Title: Advocates For Long Term Care Residents
1LONG TERM CARE OMBUDSMAN PROGRAM
- Advocates For Long Term Care Residents
John G. McDermott, LSW, ACSW, M.Div. State
Long Term Care Ombudsman (808)
586-7268 7/25/14
2 Mahalo!
- Mahalo to the Executive Office on Aging (EOA)
and National Association of States United for
Aging and Disabilities (NASUAD). -
- Mahalo also to Diane Kawasaki!!
- Understanding Hawaiis Long Term Care Ombudsman
Program Preventing Elder Abuse.
3 History
- Original concept go-between Sweden in 1809
- Federally mandated Older Americans Act 1965
- - 1975 pilot project
- - 1978 amendment
- - 1987 Nursing Home Reform Act (OBRA)
- State of Hawaii HRS 349- 21 to 25, part III
- - 1979 amendment
- - 2007 HB807 HD1 SD2 CD1 (May 24, 2007) - 32
years late!!! - - 2008 HB2289 and SB2151 Neighbor Island
expansion - Volunteer Representative Component
- (1999 Legislative Session)
- - Began June 1, 2001
- - 170 certified representatives
- - 19 active as of July 24, 2014
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5State Ombudsman
- Robin Matsunaga
- Hawaii first state to start office
- 1967 authorizing legislation
- 1969 began operations
- Chapter 96, Hawaii Revised Statutes
- 587-0770
- www.ombudsman.hawaii.gov
- complaints_at_ombudsman.state.hi.us
6Functions (LTCO or Representatives)
- Identify, investigate, and resolve complaints
- Protect health, safety, welfare, and rights of
residents - Inform residents/families about obtaining
services by providers or outside agencies - Provide technical support to Resident and Family
Councils
7Functions (LTCO or Representatives)
- Ensure residents have regular and timely access
to services quarterly visits - Represent interests of residents before
governmental agencies - Analyze, comment on, and monitor development
implementation of federal, state, and local laws,
regulations and other governmental policies and
actions (Kupuna Caucus and PABEA Legislative
Committee)
8 Some Long Term Care Issues
- Personal Needs Allowance increase
- Transportation, Lunches, Debts
- Financial Abuse Accountability
- Federal Stimulus money social worker role
- Survey deficiency?
- Emergency Preparedness challenges
- Act 213 on-line LTC facility inspection results
- CCFFHs new role .. LTC Insurance problem
- Case Management /Exp. ARCHs/ reimbursement
- ADRC one stop shop/LTCOP www.hawaiiadrc.org
9 Long Term Care Facilities
- Nursing Homes (ICF/SNF)
- Community Care Foster Family Homes (CCFFH)
- Expanded Adult Residential Care Homes
- Adult Residential Care Homes
- Assisted Living Facilities
- Group Homes/Independent Living
- Home Health Agencies
10 Levels of Care (LOC)
- Acute hospital
- Skilled Nursing Home, CCFFH, Expanded ARCH or
Going Home Plus (DHS) - Intermediate Care Nursing Home, CCFFH, Expanded
ARCH - Custodial ARCH or Adult Day Care/Respite Care
- Assisted Living - combo
- Independent Group home, boarding home, senior
home, own home
11 Paying for Long Term Care
- Medicare
- Private Insurance
- Medicaid
- Long Term Care
- Insurance
- Out-of-Pocket
12 Administrative Rules
- Assisted Living
- http//gen.doh.hawaii.gov/sites/har/AdmRules1/11-
90.pdf - Nursing Homes
- http//gen.doh.hawaii.gov/sites/har/AdmRules1/11-
94.pdf - Adult Residential Care Homes (includes Expanded)
- http//gen.doh.hawaii.gov/sites/har/AdmRules1/11-
100-1.pdf - Community Care Foster Family Homes
- http//hawaii.gov/dhs/main/har/har_current/AdminR
ules/document_view
13- HAWAII ADMINISTRATIVE RULES
- TITLE 1
- DEPARTMENT OF HEALTH
- CHAPTER 90
- ASSISTED LIVING FACILITY
- 11-90-1 Purpose
- 11-90-2 Definitions
- 11-90-3 Licensing
- 11-90-4 Minimum building and structural
requirements - 11-90-5 Emergency care and disaster planning
- 11-90-6 General policies, practices and
administration - 11-90-7 In-service education
- 11-90-8 Range of services
- 11-90-9 Records and reports
- 11-90-10 Admission and discharge requirement
- 11-90-11 Severability
14 Residents Rights in Assisted Living
Facilities (chapter 90)
- The facility shall have written policies and
procedures - which incorporate the assisted living principles
of - individuality, independence, dignity, privacy,
choice, - and home-like environment.
