OMBUDSMANOUTLOOK

THE OFFICIAL NEWSLETTER OF FLORIDA’S LONG-TERM CARE OMBUDSMAN PROGRAM

High Expectations..................................................................1Governor and Mayor Proclamations........................2Residents’ Rights Awareness..............................................3Annual Ombudsman Awards Winners...........................3Generations Come Together..............................................4Proposed Legislation...........................................................5Residents’ Rights..................................................................6

in this issue

fall/winter 2012

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VOL. 15

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After a successful 2011-2012 Fis-cal Year for the Long-Term Care Om-budsman Program, the momentum has not stopped. The program has returned to focusing on its core mission of res-ident-centered advocacy. This means that all efforts of the program are geared toward protecting the health, safety, welfare, and rights of long-term care residents. Plans for continuing improvements have become steadfast goals. The program is determined to provide the absolute best in advocacy for long-term care residents.

Part of the Ombudsman Program’s resident-centered advocacy includes performing administrative assess-ments of each long-term care facility in the state. Every year over 4,000 as-sisted living facilities, nursing homes, and adult family care homes are vis-ited. During these visits volunteer om-budsmen spend time with residents discussing their experiences at the fa-cility. These discussions provide great insight for ombudsmen to impart to fa-cility administrators and owners as to what improvements can be made.

The administrative assessment visit is one of the required quarterly visits that the ombudsman program makes to long-term care facilities in perform-ing its duties mandated by the federal Administration on Aging. Over the course of the next three years, the pro-gram is ramping up efforts to increase the number of visits to facilities to

High Expectations for the Long-Term Care Ombudsman Program

reach the one-visit-per-quarter goal. With over 4000 long-term care facilities in Florida, the recruitment of new volunteers is essential to accomplish this goal. To spearhead this effort, the program added a fulltime recruitment manager, Bryan Morgan. Bryan has implemented new approaches to re-cruitment, recognition, and retention of volunteers to serve in the program.

With the enhanced recruitment ef-forts, standardized training had to be addressed. The past year included the ground-breaking online ombudsman certification training materials cre-ated by James McFatter, the Ombuds-man Training Administrator. This new training adds needed standardization and efficiency in the program. Addi-tionally, the training administrator is charged with creating online modules that overlap across partnership agen-cies to improve cooperation. Training is a continuing discipline in the pro-gram, as all staff and volunteers are required to take additional training be-yond certification courses every year. This ensures that updated information is continually applied to the daily ac-tivities of ombudsmen.

One of the most commonly re-quested training subjects is the Florida

Baker Act and how it applies to long-term care residents. The program is in the process of creating an eight-hour online course with the Department of Children and Families Mental Health component that addresses that need in addition to more comprehensive train-ing in serving residents with mental health diagnoses. The completed prod-uct will be made available to facilities serving residents with a mental health illness so statutory training require-ments may be achieved with the hope that residents will ultimately benefit. Other agencies will have access to this training, and it will be a mandatory course for ombudsman program staff and volunteers.

Continued improvements for ac-countability and consistency are also a goal of the Long-Term Care Om-budsman Program. The program is initiating a plan to improve the report-

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Last October many proclamations were made to recognize the importance of resident rights statewide. From the Capitol to county and city mayors, the Ombudsman Program was able to stand side by side in a great month of ad-vocacy for Florida’s long-term care residents.

Annual Report now available on Ombudsman website!

* NEW 2011-2012 Annual Report*

Jim Crochet State Ombudsman

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Ombudsman Outlook Contributors:

Susan AndersonDeputy State Ombudsman

for Legal Affairs

Bryan MorganDeputy State Ombudsman

for Recruitment and Public Affairs

Franko GalosoLTCOP, Media Coordinator

Additional Contributor:

Outlook Layout:

Charles T. CorleyDepartment of Elder Affairs Secretary

Rick ScottThe State of Florida, Governor

Governor Scott and Mayors across Florida support National Resident Rights Month

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ing process for more accurate data. Quality assurance measures are being implemented to ensure quality report-ing on all resident complaint investi-gations, administrative assessments, and facility visitations. To achieve improvement, a grading scale of accu-racy will be applied to documentation. In the upcoming year, the expectation is that 45 percent of all documentation passes the level of accuracy estab-lished by the program. In 2013-2014, the goal will rise to 65 percent, and to 85 percent by September 2015 as vol-

unteer ombudsmen get more fa-miliar with the high standards.

