Ombudsman Role with Investigation 1. How do you clearly and succinctly explain the purpose of a LTCO investigation? Write your statement.
2. How do you clearly and succinctly explain the LTCO role in complaint investigation? Write your statement.
3. How do you clearly and succinctly explain the difference between the LTCO role in an investigation and the role of others such as adult protective services, licensing and certification, private investigators, or police? Write your statement. Ask someone who is not familiar with the LTCOP to read your statement and tell you if it is clear and what it says to them about the ombudsman role.
4. How is the LTCO role with investigation taught to ombudsmen throughout your state?
5. Is the investigation training content consistent throughout the state?
6. 6. Is the ombudsman role taught as a position of strength, based on representing residents and on being outside of other systems?
7. If other agencies or programs provide training related to investigation skills or process for ombudsmen, is there always an ombudsman component that explains how LTCO adapt the skills or work with those programs? Do you or the other trainers give LTCO a clear understanding of how ombudsmen can use the information that is presented and stay consistent with the LTCO role?
8. If you hear ombudsmen saying that they feel powerless or ineffective because their role does not include enforcement, how do you respond?
9. Review the memoranda of understanding or agreements between the LTCOP and other agencies/programs. Is the ombudsman role clearly reflected in a way that is consistent with confidentiality provisions and approach to investigation? If not, how can you change the provisions that conflict or that need more clarity? Information about MOUs is on the NORC website in addition to some key examples from a few states.
10. If there are conflicts regarding the role of LTCO between the Older Americans Act and any state laws, what guidance is given to local LTCO about what to do? Is this guidance written and consistently followed? Tip: Conduct your analysis by examining the provisions in each document by topic.
Investigation Skills 1. Do LTCO receive training on and opportunities to practice investigation skills before being designated as a LTCO? Investigation skills are listening, observing, and using documents. Ombudsman documentation is an important component of investigation.
2. How are new LTCO mentored, supervised, or guided in their initial complaint work?
3. What happens if someone needs additional instruction or skills development? How is the need for additional work identified?
4. How do more experienced LTCO receive “refresher� training or more advanced training on refining their interviewing, observing, and documenting skills?
5. Are the sources of skills refinement education consistent with the LTCO role? For example, if LTCO attend a training on abuse taught by a physician or on interviewing taught by police and ombudsmen attend, how do LTCO know how to apply the skills in keeping with their role?
6. What guidance do LTCO receive regarding when and how to look at facility policies or a resident’s record?
7. Are there consistent LTCOP forms for ombudsmen to use when it is necessary to look at a resident’s record or to access other types of confidential information? Are these forms specific to the immediate case, the type of information needed, and time limited?
8. Is there a consistent LTCOP form for ombudsmen to use when it is necessary to obtain written consent to work on a complaint?
9. Do LTCO know how to locate and use the relevant provisions of the law, regulations, and Guidance to Surveyors, in investigating a complaint?
10. If there is a preferred method of note-taking during investigation, how is this taught? Are there clear confidentiality provisions regarding how the notes are handled before they are entered into the official LTCO case record? Is there clarity about what happens to the notes after the case record data is entered?
11. When LTCO complaints are referred to you (SLTCO) for further action, do you examine the case documentation to see if it adheres to the investigation process that has been taught and is included in your LTCOP’s policies and procedures?
12. When LTCO ask you for guidance, do you follow the same steps that have been taught and approach dilemmas in a manner that is consistent with program policies?
13. Do you visit in facilities with LTCO and observe their communication skills?
14. Are you comfortable in investigating a complaint, including in person interviews with residents and facility staff? If not, how will you improve your skills and confidence in this area?