18 Miss. Code. R. 26-4-M
Facility Closures
The Ombudsman Program has the responsibility to ensure that all residents impacted by a facility closure are aware of their rights and the ombudsman program services. The ombudsman's role is to be a resident advocate for their rights and resident-directed planning. There must be interagency cooperation to achieve a smooth transition for the residents. The LTCOP will provide guidance to resident and/or their representatives regarding relocation activities and resident rights, ensuring medication and health records follow the resident to their new location, access to personal needs account funds and protection of personal property. Unless a formal complaint it made, the transition of the relocated residents can be followed up during routine visits by the ombudsman.
Upon notice that a facility is closing, the ombudsman shall:
* Support residents during the relocation process;
* Advise residents of their rights during the closure/transfer and ensure their rights are being protected;
* Report any potential violations of regulatory requirements to the licensing authority;
* Assist residents and their families about transfer options and educate them on how to choose a facility to best meet the needs of the resident.
* Maintain a log of the location of residents' transfer.
Bankruptcy
The Bankruptcy Abuse and Consumer Protection Act (BACPA) of 2005 provides for the appointment of a Patient Care Ombudsman (PCO) for bankruptcy cases when companies or individuals involved operate long-term care facilities. If the U.S. Trustee requests that the SLTCO act as PCO, the SLTCO will contact the appropriate local LTCOP to see whether that program would be willing to participate. If so, the SLTCO will accept the appointment. When the U.S. Trustee appoints the SLTCO as the PCO, the SLTCO requires monthly visit to facilities that are in bankruptcy. The local LTCOP reports to the SLTCO on the conditions at each facility named in the bankruptcy filing at least every 60 days until the court dismisses the action.
The SLTCO reviews and compiles the report for filing with the bankruptcy court. The Bankruptcy Report should include the following information:
* Facility name and city
* Current Occupancy
* On first report, establish the licensed capacity and current occupancy.
* On first report, note the history of occupancy for the building.
* In subsequent reports, note any change from the previous report.
* Note any significant change in resident mix, such as the admission of different client groups, younger residents, etc.
* Staffing Levels
* List total number of RNs, LVNs, CNAs, caregivers and social workers. Notes any increases or decreases. The Administrator usually offers this information, but it will require monitoring and confirming through observation and direct-care staff reports.
* Identify shortages, by shift if possible. If a direct patient care vacancy exists, note how long the position has been vacant and if the facility is actively recruiting to fill it.
* Note other vacancies in areas such as food service, housekeeping, administration, or maintenance if the vacancy affects care.
* Supplies and Services
* Identify any concerns involving vendors, utilities, or external support factors that may affect resident care.
* Include any problems reported involving payroll or indications of cash flow problems.
* Regulatory Issues
* List any actions taken by Licensing and Certification since the last report.
* Ombudsman Issues:
* List any complaints or concerns addressed by the Ombudsman Program during this period.
18 Miss. Code. R. 26-4-M