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State of Florida officials probed about federal ombudsman violations

10/10/11
DOEA Corrective Action Plan 9-30-11.pdf

On Tuesday, October 4, 2011, the Florida Senate Committee on Children, Families and Elder Affairs questioned Department of Elder Affairs Secretary Charles T. Corley about the United States Administration on Aging's (AoA) compliance audit of the Long-Term Care Ombudsman Program (LTCOP).  

Last month, the AoA published their findings after a several month review of the Department.  The federal agency determined that the State of Florida and the Department of Elder Affairs violated the Older Americans Act in its governance of the LTCOP. Chief among those violations included interference of, and reprisal against, volunteer and paid ombudsmen in conducting advocacy on behalf of long-term care facility residents.

Although acknowledging no wrongdoing, Secretary Corley agreed "110 percent with where the Administration on Aging suggested" the Department implement plans to remedy the findings, pledging to develop all "uniform policies" to correct any federal violations.  

The Department's corrective action plan will include:

  • Volunteer Designation—Develop written practices and procedures that guarantee that the State Ombudsman retains ultimate authority over the designation and de-designation of staff and volunteers.
     
  • Legislative Advocacy—Develop written policies and practices that provide the State Ombudsman, and his representatives, unabated access to legislators, legislative staff, and legislative committees to freely perform systems advocacy on behalf of residents and registration of the State Ombudsman as a lobbyist.
     
  • Information Dissemination—Develop written policies and practices that clearly indicate the Office of State Long-Term Care Ombudsman retains the final authority to generate media releases and to initiate media contacts as the Office determines to be appropriate.
Senator Ronda Storms (R-Valrico) recommended the creation of an independent ombudsman office, an idea that she plans to present at the Governor's Assisted Living Facility Task Force in November.  
If enacted, this would clearly strengthen the advocacy efforts of volunteer and paid ombudsmen in their defense of residents' rights.


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