What Should I Do If I know Someone Is Being Abused?

To whom should I report?
Each state designates a lead agency or agencies to assume responsibility for investigating abuse reports. Typically one or all of the following agencies will investigate:

• Long-Term Care Ombudsman Programs are federally funded programs that investigate reports of abuse in long-term care facilities. See the National Long-Term Care Ombudsman resource center for details about your State.


• Law enforcement is responsible for investigating suspected abuse both in Long-term care as well as in the community.


• Medicaid fraud and control units: Under federal law, state Attorneys General are required to investigate and prosecute fraud and patient abuse or neglect in health care facilities that participate in Medicaid.


• Adult Protective Services (APS) is the primary agency to accept reports in most states. Check your phone directory for the APS program in your community. In most communities, it is listed under the Department of Human Services or Social Services.

What will happen if I report?
Although procedures vary from state to state, a report to adult protective service programs typically will trigger an investigation to assess the following: The answers to these questions will direct investigators' response. In most cases, they will offer to help victims access appropriate services. The use of Adult protective services is voluntary. That means that the subject of a report has the right to refuse services (in some states, they can stop an investigation) unless one of the following two conditions apply: Unless either of these conditions applies, vulnerable persons are free to decide whether or not they want help, and the type of help they want.

For more about state reporting laws, click here.

Addressing Problems in Nursing Homes and Assisted Living Facilities

If you or a loved one move into a nursing home or assisted living facility, the environment changes, but not the right to make choices about daily life and activities. Living with others in a group situation creates the need to accommodate differences, but residents don't automatically give up basic rights.

Occasionally, "quality of life" goals are not met at the facility level or at the system level, and problems must be addressed. Residents, families, and others, such as long-term care ombudsmen can all be advocates for good care. If problems do arise, it may be necessary to take action to resolve concerns or problems, but this should always be based on what the resident desires.

There are several different levels of intervention, and any attempts to resolve problems may be informal or formal, inside or outside of the facilities. Addressing problems early often resolves issues before they become major complaints or serious situations.

Tips for Addressing Resident's Rights Issues

• Tell facility staff of concerns as soon as possible. Follow up with the appropriate staff.
  
• Be familiar with the admission agreement that details the contractual obligations and responsibilities of both resident and the nursing home. Expect and insist that all required care and services be provided.
  
• Ensure residents stay involved with family and friends. Make them aware of your care and activities. When you have regular visitors, staff know that others are interested and aware of care given (or not given).
  
• Understand and utilize the "Care Planning Process". 14 days after admission, staff completes a comprehensive assessment of a resident's capacity. Seven days later, staff develops a comprehensive care plan that includes measurable short-term and long-term objectives and a timetable to meet each resident's medical, nursing, mental and psychosocial needs as identified in the assessment.
  
• Participate actively in the facility's Resident Council. Your family is encouraged to participate in the Family Council. The voice of many consumers may be heard more clearly than that of a single resident or family. The nursing home must:
  
  • provide private space to meet;
  • designate staff to assist and respond to written requests; and
  • listen to the views and act upon grievances and recommendations affecting resident care and life.
  Expect staff to respond to council requests.
  
• Consult your attending physician with any concerns about medical care. A physician directs the medical care of each resident. Every nursing home has a medical director who is responsible for implementation of resident care policies and coordination of medical care.
  
• Support community involvement and interaction. You have the right to participate in activities in and out of the nursing home.

To review laws pertaining to quality of care at long-term care facilities please link to federal and state laws which set requirements to ensure quality care and quality of life for residents.

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