The Advocate - April 2018

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April 2018


Note from the State Long-Term Care Ombudsman

This month's column is guest-written by Pam Railsback, Local Long-Term Ombudsman in east-central Iowa:


Volunteer Ombudsmen aim to ensure all residents are satisfied with their stay in the facility. Since they work collaboratively with the facility staff to resolve concerns, the volunteer ombudsman is a great person to include in the problem-solving process. Here are some examples of when you may want to call upon your volunteer ombudsman:

  • You have a resident who seems to be unhappy despite the facility’s efforts. With the resident’s permission, the Volunteer can work with the resident to pinpoint their concerns and work with the management to come to a solution.
  • You want to ensure new admissions are adjusting to the facility routine and having a pleasant experience. Volunteers are always glad to make contact with new residents, and may receive some valuable feedback that can improve the experience for new admissions in the future.
  • Your facility received a citation from DIA due to call light wait times (for example). A Volunteer can monitor call light satisfaction and report any concerns to their point of contact. This is a great way to ensure that an issue that has been corrected stays corrected.
  • You have a family member who seems angry or upset with the facility, yet the resident voices no concerns. The Volunteer may be able to talk with the family member, or refer them to the Local Long-Term Care Ombudsman in order to discuss his/her concerns. Sometimes it’s a matter of needing to let go of past issues that have been resolved. Volunteers can help to focus on the here-and-now issues (if there are any), and encourage the family member to continue to bring concerns to management for resolution.
  • You have a resident who seems very social, yet he/she refuses to participate in activities. A Volunteer can visit with the resident in order to discuss this topic. Perhaps that conversation will result in some new suggestions for the activity program and open up a dialogue about how the resident prefers to interact with others.
  • There are residents in your facility who do not have any family or friends who visit them. Asking the Volunteer Ombudsman to make contact with these individuals can potentially decrease the resident’s tendency to feel depressed.

Remember, Volunteer Ombudsmen are available to assist your facility with a variety of issues affecting residents' overall well-being. They are invaluable resources and definitely worth some special attention as we celebrate National Volunteer Appreciation Week this month!


News & Resources
  • National Volunteer Appreciation Week is April 15-21, 2018. In 2016, 7,331 certified volunteer ombudsman program representatives contributed 609,843 hours of service nationwide, valued at more than $14 million. The National Ombudsman Resource Center has links to additional information and ideas for recognizing volunteers: http://ltcombudsman.org/omb_support/volunteer/volunteer-recognition
  • Last year, the Office of the State Long-Term Care Ombudsman (OSLTCO) entered into a compliance plan with the Administration for Community Living to resolve an issue regarding restrictions for Volunteer Ombudsman access to resident records, which violated federal guidelines. To be in federal compliance, the OSLTCO has changed its practice regarding the prohibition on Volunteer Ombudsmen accessing resident records. The new practice is that Volunteers will have access to resident records with the resident's permission and if the investigation or resolution of the resident’s concern requires the Volunteer Ombudsman to review the record. In the event a Volunteer Ombudsman needs to access a resident’s record, he/she will contact the Local Long-Term Care Ombudsman (LLTCO) to discuss the process for the record review. The Volunteer will then review the resident’s record and a second discussion will occur with the LLTCO regarding how the information reviewed will be used to advocate for the resident. The Volunteer Ombudsman must maintain the same confidentiality of information as the LLTCO regarding all matters pertaining to residents. This includes information in a resident’s record. Please contact your LLTCO if you need further information: https://www.iowaaging.gov/state-long-term-care-ombudsman/find-your-local-long-term-care-ombudsman

Resident_Tenant Health Safety Welfare
  • The Bipartisan Budget Act of 2018, which became law on Feb. 9, 2018, effectively repealed Medicare outpatient therapy caps, which functioned as a barrier to care for those receiving outpatient therapy services. As a result, Medicare beneficiaries should now be able to continue receiving outpatient therapy to improve or maintain their current conditions, or to slow or prevent the further deterioration of their conditions, without having to overcome arbitrary payment caps as barriers to care: https://www.medicareadvocacy.org/congress-did-repeal-outpatient-therapy-caps-despite-lack-of-information-on-www-cms-gov/

Involuntary Discharge
  • Unwanted transfers or discharges from a nursing home can be devastating for residents and their families. A new Issue Alert by the Long-Term Care Community Coalition discusses why this is an important issue, outlines relevant standards and requirements and provides links to data on facilities that have been cited for transfer and discharge deficiencies: http://nursinghome411.org/ltccc-issue-alert-transfer-and-discharge-requirements/
  • Consumer Voice and NORC have developed a new fact sheet on nursing home discharges to help long-term care consumers understand their rights regarding involuntary discharges. This fact sheet can also be used in training by and for members of resident and family councils, facility-in-service training and community education: http://ltcombudsman.org/uploads/files/support/nursing-home-discharges-final.pdf

Volunteer Ombudsman Program
  • Erma Bombeck has been credited with saying, “Volunteers are the only human beings on the face of the earth who reflect this nation’s compassion, unselfish caring, patience and just plain loving one another.” This saying is what I think of when I think of Iowa’s Volunteer Ombudsman Program. April 15-21 is Volunteer Appreciation Week, and I want to take this opportunity to thank each and every volunteer who serves our program. Your work is invaluable to our effort of serving the advocacy rights of residents of Iowa’s nursing facilities. THANK YOU!
  • Volunteers who have questions, concerns or thoughts to share with the Office of the State Long-Term Care Ombudsman may call (515) 725-3333 or (866) 236-1430, or email volunteervop@iowa.gov.
  • During last month’s Statewide Conference Call, you learned there were recent changes to restrictions that previously prohibited Volunteer Ombudsmen from accessing resident records. If access to a resident’s records is necessary for the investigation or resolution of a resident’s complaint, Volunteers are now able to access those records with the resident's permission and after consultation with their Local Long-Term Care Ombudsman (LLTCO). In the event a Volunteer Ombudsman needs to access a resident’s record, they should contact their LLTCO, who will discuss the process for the records review. The volunteer will then review the resident’s record and a second discussion will occur with the LLTCO regarding how the information reviewed will be used to advocate for the resident. Remember that any and all information obtained regarding a resident is completely confidential and this pertains to information in a resident’s record, as well. Please reach out to your LLTCO if you have any questions; the VOP Policy Manual (Section III, pages 14-15) and Section I of the VOP Training Manual (page 21) have been revised to reflect this change: https://www.iowaaging.gov/vop-resources

Events & Educational Opportunities

 

Elder Law Webinars

Iowa Legal Aid's Hotline for Older Iowans is offering a series of five free elder law webinars this spring. Beginning Thursdays in April and running through June, topics will include planning for the future; family law issues for older adults; Medicaid eligibility for nursing facilities; elder abuse prevention and awareness; and living on a fixed income. 

More Information

 

Webinar: "Trauma Informed Care for People Living with Dementia"

Tuesday, April 10 (12 p.m. CT)

More Information | Register

Webinar: "Legal Basics: Protecting Older Adults Against Fraudulent Schemes and Scams"
Tuesday, April 10 (1 p.m. CT)
More Information | Register


Webinar: "When Nursing Homes Close: Hear from Pilot States"

Wednesday, April 18 (1 p.m. CT)

More Information | Register


Regional Training on Opioid Misuse
Thursday, May 3 (Ottumwa) and Thursday, May 10 (Dubuque)

More Information | Register