Ombudsmen Serve as Nursing Home Residents’ Best Allies

BR1_0522When Ralph came home from the hospital after a scheduled surgery, he was shocked to find he was being evicted from his nursing home. That nursing home was his home, and he had nowhere else to go if they kicked him out. With help from LAF’s ombudsman team who successfully argued that his “involuntary discharge” violated Medicaid regulations, he received a large settlement from the facility and was able to find another place to call home.

For people in long-term care, it can be a struggle just to understand what rights they have or where to go if they’ve been violated. “There’s a lot about the system that is difficult for anyone to understand, much less someone with mild dementia or someone recovering from a stroke,” says Suzanne Courtheoux, Regional Ombudsman for Lake County and Supervisory Attorney at LAF. That’s why her team includes 14 paralegals who spend at least three days each week visiting nursing homes and other long-term care facilities across Lake and Suburban Cook Counties to check in with residents, investigate complaints, and advocate on their behalf when necessary. “Even if some of what we do isn’t strictly ‘legal’ work, what we do as ombudsmen has a lot to do with what LAF as a whole does; we protect the rights of vulnerable residents,” she explains.

Since nursing homes represent one of the most heavily regulated industries, the job of ombudsmen often comes down to simply educating nursing home staff. For example, a nursing home might listen to the agent under Power of Attorney rather than the resident. “Just because you’re in a long-term care facility doesn’t mean you’ve lost the right to make your own decisions,” says Suzanne. “We have to come in and make sure they understand that the resident still gets to make that decision.”

They still deal with plenty of traditionally ‘legal’ issues, like Ralph’s involuntary discharge. In fact, nursing home evictions in Illinois have more than doubled in the last five years, and while there are perfectly good reasons for discharging a resident, understaffed facilities have been known to pressure residents—particularly those that require more staff  time—to move, even if transferring facilities is not in their best interest. With a growing number of complaints that residents have been wrongly transferred to hospitals or homeless shelters and then refused readmission, ombudsmen are more important than ever in protecting residents’ rights, empowering them to make their own decisions, and assuring they receive the best possible quality of care and quality of life. Thanks to the efforts of Suzanne and LAF’s team of Ombudsmen, nursing home residents like Ralph are safer, more protected, and more in control of their lives.

 

 

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