ABA Family Legal Guide

The Rights of Older Americans

Nursing-Home Care

What is the long-term care ombudsman program?

The federal Older Americans Act requires every state to operate a long-term care ombudsman program. The ombudsman is responsible for advocating on behalf of nursing-home residents and residents of other long-term care facilities, such as assisted-living or board-and-care facilities. The ombudsman provides education on long-term care options and residents' rights, and investigates and resolves complaints made by or on behalf of residents.

Most states operate local or regional programs with paid or volunteer ombudsmen. Residents and family members often find ombudsman staff to be helpful partners in resolving problems. Federal law requires nursing homes to allow the ombudsman access to residents and access to resident records. In addition, the ombudsman usually has special authority under state law to inspect records and take other steps necessary to respond to complaints.