- The resident shall be informed of his or her
rights, - including steps for complaints and appeals upon
- Admission.
August 12, 1999
15 Residents Rights (F151)
- A Facility MUST protect and promote the rights of
each resident!! - Dignified existence / Home-like Environment
- Self-determination
- Communication/access
- Exercise rights as a citizen of USA
- Free from interference, coercion, discrimination
and reprisal
16 More Residents Rights
- Even if adjudicated incompetent, facility must
respect the residents wishes to the maximum
extent practicable (F152) - Facility must inform residents of their rights in
writing and orally in a language resident
understands (F156) OLA - Resident has right to access ALL records
pertaining to him/herself and purchase copies
(F153)
17Why We Need Representatives For Hawaiis Long
Term Care Residents
18Hawaiis Long Term Care Residents
- 12,129 LTC residents state-wide
- - 49 Nursing Homes (4,309 beds)
- - 502 Adult Residential Care Homes
(ARCH), exp, type I and II (2,748 beds) - - 13 Assisted Living (2,249 beds)
- - 1,130 Community Care Family Foster Homes
(2,823 beds) .Total community beds 7,820 - Total 1,694 Facilities
(7/24/14)
19 Long Term Care Ombudsman
Program Staffing
- 1 State LTC Ombudsman - John G. McDermott
- 1 LTC Ombudsman Specialist Susan Miyamoto
- 1 LTC Ombudsman Volunteer Coordinator
- Ashley
Muraoka-Mamaclay - 1 Clerical Support (eliminated by 2005
Legislature) - National Institute on Medicine (1995) MINIMUM
- Staff Recommendation 1 for 2,000
(HI12,129)
20 National Statistics
- More than 2 million elderly Americans are victims
of neglect or mistreatment every year - According to the National Elder Abuse Incident
Study, only 15 of all elder abuse is reported.
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40Knowledge is Power
- Older Americans Act of 1965
- The National Consumers Voice for Quality LTC
(formerly NCCNHR) - Nursing Home Ombudsman Demonstration Pilot 1975
- Long Term Care Ombudsman Program 1978
- Omnibus Budget Reconciliation Act of 1987 (OBRA)
- a.k.a. -Nursing Home Reform Act of 1987
- www.Medicare.gov Nursing Home Compare
41Kupuna Caucus!!
- Meets monthly at State Capitol
- Movers and Shakers
- Agenda Info
- Call Senator Suzanne Chun-Oakland
- 586-6130
- Next Meeting August 1, 2014
- Room 309, 130 -330 pm
42 Community Resources
- Elderly Affairs Division
- Geriatricians/Case Managers/RNs and SWs
- Department of Veterans Affairs (PNA)
- DOH OHCA
- DHS/EOA/Office of Consumer Protection
- Senior Companion Program /AARP
- Family Caregivers Network / Hospice
43 Hawaii Legislators
- Are you registered to vote??
- www.capitol.hawaii.gov
- Public Access Room
- 587-0478
- par_at_capitol.hawaii.gov
44 Act 213!!
- ALL long term care facility inspections will be
on DOH website beginning July, 2015! - Similar to Nursing Home Compare
- website on medicare.gov
-
- CCFFHs moving from DHS to DOH
- starting July 1, 2014.
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46Do not regret growing older. It is a privilege
denied to many. Author Unknown