Partnerships with the program con-tinue to grow and improve. That coop-eration has yielded better services for those we serve, the residents in long-term care facilities. By September 2016, face-to-face visits are to be es-tablished with all law enforcement en-tities within each ombudsman district where any long-term care facility is located. This is to ensure that officers are aware of the assistance ombuds-men can provide in situations where resident rights have been violated.

With the increase of volunteers, higher frequency of visitations, contin-ued completion of assessments in 100 percent of licensed facilities statewide, improved documentation reporting, better training, and continued strength-ening of partnerships within the com-munity, the Long-Term Care Ombuds-man Program has high expectations for the future. That future ensures bet-ter resources and outcomes for long-term care residents. Our residents are the reason the program strives to con-tinually improve, and program staff are honored to do so.

Interaction with the long-term care population is the most rewarding experience for volunteers in the om-budsman program. One of the easi-est ways to do this is simply explain-ing the rights residents have living in their homes.

In the Pasco-North Pinellas district, District Manager Lynn Penley held a regional resident council meeting. Resident councils are formed in fa-cilities to empower residents to ad-dress grievances with facility admin-istration. This self advocacy is very important. Penley states, “We are proud to announce that over 20 resi-dents attended the Inaugural Resi-dent Council meeting at Wellspring Assisted Living Facility in Zephyrhills on October 24. Residents are looking forward to making positive changes

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through the resident council.”

Withlacoochee District Manager Helen Anderson and her ombuds-men continued resident interaction in Central Florida, giving resident rights presentations to 22 area long-term care facilities.

In the Southwest Florida district, District Manager DeLois Williams and

To thank our outstanding citizen volunteers, Florida’s Long-Term Care Ombudsman Program recognizes its volunteers with the following awards: “Ombudsman of the Year” and “Don Hering Excellence in Ad-vocacy” award winners. The “Om-budsman of the Year” award is given to an ombudsman volunteer who is selected by the members of each of the 18 councils in the State. These individuals demonstrate exceptional efforts, going above and beyond the call of duty in advocating for long-term care facility residents.

The “Don Hering Excellence in Ad-vocacy” award is presented to one of the “Ombudsman of the Year” recipi-ants who represents the best of the best in the Ombudsman Program. The award was named after two-

her ombudsmen provided resident rights training to nursing staff in area facilities.

Ombudsmen across Florida reached out to educate residents and staff of the basic rights of all residents throughout October. The focus con-tinues all year long and the advocacy continues to touch lives.

term State Council Chairman, Don-ald Hering, for his advocacy, leader-ship, compassion and tireless work for long-term care facility residents. This award is voted upon by both the Executive Committee and the State

Council and is based on both objec-tive and subjective criteria. This year the Don Hering Excellence in Advo-cacy award was presented to Gayle Mountain. Gayle is an Ombudsman for the Pasco and North Pinellas Dis-trict. When asked if she had a memo-rable case, Gayle said, “I did so many but they are all memorable, because I was able to help the residents.” Con-gratulation to all the Ombudsman award winners!

Ray SykesAlan TudorRobert MillsMarie BrandJames JenCynthia FloydGayle MountainConstance Faison

Joanne CrainRita Steinback

Arlyne LewisShirlee LeifertLeonard Dills

Ruth Battle-HallJanice Johnson

Jeanne AnastasiMaritza Ramos-Pratt

“Don Hering Excellence in Advocacy” Gayle Mountain

District Ombudsman Manager, Lynn V. Penley, Award winner, Gayle Mountain, and State Ombudsman, Jim Crochet

Annual Ombudsman Award Winners

“Ombudsman of the Year”

Ombudsmen visit facilities statewide to raise awareness of resident rights

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Over the last year the Long-Term Care Ombudsman Program has in-creased the efforts to recruit volun-teers. Traditional avenues such as newspapers, radio and television broadcasting, and making presenta-tions are often successful in attract-ing professional and retired citizens. To attract younger volunteers, Depu-ty State Ombudsman for Recruitment and Public Relations, Bryan Morgan, began approaching universities with health care administration curricu-lums. “The appeal was to combine the experience of our seasoned om-budsmen with the eagerness to learn of students. The intergenerational combination would create a dynamic exchange of new methods being taught in the universities with years of service of ombudsmen.”

