Older Americans Act: Long-Term Care Ombudsman Program Page: 2 of 6
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CRS-2
1987, the program was given a separate authorization of appropriations (P.L. 100-175)
and, in 1992, the program was incorporated into a new Title VII of the Act authorizing
vulnerable elder rights protection activities (P.L. 102-375). Also in 1992, a provision was
added to the OAA amendments requiring AoA to establish a permanent National
Ombudsman Resource Center. The most recent amendments to the OAA in 2006 (P.L.
109-365) made no major changes to the program.
There are 53 state LTCOPs operating in all 50 states, the District of Columbia,
Guam, and Puerto Rico, and 569 local programs as of 2006.2 The AoA's National
Ombudsman Reporting System (NORS) compiles national statistics relating to
ombudsman activities. This information includes number, status, and type of cases
reported to state and local ombudsman programs; data on staff, volunteers, and funding;
and, other ombudsman activities.
Function. The OAA requires state units on aging to establish an Office of the
Long-Term Care Ombudsman. The functions of the state ombudsman programs are
mandated by law and include identifying, investigating, and resolving resident complaints;
protecting the legal rights of residents; advocating for systemic change; providing
information and consultation to residents and their families; and publicizing issues of
importance to residents. Complaints investigated by ombudsmen relate to actions,
inactions, or decisions of long-term care providers or other agencies that adversely affect
the health, safety, welfare, or rights of residents. Among its other responsibilities, the
Office is to analyze and monitor federal, state, and local policies that affect residential
long-term care facilities.
The law requires that a full-time ombudsman administer the program at the state
level; local ombudsmen may be designated by the state and are considered to be
representatives of the Office. According to AoA, most state ombudsman programs are
located in state units on aging, but programs in 15 states and the District of Columbia3 are
located in other types of organizational settings, such as non-profit organizations.
Variations exist partly because the OAA gives each state leeway in determining many
aspects of the ombudsman program. For example, states can decide (a) where
ombudsman programs may be located organizationally within the state, (b) whether
enabling legislation should be passed at the state level, and (c) whether additional funding
1 (...continued)
and other similar facilities. For further information, see CRS Report RL31336, OlderAmericans
Act: Programs, Funding, and 2006 Reauthorization (P.L. 109-365) by Carol O' Shaughnessy and
Angela Napili.
2 Guam's ombudsman program is for all elderly, not just those residing in long-term care
facilities. In addition, ombudsman programs in 12 states are authorized or mandated under state
law advocate on behalf of consumers who receive home and community-based care. For further
information, see M. Miller, Home Care Ombudsman Programs Status Report: 2007, National
Association of State Units on Aging, November 2007.
3 Based on CRS discussions with Sue Wheaton, Ombudsman Program Specialist, Administration
on Aging, as of November 2006, programs in Alaska, Colorado, Connecticut, District of
Columbia, Kansas, Kentucky, New Hampshire, New Jersey, Maine, Oregon, Rhode Island,
Virginia, Vermont, Washington, Wisconsin, and Wyoming are either free-standing programs or
located in private, non-profit agencies or a larger government ombudsman program.
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Older Americans Act: Long-Term Care Ombudsman Program, report, April 17, 2008; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc805947/m1/2/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.