Federal Laws & Regulations

• Older Americans Act
• Federal Nursing Home Regulations
• Home and Community Based Services Final Regulations
• Federal Guidance

Long-Term Care Ombudsman Final Rule

Laws

Older Americans Act

Older Americans Act (Title VII, Chapter 2, Sections 711/712)
The Long-Term Care Ombudsman Program is authorized under the Older Americans Act and administered at the state level. It provides residents of long-term care facilities with access to effective advocacy in order to ensure that they receive the quality of care and quality of life they deserve and are entitled to by law.

Information regarding reauthorization of the Older Americans Act is available on the ACL website. 

Federal Nursing Home Regulations

Final Regulations

On October 4, 2016, the final regulations for nursing homes participating in the Medicare and/or Medicaid programs were published in the Federal Register. The regulations are effective as of November 28, 2016 and will be implemented in three phases. Click here to view the implementation timeframe chart. For more information including a summary of the regulations created by Consumer Voice, along with Justice in Aging and the Center for Medicare Advocacy, visit the Consumer Voice website.

Note: The regulations included in Phase 1 must be implemented by November 28, 2016, regulations included in Phase 2 must be implemented by November 28, 2017, and regulations included in Phase 3 must be implemented by November 28, 2019.

Revised Federal Nursing Home Regulations

Home and Community Based Services Final Regulations

Home and Community Based Services Final Regulations

The final Home and Community-Based Services regulations set forth new requirements for several Medicaid authorities under which states may provide home and community-based long-term services and supports. See the below for additional resources from CMS and the National Senior Citizens Law Center:

• Informational Bulletin - Final regulations for HCBS provided under Medicaid’s 1915(c), 1915(i) and 1915(k) authorities
• Press Release - Final regulations for HCBS provided under Medicaid’s 1915(c), 1915(i) and 1915(k) authorities
• Fact Sheets Regarding Final Regulation CMS-2249-F/CMS-2296-F
  • Overview of Regulation
  • 1915(c): Changes to HCBS Waiver Program
  • 1915(i):  Key Provisions for HCBS State Plan Option
  • Summary of Key Provisions of the HCBS Settings Final Rule
  • HCBS Final Rule Webinar Presentation Download
  • Final Rule: Questions and Answers
• State Transition Plans for New Medicaid HCBS Regulations: Four Tips for Consumer Advocates

Federal Guidance

ACL/AoA

ACL Guidance for Outreach and Providing Services for Holocaust Survivors (January 2017)
ACL created this guidance as a vehicle by which the Aging Services Network can build stronger connections to organizations and stakeholders providing care to Holocaust survivors, to enhance service capacity and quality. The guidance examines the unique needs and challenges of serving Holocaust survivors, with a particular focus on mental and physical health, nutrition, transportation, caregiver support, outreach, legal and ombudsman services, with a foundation in person-centered, trauma-informed approaches.

August 10, 2011 AoA Memorandum re: Clarification on the Definition of "Facility Coverage" for NORS Reporting

AoA Program Instructions

• AoA Program Instructions, Information Memoranda and Other AoA Issuance
• PI-81-8: Supplemental Guidance in Implementation of Long-Term Care Ombudsman Program Requirements of the Older Americans Act

CMS Policy and Memos to States and Regions

Click here for CMS Survey and Certification memoranda, guidance, clarifications and instructions to State Survey Agencies and CMS Regional Offices.

Archive

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