The first universities approached included the University of Miami, Florida International University, Uni-versity of South Florida, and the University of Central Florida. The Or-lando campus of UCF realized the op-portunity and became the pilot of the program. In the summer semester of 2012, five health care administration major students began the process of

with the Long-Term Care Ombuds-man Program has been exceptional. Mr. Morgan, and the other mentors of the program, have enhanced the knowledge of our students and have helped to guide them for success in their future careers. An added benefit for our students as interns with the Long-Term Care Ombudsman Pro-gram, not routinely seen with other internships, is that they receive the opportunity to become certified om-budsmen; this unique certification adds value to the students’ education and makes them more marketable in the industry upon graduation. We are delighted to have this partnership in place with the Long-Term Care Om-budsman Program, and are grateful for the wonderful experiences of-fered to our student interns.”

“I can give this partnership a very heart felt thumbs-up”  said Lowie Brannan, District Ombudsman Man-ager for the Orlando area. “ The stu-dents’ commitment to our program has been outstanding overall.  They are eager, smart, energetic, and a burst of fresh air to all of us.  They have been instrumental to the dis-trict’s ability to exceed  expectations and enhance our responsiveness to residents’ issues.”

The decision to recruit students in this particular field was inspired by the vision of an ongoing learning cy-cle. “I envisioned students beginning their careers in health care adminis-tration coming in at the ground level and understanding the rights of resi-dents,” said Morgan. “As they gain experience in talking to residents and listening to their concerns they learn to apply the resident’s needs to the rights they are entitled to. When they are interviewing for a job after gradu-ation they can provide invaluable ex-perience of working with residents to resolve complaints. This makes them more attractive to a company who is looking for quality administrators to

becoming certified ombudsmen. As a requirement of participating the student candidates must complete the necessary level-two background check and the certification training expected of all volunteers prior to the internship.

After certification training, student ombudsmen are paired with tradi-tional ombudsmen to visit long-term care facilities for annual resident cen-tered assessments. While participat-ing, the students learn how to com-municate with residents as well as learn about administration of nurs-ing homes, assisted living facilities, and adult family care homes.

Dr. Jennifer Sumner, a Director of Internship Programs at UCF describes the experience, “In the spring of 2012, I was approached about our intern-ship programs. Internships are a re-quired part of the curriculum for three of our majors; further, internships are an integral part of the learning expe-rience for our students. In order for internships to be successful, we must have engaged and willing partners to serve as hosts and mentors; the partnership that we have developed

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Generations come together for long-term care residents

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experience for students, assistance for residents, more volunteers for the program, and a pool of knowl-edgeable graduates facility owners can be confident in hiring. “

With the intership program ex-panding across the state and into more universities, the sucess of the program will be a definite asset and fullfilling venture.

er individuals, and providers of long-term care in planning and operating the LTCOP;

Revise and clarify the application, background screening, and training requirements needed to become a certified ombudsman;

Provide needed flexibility in the operation of the program within dis-tricts to eliminate strict geographical boundaries which prevent individu-als from volunteering as ombuds-men; and

Revise the terminology describing local councils to conform to s. 712(a)(5) of the Older Americans Act and to relieve the state of the unnecessary resource burdens when performing internal staffing activities.

Support of Governor Scott’s ALF Workgroup Recommendations

In addition to a revision of its own program, the LTCOP supports the recommendations of Governor Scott’s Assisted Living Workgroup that strengthen regulatory oversight and provide enhanced protection of individual rights for persons residing in assisted living facilities.

The recommendations for statuto-ry revision that the LTCOP supports, in brief, include:

Eliminate unethical or incompe-tent providers from the system;

Improve coordination between the various federal, state and local agen-cies with any role in long-term care facility oversight ;

Create a professional board with regulatory responsibility for assisted living facility administrators;

Enact more stringent requirements for hospital accountability in dis-charge planning; Enact legislation that provides ALF residents an appeal process for dis-puted discharges; and Increase funding for assistive care services, optional state supplemen-tation, and other budget categories that support the cost of care for resi-dents.

better their business.”

After the inaugural success of the internship program, Jim Crochet, State Ombudsman, is eager to see what advances the expansion of the effort will bring in the second year. Mr. Crochet explained, “The advan-tages are shared across the board,

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The State Long-Term Care Ombuds-man Program is proposing new legis-lation this year to revise the internal operating structure and procedures of the  Long-Term Care Ombudsman Program (LTCOP). The new legislation attempts to bring some efficiencies to the program and proposes to con-form Florida’s ombudsman statute to  the requirements of the federal Older Americans Act, 42 U.S.C. §§ 3001, et seq. Realignment of the in-ternal structure of the program will allow the LTCOP to move in a direc-tion more suited to effect meaning-ful quality of life enhancements for Florida’s residents in long-term care facilities.

