18 Miss. Code. R. 26-1-A
Purpose of the Program
The Mississippi Department of Human Services (also called the Council on Aging) has established the independent organizational unit called the Office of State Long-Term Care Facilities Ombudsman (OSLTCO) within the Division of Aging and Adult Services (DAAS) which shall provide program management and implementation of the State Ombudsman Program. The Mississippi Long-Term Care Ombudsman Program (LTCOP) provides services to protect the health, safety, welfare and rights of residents in long-term care facilities. The LTCOP investigates complaints and seeks resolutions that uphold the dignity and safety of the individual resident. Ombudsmen advocate for and on behalf of long-term care residents to improve their quality of care and quality of life.
Ten (10) local ombudsman programs are located throughout the state in the ten (10) Planning and Development Districts. In most areas, the administration of these local programs is through the Area Agencies on Aging (AAA), to provide, either directly or through a subcontract, ombudsman services at the local level. Within each local ombudsman program, the designated ombudsmen are responsible for Program Components. There must be a minimum of one full-time district ombudsman for each Area Agency on Aging. However, there must be sufficient ombudsmen staff to achieve Program Components throughout the planning and service area and sufficient travel funds to provide residents with regular and timely access to the Ombudsman Program. In addition, the residents and complainants must receive timely responses to requests for information and complaints.
Eligibility
Any Mississippian, regardless of age, who resides in or who is a potential resident of a long-term care facility which is subject to regulation or licensure by the Mississippi State Department of Health (therefore, it may include an illegal unlicensed facility), shall be eligible for ombudsman service. The Mississippi State Department of Health regulates Nursing Homes, Personal Care Homes-Assisted Living and Personal Care Homes-Residential Living.
Philosophy of the Program
The LTCOP is a resident-centered advocacy program. Therefore, the wishes of the resident are the primary concern regardless who is the complainant. The ombudsman will make every reasonable effort to assist, represent and intervene on behalf of the resident.
Legal Authority of the Program
The Mississippi Office of the State Long-Term Care Ombudsman Program is authorized by both state (Long-Term Care Facilities Ombudsman Act in § 43-7-51 through § 43-7-79 of the Mississippi Code) and federal law (Older Americans Act, Public Law 89-73, Older Americans Act of 1965, as amended through Public Law 114-144, enacted April 19, 2016, 42 U.S. Code Chapter 35). The Long-Term Care Ombudsman Program Final Rule is codified in 45 CFR 1324. It is a federal regulation on how to carry out the OAA. The Nursing Home Reform Law of 1987 (OBRA '87) and revised regulations in 42 CRF 483 are also very important as they provide two key provisions:
Quality of Care:Each resident must receive and the facility must provide, the necessary care and services to attain or maintain the highest level of physical, mental and social wellbeing as listed in the resident's care plan.
Quality of Life:Facilities must care for residents in a manner and in an environment that maintains or enhances each resident's quality of life.
Unit of Service
A unit of service equals one client hour and includes all activities carried out by the Ombudsman which relate to client service, training, and program management activities. Examples include the time spent on complaints/concerns made by or on behalf of a current or potential long-term care resident, the planning and implementation of public workshops on long-term care issues, attending training workshops for ombudsman and the completion of ombudsman reports. This does not include time spent completing time sheets or travel vouchers.
Applicability
These policies and procedures govern the actions of the Mississippi Office of the State Long-Term Care Facilities Ombudsman, designated district, local and volunteer ombudsman, provider agencies, Area Agencies on Aging (AAA), Mississippi Department of Human Services Division of Aging and Adult Services (DAAS) and other parties involved in the operation of the Mississippi Long-Term Care Ombudsman Program.
18 Miss. Code. R. 26-1-A