Ombudsman program network! Get to know key stakeholders and how NORC can support you.

Successful program management enables Ombudsman program representatives to serve residents effectively. NORC shares information and resources to assist Ombudsmen in statewide program management and support Ombudsmen and their representatives in understanding and fulfilling their role and responsibilities.

Ombudsman programs advocate on a variety of long-term care issues. Dive deeper into specific issues to assist Ombudsman programs in their advocacy.

Learn from your peers as Ombudsman programs from across the country share their resources, materials, and successful practices.