A bill to amend the Older Americans Act of 1965 to strengthen and improve the provisions relating to State long-term care ombudsman programs, and for other purposes.
State Long-Term Care Ombudsman Advocacy Improvement Act of 1987 - Amends the Older Americans Act of 1965 to require States to establish an Office of the State Long-Term Care Ombudsman (Office) encompassing any area or local ombudsman entity designated by the State Long-Term Care Ombudsman as a subdivision of the Office. Directs States to establish Statewide toll-free hotlines to facilitate the communication of complaints to ombudsmen. Requires States to provide assurances that Office staff are not subject to conflicts of interest and that mechanisms are in place to identify and remedy such conflicts. Immunizes Office representatives from liability under State law for the good faith performance of official duties. Directs States to provide legal counsel to: (1) the Office for advice and consultation; and (2) Office representatives sued in connection with the performance of official duties.
Requires States to provide appropriate sanctions against: (1) those willfully interfering with Office representatives in the performance of official duties; and (2) extended care facilities which retaliate against residents or employees who file a complaint with, or provide information to, the Office.
Requires State licensure and certification agencies to provide the Office with inspection reports, notices of deficiencies, and sanctions issued with respect to extended care facilities as well as other data relevant to the Office's investigations of such facilities.
Directs the Office to submit annual reports to State licensure and certification agencies, State agencies on aging, and the State legislature and Governor analyzing and suggesting resolutions to problems experienced by, and complaints received against, extended care facilities. Requires the Office to conduct annual on-site visits of extended care facilities to inform residents and personnel of program services.
Requires that office staff who do investigative work be trained in Federal, State, and local laws, regulations, and policies regarding State extended care facilities as well as investigative techniques. Directs the Commissioner on Aging to: (1) provide technical assistance and training to State Long-Term Care Ombudsman programs and Ombudsman representatives; and (2) establish a national clearinghouse for collecting and disseminating information regarding, and transferring technology among, such programs. Authorizes appropriations from FY 1988 through 1991 for State Long-Term Care Ombudsman programs.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that extended care facilities provide ombudsmen with access to facility residents and, with the patient's or guardian's consent, to the patient's medical and social records. Requires that ombudsmen be given access to individuals who are admitted to hospitals from skilled nursing, intermediate care, or extended care facilities.
Directs the Secretary of Health and Human Services to promptly notify the appropriate Office of the State Long-Term Care Ombudsman of any Medicare or Medicaid sanction imposed on a skilled nursing or intermediate care facility.
Requires the Commissioner on Aging to issue a report by January 15th of each year analyzing and suggesting resolutions to problems experienced by, and complaints received against, extended care facilities. Specifies the congressional committees, Federal agencies, and private organizations which are to receive such reports.
Amends the Older Americans Act of 1965 to require the Commissioner on Aging to designate a full-time staff of the Administration on Aging within 90 days of enactment of this Act.
Directs States to establish in their Office of the State Long-Term Care Ombudsman a home care ombudsman program and train personnel to carry out such program. Authorizes appropriations for FY 1991 to carry out such program and for FYs 1990 and 1991 to train program personnel.
Requires the Commissioner to conduct studies and issue findings regarding the: (1) practices and impact of the Ombudsman program; (2) provision of home care ombudsman services to older individuals; (3) feasibility of extending the Ombudsman program to physician, hospital, and other services received by older individuals. Directs the Commissioner to make grants to States for FYs 1988 and 1989 to demonstrate and evaluate: (1) the administration and provision of home care ombudsman services; and (2) cooperative projects between the State Long-Term Care Ombudsman Program and the State protection and advocacy program for developmental disabilities and mental illness.
Amends part B (Peer Review) of title XI of the Social Security Act to require peer review organizations to make available to Ombudsman program personnel their data showing the substantial failure of a provider to meet professionally recognized standards of health care.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Health and the Environment.
Referred to House Committee on Ways and Means.
Referred to Subcommittee on Health.
Referred to Subcommittee on Human Resources.
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