What Is a Healthcare Ombudsman? Arkansas Guide for Facilities

As part of the Older Americans Act (OAA), the Long-Term Care Ombudsman Program (LTCOP) was created to protect elders across the country. Through their obligatory participation, each state is required to train representatives — or ombudsmen — as advocates for the needs of LTC facility residents.

Arkansas Long-term Care rules and regulations compliance is overseen by the state’s Department of Human Services (DHS), which uses the Ombudsman Program as an additional safeguard for LTC residents. The program helps to ensure Arkansas senior citizens live full, robust lives away from their homes. By spending one-on-one time with residents, an ombudsman helps settle issues affecting their health, safety, and well-being.

What Does an Arkansas State Ombudsman Do?

If a resident has a complaint about an issue affecting their quality of life, they can reach out to a state ombudsman. Arkansas representatives investigate claims and take the appropriate steps to improve individual situations. This often involves interviewing staff and observing conditions at a long-term care facility. If there’s a dispute between a resident and a staff member, the ombudsman may serve as a liaison to resolve the issue.

An ombudsman’s primary duty is to advocate for elders to ensure their resident rights are protected. They do this by educating long-term care facility residents and empowering them to self-advocate in the care setting. Facilities in Arkansas follow the resident rights described in the Nursing Home Reform Act, which include:

• Right to a dignified existence: Being treated with respect and dignity, getting quality care, and being free from abuse and neglect
• Rights during discharge and transfer: Having reasonable notice (at least 30 days) for a discharge or transfer from a facility, and having somewhere to return to after a hospitalization
• Right to self-determination: The right to choose healthcare providers and refuse or discontinue treatment
• Right to be fully informed: The right to access information about individualized care plans, new roommates, state survey reports, and other details affecting quality of life
• Right of access: The right to accept or refuse visitors
• Rights regarding financial affairs: Being able to manage personal affairs and learn more about financial support services
• Right to privacy: Accessing health information and maintaining privacy regarding financial and personal affairs

Who Does a Healthcare Ombudsman Work With?

Any national, state, or local representative may serve as an ombudsman. Arkansas programs allow representatives to visit facilities to build relationships with elders and investigate issues as they arise. Examples of individuals who may contact an ombudsman include:

• Residents or families at long-term care facilities.
• Elders seeking a long-term care facility for residence.
• Staff or administrators with concerns about conditions at a facility.
• Advocacy groups interested in improving elder rights.

At a healthcare facility, an ombudsman may speak to residents, families, and staff to resolve disputes or complaints. Outside of the healthcare facility, ombudspeople coordinate with representatives from national programs to stay informed of the latest federal and state elder laws.

How Can I Contact the Arkansas LTC Ombudsman Office?

Healthcare staff, patients, and their family members are encouraged to reach out to their state ombudsmen with any questions or concerns. Arkansas-specific ombudsman office contact details can be found in the table below.

If you’re looking to contact a regional office of long-term care, Arkansas contact numbers and addresses can be found on the Arkansas ombudsman program homepage.

Tips for Facilities Working With a State Ombudsman

An ombudsman may visit residents of nursing homes, assisted living facilities, and other residential care communities. Healthcare leaders in these facilities are responsible for educating staff about ombudsman programs and what to expect during a visit. Below are a few tips to prepare staff for a potential visit:

1. Facilitate Visits Between Residents and Ombudsmen

The resident’s right to see an ombudsman may supersede a facility’s visiting policies, according to CMS visitation guidelines. Check with your state regulations before denying ombudsman visitors entry. Upholding transparent access between residents and their ombudsmen representatives can help identify potential issues early, before they escalate into investigation-worthy grievances.

Takeaway:

Creating simple (obstacle-free) pathways to meaningful representation for your residents can enhance their satisfaction and boost your facility’s image.

2. Engage With Ombudsmen Cooperatively

Collaborate with ombudspeople as they investigate concerns and/or complaints. By participating in their process, and following their recommendations, their advocacy can help shape your programs to fit resident needs, benefitting satisfaction scores and environmental morale (for staff and residents, alike).

Takeaway:

Facility goals (and mission-directed values) often align with the overall objectives of the ombudsman program. By collaborating with ombudspeople, facilities enlist further support in driving better resident experiences and outcomes.

3. Know the Scope of Ombudsman Collaborators

To best protect patient privacy when discussing personal information, it’s important that staff know the limits of what they’re able to share (including with ombudsmen). Educate and train your workforce on HIPAA and confidentiality laws, enlisting the assistance of ombudsmen to help define the boundaries of confidentiality.

Takeaway:

All ombudsman investigations follow the rules and regulations of confidentiality that apply to anyone working with protected health information. However, with any increase of information transfer, it’s important to ensure staff are well-educated on the bounds of confidentiality.

4. Remember That Ombudsman Visits Aren’t Punitive

Inform staff that while an ombudsman may evaluate the environment and living conditions in a facility, the purpose of the visit is resolution, not punishment. Unlike a state survey agency, ombudspeople can’t issue citations for failure to meet certain conditions. In fact, their assistance can often prevent formal complaints or citations if facilities collaborate fully, allowing them unrestricted access to residents and heeding their follow-up recommendations.

Takeaway:

Creating a culture that prioritizes excellence means making the most of all readily available resources that may assist with quality improvement. Ensure that staff recognize that the ombudsman program is one of those resources, ingraining their value into organizational culture.

Find More Ways to Support Long-Term Care Residents

An effective way to support residents at your long-term care facility is to work alongside your local ombudsman. Arkansas healthcare leaders committed to fostering excellence at their facilities can find additional quality improvement strategies through our wide array of facility guides and best practice insights.