Library: Policy
340:105-11-254. Ombudsman complaint handling guidelines
Revised 5-13-02
Upon receipt of a complaint, the ombudsman proceeds as described in this subsection.
- (1) If the complainant has not done so, encourage the complainant to discuss the matter with the appropriate person(s) within the facility or agency. Complainants are encouraged to act for themselves when possible.
- (2) If the complainant has utilized the facility process to no avail, or does not perceive the facility staff to be responsive, or is fearful of taking direct action, the ombudsman proceeds with investigation by:
- (A) reviewing the complaint with the complainant and identifying and prioritizing issues;
- (B) evaluating the complaint for urgency;
- (C) acquiring written consent for release of information, if appropriate;
- (D) keeping a narrative log of interviews, meetings, contacts, and requests for information;
- (E) contacting parties involved to get all the facts. Identity of complainant or resident is not revealed without consent;
- (F) identifying and reviewing all state and federal regulations pertinent to the complaint;
- (G) developing a strategy for resolution with the complainant or resident. If referral is necessary, the ombudsman contacts his or her supervisor;
- (H) anticipating barriers, involving appropriate personnel, and seeking technical assistance from the State Ombudsman Office as needed;
- (I) implementing strategy for resolution; and
- (J) following up to verify that resolution, or corrections, or both, have occurred and that there is no retaliation against the complainant or resident.
- (3) Activities undertaken in resolution of complaints may include:
- (A) negotiating with a facility to change a particular long-term care facility behavior, pattern, or practice affecting a resident;
- (B) educating a resident, relative, or long-term care facility staff to resolve a problem;
- (C) affecting appropriate enforcement action by a regulatory agency;
- (D) proposing and advocating regulatory or statutory changes or additions; and
- (E) advising the complainant or resident about the right to pursue legal action.
