What is the California Ombudsman?

Filing a complaint with the administrator of a nursing home can be a frustrating endeavor. It may progress slowly, or go unresolved altogether. If you suspect elder abuse in a nursing home or assisted living facility, the California Ombudsman program can help you work towards a resolution.

Overseen by the California Department of Aging (CDA), the ombudsman was established to help victims of elder abuse and neglect to understand their legal rights. It was created in response to the federal government’s Long Term Care Ombudsman Program, a 1978 amendment to The Older Americans Act which required all 50 states to establish their own ombudsman to protect nursing home residents. In 1981, the Act was amended to include assisted living facilities. Ombudsman services are free of charge to long-term care residents and families. Complaints are confidential.

In addition to handling specific complaints, Ombudsman representatives maintain a presence at long term care facilities so that residents are aware of the program and have access to it if required.

According to the Department of Aging, the Ombudsman also conducts “semi-annual statewide training conferences to keep Ombudsman program coordinators up to date on long term care issues.”

The California Long-Term Care Ombudsman program is a critical support system for vulnerable elderly populations, as it ensures their rights and welfare are prioritized in care settings such as nursing homes and assisted living facilities.

What Does the Ombudsman Do?

In California, the program is staffed by trained, state-certified volunteers who investigate complaints and help resolve issues impacting residents’ quality of life. Their remit includes:

Advocacy and Support. Ombudsman representatives look out for the rights and needs of long-term care residents, particularly those who may have no other advocates.

Complaint Investigation. The Ombudsman program investigates complaints from about issues such as elder neglect and abuse, rights violations, and standards of care.

Education and Training. The program provides residents and their families with information on residents’ rights. It also provides facility staff with training on best practices for resident care and their state and federal legal obligations, including those around mandated reporting.

Quality of Care Observation and Reporting. Ombudsman representatives make regular, unannounced visits to facilities to monitor care conditions, which helps identify systemic issues and areas for improvement. They document their findings and report any serious concerns to state authorities. Areas typically investigated by the Ombudsman include dietary concerns, improper discharge or transfer, inappropriate use of chemical or physical restraints, and any issues related to medical care.

Promote Policies and Reforms. At a broader level, the Ombudsman program advocates for improvements in long-term care policies at both the state and federal levels.

The Ombudsman and Reporting Elder Abuse in Nursing Homes

If you suspect elder abuse in a nursing home but aren’t sure what to do about it, the ombudsman can help you by reviewing and investigating the allegations, determining their credibility, advocating for you and your loved one, and moving towards a resolution.

As a mediator, an ombudsman representative will work with facility staff to resolve complaints, always acting in the best interests of your loved one. They can help you report nursing home abuse to the appropriate authorities, advise you of your rights, and, if necessary, assist you in moving your loved one to a different facility. Keep in mind that the program is not designed for emergency situations. If your loved one is at immediate risk of harm, contact 911.

How to Contact Your Local Ombudsman

In California, all long-term care facilities are required to publicly post the CRISISline number and contact details for the nearest ombudsman branch. The program has branches all over the state. A full list of California ombudsman branches can be found here.

Seeking Legal Assistance from a Nursing Home Abuse Attorney

While the ombudsman can help you navigate reporting processes, they can’t provide legal advice or assistance. If you suspect that your loved one has experienced elder abuse, consider contacting a California elder abuse attorney with experience in this type of litigation. You may be eligible to receive compensation.

Mike

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