The Long-Term Care Ombudsman Program

Long-term care ombudsmen (LTCO) help residents in long-term care living facilities understand and exercise the rights they are guaranteed by law. The sections below explain more about the Long-Term Care Ombudsman Program (LTCOP), resident rights, and how LTCOP can help.

What is the history of this program?

The LTCOP was established in all states under the Older Americans Act (Title VII) and works on behalf of residents in long-term care and assisted living facilities. The Montana LTCOP is authorized by, and acts in accordance with, the federal Older Americans Act (42 U.S.C., Section 3001 et seq.) and Title 50, Chapter 5 of the Montana Codes Annotated (MCA). Montana currently has over 350 long-term care living options.

Montana uses a decentralized system to serve residents of long-term care and assisted living facilities. The state long-term care ombudsman oversees the program, while local area agencies on aging, county councils on aging, and other contracted entities employ more than 30 certified ombudsmen to advocate for residents across the state. Each ombudsman must complete and pass a 45-hour training course to become certified.

For a detailed breakdown of how these local and state offices collaborate, please review the Montana Ombudsman Policies and Procedures.

What can an ombudsman help me with?

A trained ombudsman can help:

  • resolve problems or complaints from people living in assisted living or long-term care facilities;
  • provide information to residents about long-term care services;
  • seek remedies that protect residents who speak on behalf of other residents;
  • learn about resident rights and good care practices;
  • advise on starting resident and family councils;
  • advocate for changes to improve quality of life and care;
  • individuals become involved in their community through volunteering;
  • investigate instances where individuals are moved or released without proper notice or cause;
  • investigate claims of physical, verbal, or emotional abuse;
  • address concerns about quality of life;
  • inform the public on nursing homes and assisted living facilities; and
  • inform residents and the public about long-term care issues and concerns.

Quick Links

What are my rights?

Residents' rights are defined in the Nursing Home Reform Act of 1987 [42 CFR 483.10] and in Montana State Statutes (Rights of Long-Term Care Facility Residents, Title 50, Chapter 5, Part 11 MCA).

Residents have rights that include, but are not limited to, the right to:

  • be treated with dignity and respect;
  • be fully informed, prior to admission, of their rights, available services, and all charges;
  • be transferred or discharged against their wishes only for specific reasons provided by law, given at least 30 days' written notice of moves outside the facility, and be informed of their appeal rights and rights to live there again;
  • be fully informed by a physician of their medical condition and be given the opportunity to participate in the planning of their medical treatment;
  • be free from chemical and physical restraint;
  • voice grievances without fear of reprisal;
  • send and receive personal mail;
  • be assured privacy for visits by their spouse, or be permitted to share a room with their spouse if they are also a resident;
  • associate and communicate privately with any person of their choice;
  • have access to an ombudsman;
  • have records kept confidential;
  • file a complaint or recommend changes in policies and services for themselves or others to the resident council, facility staff, and/or outside representatives;
  • be free from restraint, interference, coercion, discrimination, or reprisal;
  • be informed by the facility of the outcome of any complaints presented;
  • ask a state agency or ombudsman for assistance in resolving grievances; and
  • examine the results of the most recent state or federal inspection of the facility and any plan of correction.

For More Information Contact:

The State Long-Term Care Ombudsman
Office on Aging, Senior and Long-Term Care Division
(800) 332-2272 
(Note: This help line is only available during normal business hours. For all emergencies, call 911.)

OR

Your Regional or Local Ombudsman
Montana Ombudsman Directory
(800) 551-3191 
(Note: This help line is only available during normal business hours. For all emergencies, call 911.)