Long Term Care Ombudsman programs are inadequately funded and yet, they are instrumental to resolving complaints made by or on behalf of residents in nursing homes. Their findings that are turned over to the State licensing and survey teams often result in citations due to the nursing home's failure to comply with Federal regulations.
Therefore, civil penalties assessed against the nursing homes should be for no other purpose but to be used to either supplement the Ombudsman funding and used to fund recruitment or more specialized for nursing home evaluators.
Reducing the penalty or returning the money to the nursing homes is a disincentive. There is no real benefit to the residents in doing so.
Appropriating the funds to increase ombudsman presence in the nursing homes do result in more attention to nursing home residents by staff and improved quality of care and quality of life of residents as well as prevention of abuse or neglect.
Funds that are given to the Ombudsmen program result in "good use" of the money and would directly "best benefit nursing home residents". Classic examples of these direct benefits include but are not limited to - residents educated and empowered to exercise their rights; residents receiving better care as a result of Ombudsmen participating actively in their care plan meetings, especially those residents who have no family, legal decision makers or significant others who can advocate for them; ombudsmen presence in resident council meetings that strengthen their self-advocacy; and indirectly, facility staff who become better educated about the rights of the residents in their care.
A survey of family members and residents who have received Ombudsmen intervention would reveal that their quality of lives and care truly improved after an Ombudsman's intervention. Ombudsmen protect the health and property of nursing facility residents. They can do more with funding from the Civl Penalty funds.
Nona Tolentino-CA
This is comment on Proposed Rule
Medicare and Medicaid Programs: Civil Money Penalties for Nursing Homes
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