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The National Association of State Ombudsman Programs, as well as advocacy groups across the country, strongly oppose some changes in the Older Americans Act, especially those in HR 4099 recently introduced by Rep. Frank Riggs. People who are concerned about the ability of the local ombudsman program to advocate on behalf of residents in long-term care facilities should also oppose these changes.

I have been the local Long-Term Care Ombudsman Coordinator for ten years. Rep. Riggs never approached me or any of the ombudsman coordinators in his district with his ideas for changing the program in the Older Americans Act. This failure to do so is remarkable. It also leaves me wondering, who did talk to him about these proposed changes? It was not an advocate for the health and wellbeing of residents in nursing homes.

Some of the proposed changes

1. The requirements for an Office of the State Long-Term Care Ombudsman and an individual to act as the ³state ombudsman² have been deleted, as has the requirement that the ombudsman serve on a full-time basis. Instead, a state agency will provide the services. This leaves open the possibility that the ombudsman and licensing and certification functions will not operate independently from one another, since they may be housed under one state agency.

2. The bill deletes reference to the ombudsman¹s role as an agent of systemic change. The bill removes the requirements that the ombudsman recommend changes in law and regulations of the long-term care system, facilitate public comment on these issues, and promote the development of citizen organizations and family and resident councils.

3. The bill enables the state agency to assign responsibilities directly to the ombudsman program. With no designated ³State Long-Term Care Ombudsman² available to focus the statewide mission of the program, these assignments could significantly alter operations and effectiveness.

4. The currently required local ombudsman responsibilities are made permissive, and the state agency is given substantial discretion to alter the focus of a local ombudsman¹s work.

5. Criteria for determining which local agency is eligible to serve as the local ombudsman program are removed and left completely to the unencumbered discretion of the state agency to determine who will be the local ombudsman.

6. All specific rules defining prohibited conflict of interest in the operation of the program are removed and a great deal of discretion is left to the state agency to define conflict of interest and to decide to whom it may or may not apply.

7. The statewide uniform reporting system for data collection is eliminated. The requirement to submit data relevant to the operation of the program is also deleted, as is all direction on which agencies are to review the data.

8. The state program would no longer be required to report on its function; analyze, comment on, and monitor laws and rules and recommend changes; be an information source on issues affecting the program¹s clients; assure appropriate training for program staff; and interact with related protection and advocacy and legal assistance agencies.

The nature and effectiveness of the program as a nationwide strategy to protect the rights of residents would be negatively affected by the adoption of H.R. 4099. The independence of the program as well as the ability to coordinate the functions of ombudsmen both within and without the borders of a state would be challenged. This bill is in desperate need of strong opposition from all quarters of the elderly advocacy community.

Maggie Kraft is former executive director of Northcoast Advocacy Services, the local nonprofit which administers the Long-Term Care Ombudsman program as well as Senior Legal Services and the Family Assistance Project.

Senior News has contacted Rep. Frank Riggs for his response to this editorial and hopes to have that response to print in the September issue.

One-time article Copyright 1998 by Humboldt Senior Resource Center.