July 2025

What’s New?

INVOLUNTARY

Involuntary, a short film documenting the impact of involuntary discharges on nursing home residents, focuses on Carlton, a man in his 70s suffering from dementia, who is moved from a nursing home in the middle of the night.

Involuntary and inappropriate discharges from nursing homes have long plagued nursing home residents and their families. Residents are often uprooted from nursing facilities (their homes) and forced into new living situations that can be unsafe and life-threatening. Involuntary documents the devastating impact inappropriate and illegal discharges can have on nursing home residents. For residents, advocates, and families, the short film will be all too familiar.

Watch this 13-minute film for free on the filmmaker’s website. Involuntary was an official selection at the Cleveland International Film Festival, the DC Independent Film Festival/DCIFF, and the Justice Film Festival. It stars Jack McGee, Jessie DiFranco, and Faith Taylor.

On April 28, 2025, the Centers for Medicare and Medicaid (CMS) updated guidance on nursing facility regulations requiring nursing facilities to send all written discharge notices issued to residents and also to the long-term care ombudsman. Since the new requirement has been in effect, the Kentucky State Ombudsman Program is receiving nearly double the number of discharge notices. Unfortunately, additional funding has not been allocated to the LTCOP to handle this extreme increase in notices.

When a discharge notice arrives, the Resident Advocacy Manager reviews the document, notes any deficiencies, and forwards the notice to the appropriate District Ombudsman Program. The District Ombudsman will review the document, identify the resident, and speak with them on a visit to investigate whether the resident agrees with the notice or would like to appeal the discharge.

Complaints about Transfer and Discharge are some of the most common problems ombudsmen resolve. They are complex, requiring a clear understanding of the regulations surrounding discharge, residents’ rights, and appeal processes. Cases that go to a Court Hearing may also involve securing legal representation from one of Kentucky’s Legal Aid Providers.

Ombudsman intervention is essential in ensuring residents are not evicted against regulations, to improper locations, or without a proper opportunity to appeal.

Action Alert

The Older Americans Act (OAA) turned 60 years old! For 60 years, the Older Americans Act (OAA) has connected older adults and their caregivers to services that help older adults age with health, dignity, and independence. The Long-Term Care Ombudsman Program is part of the Older Americans Act. Ombudsmen are resident advocates. America’s aging population is growing. One in five Americans are projected to be 65 or older by 2030. It is essential that Congress increase investments in the OAA so it can continue to serve older adults and caregivers in every community in the country.

On Friday, June 20, 2025, Senators Cassidy (R-LA) and Sanders (I-VT), along with leading members of the Senate Special Committee on Aging, introduced the Older Americans Act (OAA) Reauthorization Act. The bipartisan legislation would reauthorize programs under the OAA through fiscal year 2030 and advance reforms that encourage innovation, enhance program flexibility, and ensure stronger support for caregivers and direct care professionals.

Enhancements to the Long-Term Care Ombudsman Program specify that the National Director role will be a full-time position, reinforcing stable leadership and effective oversight. The legislation also directs a review of volunteer training standards. Other key provisions include an 18% increase in funding authorization over four years, the launch of a clearinghouse for legal training resources on elder abuse prevention, and elder abuse training in the National Family Caregiver Support Program. Read the press release.

Congress will be making decisions very soon about how much money to allocate to OAA long-term care ombudsman program, in-home services, meals, transportation, wellness activities, caregiver support and vital programs being offered in your community via the Older Americans Act!

Make sure YOUR Senators and Representatives know how important federal funding for OAA is!

You can find your Senators and Representatives and call and/or email them through this website. It is important for Congress to fund Older Americans Act (OAA) programs and services that are essential to the health and independence of millions of older adults and caregivers, including the older adults and caregivers in Kentucky. You can ask them to prioritize increased funding for OAA programs and services in their FY 2026 funding bills so that older adults and caregivers in our state and around the country can get the help they need!

Residents Displaced After Fire

Residents of DAVCO personal care home in Owensboro evacuated the facility after a fire. Residents were relocated to an empty facility in Bowling Green. Check out this ABC 13 WBKO News story about how the Barren River Long-Term Care Ombudsman Program and others assisted residents.

