In New York State, as well as nationally, there is a decreasing number of nursing home residents and an increasing number of residents in adult care facilities (ACFs). With the ability of people to age in place in assisted living residences (ALR), there will be an increase in the number of residents in ALRs. These changes are creating several new phenomena: the average nursing home resident has multiple diagnoses; nursing homes are using their empty beds for “short-term” rehabilitation care and other services; residents are seeking to age in place in their homes, ALRs, and other home-like congregate residential settings; the New York State Nursing Home Transition and Diversion Waiver and the Centers for Medicare and Medicaid Services’ (CMS) Choices for Independence funding are intended to allow more individuals to transition from a nursing home back into the community and will prevent individuals from entering institutions; and the vulnerability of residents in nursing homes creates a need for access to lay and legal advocacy.
The New York State Long-Term Care Ombudsman Program (LTCOP) has been in existence since 1972. The Federal Older Americans Act requires every state to have a state ombudsman program, with specifically defined ombudsman functions and responsibilities. Each State Unit on Aging has responsibility for establishing its state’s ombudsman program, which carries out the following activities:
LTCOP advocates for more than 160,000 residents in 1,677 long-term care facilities across New York. These include 117,613 nursing home residents and 42,400 residents of adult care facilities, assisted living and family-type homes.
In 2010 there were 976 certified volunteer ombudsmen providing a regular presence in facilities and helping protect the care, safety and rights of residents. These volunteers donated more than 206,000 hours, valued at more than $5.7 million, effectively tripling the program's annual capital resources.
The statewide program is comprised of 37 local ombudsman programs. In 2010, these local programs handled 6,139 complaints, achieving a successful resolution in 79% of cases; responded to 6,495 requests for information and consultation from residents, families and caregivers; and responded to 3,232 requests for consultation from facilities.
