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The mission of the Florida Long-Term Care Ombudsman Program is to improve the quality of life for all Florida long-term care residents by advocating for and protecting their health, safety, welfare and rights.
The Long-Term Care Ombudsman Program (LTCOP) is a statewide, volunteer-based system of local units that act as advocates for residents of long-term care facilities. The LTCOP was established by Title VII of the federal Older Americans Act and its operation is governed by state statute, part I of Chapter 400, Florida Statutes. Through 14 district offices that together cover the entire state, volunteers work with staff to identify, investigate, and resolve complaints made by, or on behalf of, residents of nursing homes, assisted living facilities, adult family-care homes, and continuing care retirement communities.
In addition to investigating and resolving complaints, the LTCOP performs the following services or activities:
According to Section 400.022, Florida Statutes:
Nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents and shall treat such residents in accordance with the provisions of that statement. Each resident shall have the right to:
Also, federal law prevents nursing homes from discharging (removing) or transferring (moving to another facility) a resident except for the following reasons:
A nursing home must give residents 30 days written notice prior to discharge or transfer. A resident who thinks the above rights have been violated must request a hearing in writing within 90 days by sending the form given to them by the facility to: Office of Appeals Hearings, 1317 Winewood Boulevard, Building 5, Room 203, Tallahassee, FL 32399-0700. (Telephone: 1-850-488-1429)
Requesting a hearing within 10 days stops the removal of the resident until the hearing process is completed. A nursing home resident may request assistance from the Long-Term Care Ombudsman Program by calling toll-free 1-888-831-0404.
According to Section 429.28 and 429.85, Florida Statutes:
No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident shall have the right to:
Also, every assisted living facility resident shall have the right to at least 45 days’ notice of relocation or termination of residency from the facility unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. In the case of a resident who has been adjudicated mentally incapacitated, the guardian shall be given at least 45 days’ notice of a non-emergency relocation or residency termination. Reasons for relocation shall be set forth in writing. In order for a facility to terminate the residency of an individual without notice as provided herein, the facility shall show good cause in a court of competent jurisdiction.
Every adult family care home resident shall have the right to at least 30 days’ notice of relocation or termination of residency from the home unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. If a resident has been adjudicated mentally incompetent, the resident’s guardian must be given at least 30 days’ notice, except in an emergency, of the relocation of a resident or the termination of a residency. The reasons for relocating a resident must be set forth in writing.
An assisted living facility resident or adult family care home resident may request assistance from the Long-Term Care Ombudsman Program by calling toll-free 1-888-831-0404.
Considering becoming an ombudsman? Below are some of the mostfrequentlyasked questions. Click on a question to see the answer.
What exactly is an “ombudsman”?
An ombudsman is a person who investigates and attempts to resolve complaints and problems. Our ombudsmen are advocates for people who live in nursing homes, assisted living facilities and adult family care homes. The vulnerable individuals in these facilities often have no one to speak for them or keep an eye on the level and quality of care they receive. Ombudsmen are there to serve as the voice of a resident when no one else is willing or able.
What sets us apart is that our sole focus is on the resident. Where other groups are bound by regulations, we can get creative. We can be consistent. We can visit as often as we like and build impactful relationships that get real results.
So, ombudsmen are mediators?
Ombudsmen are first and foremost advocates. Ombudsmen are not in place to attempt a compromise between a long-term care facility and a family member, caregiver, guardian or resident. An ombudsman’s job is to be biased in favor of residents, and the ombudsman will do his or her best to resolve a complaint or case to the full satisfaction of the residents involved.
What kind of skills or background should an ombudsman have?
While volunteer ombudsmen come from a variety of backgrounds, the only special requirements are compassion and a willingness to help others. The Ombudsman Program provides the necessary training to becoming an ombudsman. Seasoned ombudsmen as well as District Ombudsman Managers are always available to answer questions and provide assistance.
How much time will I be expected to volunteer monthly?
Ombudsmen are asked to commit to 15-20 hours of ombudsman work per month and to attend the monthly ombudsman council meeting in his or her area.
What training will I need?
After completing the necessary paperwork, potential ombudsmen attend three sessions of classroom training and three sessions of field training. Trainings are usually provided by the District Ombudsman Manager, State Trainer or a seasoned ombudsman volunteer.
Will I have to get a background check?
Yes. In order to ensure the safety of the residents they will work with, all potential ombudsmen must undergo a Level 2 background screening prior to attending training.
Will I be reimbursed for the miles I drive and meals I eat while doing ombudsman work?
As representatives of the State of Florida, ombudsmen receive reimbursement at the current state rate. Ombudsmen also receive reimbursement for meals while doing ombudsman work. The full set of State of Florida policies for reimbursement will be outlined for you during the training process.
Where are the facilities that I will visit? How far will I have to drive?
Only as far as you want. Most ombudsmen prefer to visit facilities close to home, and the Ombudsman Program is able to accommodate this. Sometimes you may be asked to travel a little further, but the decision is ultimately yours.
Where are the monthly meetings located?
Ombudsman council meetings are usually held at the local Ombudsman Program office (when space permits), or at a nearby public venue.
I work at a long-term care facility. Can I still be an ombudsman?
Ombudsman volunteers may not be currently employed by or receiving any form of payment (including retirement benefits) from a long-term care facility in Florida or any other state.
I have a family member in a long-term care facility. Can I still be an ombudsman?
Yes. However, your visits to any facility in which your loved ones reside should remain strictly personal and as a private citizen, not as an ombudsman performing ombudsman advocacy duties.
I work full time. Can I still be an ombudsman?
While many ombudsman volunteers also hold full-time jobs, all volunteers are asked to agree to a minimum of 15-20 hours per month of ombudsman work, including attendance at each monthly council meeting.
I am (check one): Staff Resident Family Member of a Resident
Check which in-service or training you are requesting: Resident’s Rights Information on the Long-Term Care Ombudsman Program Other