Ombudsmen are in a unique posi-tion to ensure the dignity and quality of life of long-term care residents in a culturally appropriate manner and should make these concerns a prima-ry objective of the program. The pro-

posed legislative changes will help in efforts to retarget ombudsman resources to investigations and train-ing that emphasize the quality of life of residents. Such statutory updates that reallocate ombudsman resourc-es should ensure that the ombuds-men remain qualified and informed advocates to address the unmet resi-dent quality of life complaints.

Specifically, the proposal will pro-vide the following:

Conform terminology and pro-grammatic requirements to the Older Americans Act (in part, as directed by the Administration on Aging’s Com-pliance Review of 2011);

Allow the State Ombudsman to have final authority to make appoint-ments of individuals serving as om-budsmen;

Clarify that the term “representa-tives of the office” includes the state ombudsman, ombudsman program staff, and certified ombudsman vol-unteers; delineates the activities and duties of the state ombudsman in re-lation to ombudsmen in general;

Remove limitations on access to resident records in conformance with s. 712(b) of the Older Americans Act;

Create the opportunity for consul-tative problem solving by restruc-turing the state council into a state advisory council by expanding mem-bership to include representatives of stakeholder groups as directed by s. 712(e) of the Older Americans Act. Specifically, the Act requires the views of area agencies on aging, old-

Proposed Legislation to Retarget Ombudsman Focus and Resources

-Susan Anderson

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The month of October recognizes a handful of observations such as Co-lumbus Day, National Boss Day and Halloween. However, for the Long-Term Care Ombudsman Program the most important recognition is Resi-dents’ Rights Month.

For a full month the rights of resi-dents in long-term care are on display across the nation. These rights are the cornerstones of the Ombudsman Program. This issue of the Ombuds-man Outlook recaps the successful month of Resident Rights awareness.

Residents in long-term care facili-ties such as adult family care homes, assisted living facilities, and nursing homes retain their rights as citizens of this great country and in some cases, gain some. Throughout the year, Florida’s 18 ombudsman coun-cils are busy educating residents and facility staff through visitations, resi-dent council meetings or in-service trainings for staff. In October how-ever, the emphisis is strongest. This is not only a great way to celebrate the month but also to make contact with the residents who may need the assistance of an ombudsman.

In the 2010-2011 fiscal year the Long-Term Care Ombudsman Pro-gram assisted residents with various complaints. In assisted living facili -ties and adult family care homes the top five concerns were:

1. Medication administration and organization2. Menu3. Cleanliness, pests, general housekeeping4. Equipment/Buildings5. Dignity, respect, staff attitudes

These issues are in violation of resi-dents’ rights to have adequate and appropriate health care, live in a safe and decent living environment, and be treated with consideration, re-spect and with due recognition of personal dignity.

In that same year the Long-Term Care Ombudsman Program found the fol-lowing complaints most prevalent in nursing homes:

1. Discharge/Eviction2. Dignity, respect, staff attitudes3. Medications-administration, organization4. Failure to respond to requests for assistance5. Personal property

The rights in violation were, the right to being treated with respect and dignity, receiving appropriate health care, a right to personal pos-sessions, and the right to receive a thirty-day written notice of discharge or relocation.

For someone who does not live in long-term care these rights are taken

for granted every day. Imagine be-ing in your own home and someone talking down to you Would you ac-cept that? If you are told in your own home that you will have to accept what is given to you for dinner, would you not complain? What if you were told that you could not have person-al items like pictures of your family in your room? How could that not upset you?

How would you feel if you were not able to have visitors? We must re-member that long-term care facilities are homes for those who live there. Staff and ombudsman have the op-portunity to leave after their job is done but the residents will remain.

These are but a few of the rights that are extended to those in long-term care. Others include the right to civil and religious liberties such as voting and worshiping how they choose. Residents in nursing homes have the right to choose their phy-sician and pharmacy as well as the right to refuse medications and to know the consequences. Those in assisted living facilities have the right to share a room with a spouse if they both live at the facility, and be free of physical and chemical restraints. Again, imagine being in your own home and in a situation where such rights were not observed.

The long-term care ombudsmen who visit facilities year round are citi-zen volunteers who are trained to be experts in resident rights. Each vol-unteer shares the same compassion for others and realize that long-term care is in the future for most of us. The simple gesture of helping those who receive services now will im-prove the treatment for others in the future. It is not lost on ombudsmen that those who need their rights pro-tected are the ones that have made everyday rights for all of us possible. The full list of rights can be found on our website:

ombdusman.myflorida.com.

Ombudsmen Recognize Residents’ Rights Month