Bill Seeks to Revitalize 30-Year-Old Nursing Home Resident Advocacy Program

As the number of older adults in long-term care facilities grows, challenges such as increasing resident disputes are leading to a greater need for ombudsman staff and volunteers, according to policymakers.

To that end, new legislation aimed at improving the ombudsman program was introduced this week by Sens. Tim Kaine (D-Va.) and Bob Casey (D-Pa.).

“This legislation aims to strengthen the ombudsman program and ensure that trained professionals are available to advocate for residents, address complaints, and help maintain safe, quality care,” Kaine said in a press release.

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Established under the Older Americans Act, the ombudsman program plays a crucial role in advocating for residents of nursing homes and other long-term care facilities. It has relied on trained volunteers and professional staff to provide confidential support, address complaints, and monitor conditions in long-term care facilities.

Nationally, nearly 5,400 Ombudsman program staff and volunteers conducted over 340,000 visits to long-term care facilities in 2023, assisting over 500,000 residents and their families.

“Long-term care ombudsmen are vital to ensuring that residents of nursing homes and other long-term care facilities have advocates who can represent their interests and can push for better care and conditions,” Casey said.

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The proposed legislation – Strengthening Advocacy for Long-Term Care Residents Act – includes several key provisions aimed at enhancing the existing program.

The bill requires the National Academies of Sciences, Engineering and Medicine (NASEM) to study and recommend an updated staffing ratio of ombudsmen to long-term care facility beds. This update follows a 1995 report suggesting a ratio of one ombudsman per 2,000 beds, which has not been revised in nearly 30 years.

The legislation also directs the Administration for Community Living (ACL) to establish categories of duties and corresponding training requirements for ombudsman program volunteers. This change aims to improve volunteer recruitment and retention while ensuring adequate training.

And finally, it reaffirms the need for a full-time National Director of the ombudsman program. This position was eliminated following a 2019 reorganization at ACL, and its absence has reportedly impaired program coordination and effectiveness.

The proposed legislation has received endorsements from several organizations, including the DC Ombudsman Program and the National Association of State Long-Term Care Ombudsman Programs (NASOP), among others.

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