1. Long-Term Care Ombudsman Program Collaborations with Legal Services Developers and Title IIIB Legal Services

2. LTC Ombudsman Program Empowers residents Addresses complaints
Advocates for improvements in the long-term care system

3. 53 State Ombudsman Programs
State Units on Aging & Disability
Other State Agencies
Legal Services Programs
Other nonprofit organizations
575 Local Ombudsman Entities
Area Agencies on Aging
1200+ Local Program Staff
8200+ Certified Volunteers

4. 2013 Ombudsman Activities 190,000+ complaints
24,000 resident and family council meetings
5400 trainings for facility staff
129,000 consultations to facilities
335,000 consultations to individuals
…plus…
Individual and community education
Public comments on laws and regulations
Legislative testimony
Working groups, committees

5. State and Local Coordination with others responsible for the health, safety, well-being or rights of residents:
AAA Programs
Aging & Disability Resource Centers
Adult Protective Services
Protection & Advocacy Programs
Licensing & Certification
Medicaid Fraud Control Units
Law Enforcement
Courts
Victims Assistance Programs
Legal Services Developers
Legal Assistance Programs

6. Project – Collaborations Between LTCOPs and Legal Services Developers, Legal Services Programs
Questionnaires
Phone interviews
outreach

7. w/ Legal Services Developers
Collaborative Efforts
Joint trainings
Policy collaboration
Technical Assistance
Joint workgroups or task forces
Education of state and federal policy makers
Monitoring laws and regulations

8. Barriers to Collaboration
Lack of a dedicated Developer
Lack of state emphasis on legal services for seniors
Inadequate or no funding for Developer work
Developer not an attorney
Lack of knowledge or understanding about each other’s roles and responsibilities
Age requirements for legal assistance under the OAA

9. Examples of Collaboration
LSD is the primary provider of technical assistance and information to the SLTCOP on issues such as guardianship and elder abuse
Development of consumer information on elder abuse and exploitation
Legislative advocacy – i.e., increasing the personal needs allowance, establishing an Office of Public Guardian;
Review of program policies and procedures;
Developed a plan of action for dealing with residents moving out of facilities into the community

10. w/ Title III-B Legal Services Providers
Collaborative Efforts
Case referral*
Provision of legal services to LTCOPs through contract
Development of consumer information
Comments on proposed regulations
Legal advice, counsel, opinions to LTCOPs
Technical assistance between the programs
Training
Policy analysis
Issues for case referral include: Involuntary discharge; guardianship; other surrogate decision-making issues; Medicaid and other program eligibility issues; access to medically necessary services or supports; subpoenas; …

11. Barriers/Challenges to Collaboration
Confidentiality restrictions
Limited resources
Program priorities do not align
Time constraints
Lack of MOUs cause challenges in coordination
Lack of LTCO access to a III-B service provider contracting with their agency

12. Recommendations
Create opportunities for cross-training at the state and national levels through conference, webinars, conference calls to increase exposure and recognition of programs
Develop MOU to detail roles and responsibilities of entities when working on cases, sharing of information, establishing referral processes, exploring avenues for cross-training
Promote regular meetings to discuss cases and issues, and how they can more effectively collaborate
Seek out opportunities to work together on systemic issues through joint participation on legislative coalitions, training conferences, Olmstead Councils
Coordinate legislative agendas or priorities to identify common areas of interest or concern

13. Lori Smetanka lsmetanka@theconsumervoice.org 202-332-2275, x206
The National Long-Term Care
Ombudsman Resource Center (NORC)