How Does the Long-Term Care Ombudsman Address Complaints and Concerns?
The Ombudsman program serves as a focal point whereby consumers of long-term care or their representative can voice their concerns and have their complaints addressed formally. The ombudsman investigates and works to resolve concerns through counseling, negotiation, and formal complaint investigation.
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The ombudsman helps consumers advocate for themselves through a process of information and referral and empowerment. This occurs by telephone, e-mail or by a facility visit from a volunteer ombudsman.
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Negotiation occurs between parties with the ombudsman serving as a facilitator focused on residents' rights advocacy.
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Both parties express their concerns, issues, and desires.
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Resolution occurs if both parties agree on the solutions.
Formal Complaint Investigation - Resolution Focused
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Ombudsman acts on behalf of the long-term recipient.
- Requires a signed waiver of rights to confidentiality, which permits the Ombudsman staff to review records.
- Anonymous complaints are accepted, although the scope of the investigation may be limited.
- Ombudsman obtains facts and relevant information to determine if the grievance is valid and facilitates a resolution of the problem.
- Complaint investigations are kept confidential and are not subject to the Freedom of Information Act.
Possible categories of findings:
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Verified: It was determined that the circumstances described in the complaint are substantiated or generally accurate.
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Not Verified: It is determined after a formal investigation that the circumstances described in the complaint could not be substantiated.
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Government policy or regulatory change or legislative action is required to resolve the issue.
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Not resolved to the satisfaction of resident or complainant.
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Withdrawn by the resident or complainant.
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Referred to other agency for resolution and:
1. Final disposition not obtained.
2. Other agency failed to act. -
No action was needed or appropriate.
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Partially resolved but some problem remained.
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Resolved to the satisfaction of resident or complainant.
To File a Complaint About a Particular Facility
Contact the Regulatory Licensing Agency:
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Nursing facilities are licensed in Virginia by The Office of Licensure and Certification (OLC).
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Assisted Living Facilities are licensed by the Virginia Department of Social Services.
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Health professionals are licensed by the Virginia Department of Health Professions (doctors, nurses, administrators, etc.).
To Contact Your Legislator
About Long-Term Care Issues:
You may call and find out the name of your Representative or Senator
at 202-224-3121 or by visiting the U.S. House of Representatives
Web site or the U.S.
Senate Web site.
You may write or e-mail your Representative or Senator at:
Representatives:
Representative (Name)
U.S. House of Representatives
Washington, D.C. 20515
E-mail your U.S.
Representatives
Senators:
Senator (Name)
United States Senate
Washington, D.C. 20510
E-mail your U.S.
Senators
For a sample letter to your Representative or
Senator,
please visit:
http://legis.state.va.us/1_cit_guide/contacting_my.html
To Research Current and Proposed Legislation
Contact:
Long-term care facilities are regulated by the Code of Virginia. Current
and past legislation can be accessed using the Legislative Information System
(Virginia Administrative Code).