Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part I - Introduction to the Long-Term Ombudsman Program › Section 18-26-1-A - General

Current through June 25, 2024
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.