New Report Reveals Defects in California’s Ombudsman Program

A report prepared for the California Senate Rules Committee and released November 3, 2009 reveals disturbing problems in California’s Ombudsmen Program, which is tasked with being Californians’ eyes and ears in nursing homes throughout the state. The report, titled California’s Elder Abuse Investigators: Ombudsmen Shackled by Conflicting Laws and Duties, was requested by the Senate Committee on Aging and Long-Term Care and can be read in its entirety here.

According to the report, many cases of nursing home abuse and neglect are likely going unnoticed in California. About a year ago, the ombudsman program budget was cut by nearly half. Additionally, the report finds that ombudsmen have their hands tied in many cases and find themselves unable to report abuse and neglect that they know is occurring.

Conflicting Duties

California’s ombudsmen were originally intended to be a watchdog presence in nursing homes, advocating for elderly people and making regular unannounced visits to nursing homes throughout the state. But their role has changed. They have become responsible for handling investigations of abuse and neglect inside nursing homes, and this aspect of their work conflicts with their original role, which involved collaborating with nursing homes and acting as a liaison between residents and management. Additionally, investigations are complex and time-consuming, so most ombudsmen no longer have time to make regular nursing home visits, establish any sort of regular presence, or provide advocacy services.

Budget Cuts

Time has been made even more precious by last year’s major state budget cut, which left the ombudsman program with about half of the budget it previously had. As a result, ombudsmen now do not have sufficient time to handle investigations for all the allegations of abuse they learn about. The report found that, since the budget cut, ombudsmen are forwarding 44 percent fewer complaints to outside agencies for enforcement.

The report also revealed that in many areas, as a result of the lack of funding, volunteers are being relied upon to handle investigations of abuse and neglect. Serious questions remain as to whether relying on volunteers to handle a complex law enforcement related task is ethical or beneficial.

Confidentiality Laws

Beyond the conflicting duties and lack of funding, the report finds that ombudsmen have their hands tied when they try to pursue alleged abuse in many cases. Ombudsmen must forward legitimate complaints to outside agencies that can prosecute crimes and enforce laws that protect the elderly. But federal law prohibits them from forwarding a complaint without a release of identity from the person who made the complaint. Of course, many individuals making complaints refuse to release their names because they fear retaliation. The report found that three quarters of people who made complaints refused to release their identities.

Additionally, California is currently reviewing its interpretation of federal law as requiring that witnesses and alleged abuse perpetrators consent to allowing the ombudsmen forward a complaint to an outside agency.

Experienced elder care lawyers

If you believe that you or a loved one has been a victim of elder abuse or neglect, contact The Law Offices of James R. Gillen for a confidential consultation.