Ombudsman Questions and Answers about COVID-19
The Centers for Medicare & Medicaid Services • March 20, 2020
The Centers for Medicare & Medicaid Services released revised and expanded
guidance for nursing homes on responding to COVID-19. This letter provides detailed direction on new visitor restrictions imposed to help nursing homes control and prevent the spread of infection.
- Residents still have the right to access the Ombudsman program.
- Their access should be restricted per the guidance above (except in compassionate care situations), however, facilities may review this on a case by case basis.
- If in-person access is not available due to infection control concerns, facilities need to facilitate resident communication (by phone or other format) with the Ombudsman program or any other entity listed in 42 CFR § 483.10(f)(4)(i
Questions and Answers
- Can an ombudsman visit a nursing facility or assisted living facility (ALF)?
- No. All volunteers and staff are temporarily restricted from making an onsite facility visit. In special circumstances, an MLO may obtain approval from the State Ombudsman to conduct a facility visit to investigate a complaint.
- How long are ombudsman visits restricted?
- The restriction began on Friday, March 13, and will extend until at least April 15, 2020. The State Ombudsman will extend this time frame if necessary for the health and safety of LTC facility residents.
- Should I respond to complaints differently right now?
- Yes, some complaints must be reprioritized. Inform the complainant that your ability to work to resolve a complaint is temporarily limited to telephone and email contact with facility staff. Explain that facilities are instructed to prioritize issues related to infection control and abuse, and therefore, these are the issues you are also prioritizing. See guidance in the Complaint Procedures section of this document.
- How does an ombudsman work to resolve complaints during this time?
- Complaint intake, investigation, and resolution must be conducted by phone, email, and video calls such as FaceTime, Skype, and Duo. Specific procedures for this work are described in the “complaint procedures” section of this document.
- What information should I give to residents, their family members, and other concerned citizens?
- For information about COVID-19 and LTC facility operations, refer to the COVID-19 sections of these site:
Click here more information and to read the full Ombudsman Questions and Answers about COVID-19.
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