Page 116 - Ombudsman Participant Manual Optimized_Neat

Access to Records §483.10(g)(2-3)
• Resident has access to “personal and medical records” (before-access to all records) upon oral or
written request in the form and format requested by the individual (including in an alternative format or
in a language that the resident can understand), within 24 hours (excluding weekends and holidays) (i)
• The facility must allow resident to obtain a copy upon request and 2 working days advance notice to the
facility (ii)
• Facility may impose a “reasonable cost-based fee”

Grievances §483.10(j)
• The facility must have a grievance policy and provide to the resident upon request §483.10(j)(4)
• Current rights expanded
• Right to voice complaints without discrimination or reprisal and without fear of discrimination or reprisal
• Complaints may be filed orally, in writing, anonymously
• Complaints can be voiced to the facility and to agencies/entities that hear grievances
• Type of complaints now include complaints related to the behavior of staff and “other concerns
regarding their LTC facility stay”
• Residents have the right to:

o Be given contact information for the grievance official and contact information of independent
entities where grievances can be filed
o Have the complaint reviewed in a reasonable expected time frame
o Receive a written decision §483.10(j)(4)(v)

Grievance Official
Role:
• Overseeing the grievance process
• Receiving and tracking grievances
• Conducting any necessary investigations by the facility
• Maintaining confidentiality
• Issuing written grievance decisions to the resident
• Coordinating with state and federal agencies as necessary in light of specific allegations

Grievance Written Decisions
Must include:
• The date the grievance was received
• A summary statement of the resident’s grievance
• The steps taken to investigate the grievance
• A summary of the pertinent findings or conclusions regarding the resident’s concern(s)
• A statement as to whether the grievance was confirmed or not confirmed
• Any corrective action taken or to be taken by the facility as a result of the grievance
• The date the written decision was issued

Room Changes
• A nursing facility cannot transfer a resident within the facility solely for the convenience of staff, or with
the purpose of moving the resident to or from a Medicare-certified bed §483.10(e)(7)

Office of the LTC Ombudsman
Version 1.0 September 2020
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