Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-M - Facility Closures and Bankruptcy

Current through June 25, 2024
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.