Long-Term Care Medicaid

Ombudsman

What Does an Ombudsman Do?

The Long-Term Care Ombudsman Program is a federally mandated advocacy service that is free for nursing home and assisted living facility residents. Ombudsmen protect the Residents’ Rights of people residing in long-term care facilities. They act as advocate, mediator, educator, problem-solver, link to community resources and objective investigator of complaints. Ombudsmen can help long-term care residents obtain appropriate legal, social, recreational, physical and emotional services necessary for quality of life. Ombudsmen regularly visit long-term care facilities, monitor conditions and care, and provide a voice for those unable to speak for themselves. Residents, friends, relatives of residents, facility staff members and the community at large can all utilize the Ombudsmen.

Residents' Rights

When moving into long-term care facilities, people retain their human and civil rights, also known as Residents’ Rights. People living in nursing homes and assisted living facilities are a vulnerable population and need support, protection and advocacy. To help ensure residents in these facilities receive quality care that will result in their achieving or maintaining their highest possible physical, mental and psychological well-being, Residents’ Rights are guaranteed by the federal Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each resident” and to care for its residents in a manner that enhances their quality of life, respecting their dignity, choice and self-determination, as well as their individuality. State regulations also require Colorado assisted living facilities to uphold Residents' Rights.

What Are My Rights?

Here are just a few of your guaranteed Residents' Rights:

The right of citizenship. Residents do not lose any of their rights of citizenship, including the right to vote, to religious freedom and to associate with whom they choose.

• The right to dignity. Residents have the right to be treated with consideration, respect and dignity.
• The right to privacy. Residents have the right to privacy whenever possible, including the right to privacy with their spouse, the right to have their medical and personal records treated in confidence, and the right to uncensored communication.
• The right to personal property. Residents have the right to possess and use personal property and to manage their financial affairs.
• The right to information. Residents have the right to information, including the regulations of the facility and the costs for services rendered. They also have the right to participate in decisions about any treatment, including the right to refuse treatment.
• The right of freedom. Residents have the right to be free from mental or physical abuse and from physical or chemical restraint unless ordered by their physician.
• The right to care. Residents have the right to equal care, treatment and services provided by the facility without discrimination.
• The right of residence. Residents have the right to live at the facility unless they violate publicized regulations. They may not be discharged without timely and proper notification to both the resident and the family or guardian.
• The right of expression. Residents have the right to exercise their rights, including the right to file complaints and grievances without fear of reprisal.

For more information about Residents’ Rights, or for questions or concerns, contact the Weld County Long-Term Care Ombudsman at (970) 400-6128.