Fire Safety Codes and Prevention in Long-Term Care

On the night of July 14, 2025, a fire broke out at the Gabriel House assisted living facility around 9:50 pm that resulted in the death of ten residents. The blaze was the deadliest fire in Massachusetts since 1984. Authorities, including the Massachusetts State Police, say the cause of the fire is unclear but “does not appear to be suspicious at this time.” With such a tragic and devastating incident, it speaks to the importance of well-regulated and enforced fire safety standards in long-term care.

Kentucky has a statutory obligation to ensure life safety through consistent, enforceable standards across a wide range of building types and uses, which include assisted living facilities. Pursuant to Kentucky Revised Statute 194A.703, each Assisted Living Community shall comply with applicable building and Life Safety Codes (LSC), Life Safety Codes are a set of standards governed and published by the National Fire Protection Association (NFPA). Currently, the Kentucky State Fire Marshal adheres to several sections of the NFPA, in addition to the National Electrical Code and the Kentucky Building Code, to inspect new and existing buildings pursuant to established standards found in Kentucky Administrative Regulation 815:10:060. In general, the applicable NFPA requires the protection of occupants from fire, smoke, and toxic fumes by means of inspections related to occupancy, egress, fire protection features, emergency planning and procedures, and building services and equipment. In addition, in Kentucky, the State Fire Marshal is tied to the licensing of assisted living communities by the Cabinet for Health and Family Services. Inspections by the Fire Marshal are required when applying for a long-term care facility license, during routine inspections, after fire incidents or complaints of code violations, or upon request. If you suspect a long-term care facility is not compliant with fire safety regulations, please contact your ombudsman and visit the Kentucky State Fire Marshal website for further information, including on filing a complaint.

Reminder Residents’ Rights Month 2025 – Stand with Me

October is Residents’ Rights Month, this year’s theme, Stand with Me, highlights the importance of solidarity and support for residents who stand up and advocate for their rights, as well as the value of encouraging the community to join residents in sharing their voices. Learn more about Residents’ Rights Month

Kentucky Update on Survey and Complaints Backlog

The Office of Inspector General (OIG) gave a presentation to legislators of the Budget Review Subcommittee on Health and Family Service on July 15 regarding the survey and complaint investigation backlog of the agency. The agency is responsible for regulating licensed long-term care facilities in the Commonwealth. Several slides from the presentation are featured below. You can watch the full presentation on the LRC YouTube channel. The discussion of OIG begins at around minute 2.

Study Confirms that Nursing Facilities “Staff Up” For Surveys

A nationwide study, “Government Monitoring of Health Care Quality: Evidence from the Nursing Home Sector,” National Bureau of Economic Research published this month finds that nursing facilities respond to surveys – increasing the work hours of nursing and other staff, increasing registered nurse hours, reducing admissions, increasing temporary discharges, and improving certain care practices (such as slight decline in use of antipsychotic drugs) – but immediately revert to prior staffing levels and behavior when the survey ends. The study finds that for-profit facilities are more likely to increase staff hours and to reduce admissions during surveys than other facilities. Read more at medicareadvocacy.org/study-confirms-that-nursing-facilities-staff-up-for-surveys/

Staff and Volunteer Spotlights

In Kentucky’s LTCOP, our staff and volunteers make a real difference in the lives of those we serve. Check out some awesome advocates below!

NHOA’s Board of Directors

Donna Smith

Donna Smith is the owner of SKW CPAs and joined NHOA’s Board of Directors in September 2018. Donna is the Chair of the board and brings her personal experiences of family members in long-term care to advocate for residents through empowerment, support, and education.

Ryles Kjellsen

Ryles Kjellson has a background in financial planning and analysis and joined NHOA’s Board of Directors in January 2024. Ryles is the Treasurer of the board and echoes NHOA’s vision of a world where aging and disability come with value, ease, dignity, and hope.

Kimberly Iden

Kimberly Iden is an Attorney and joined NHOA’s Board of Directors in May 2024. Kimberly is the Secretary of the Board, and joined NHOA to share her own advocacy expertise to advance the mission of the LTCOP.

Sarah Fitzgerald

Sarah Fitzgerald is a Donor Relations and Stewardship Officer and joined NHOA’s Board of Directors in March 2025. Sarah is the Vice-Chair of the board and is excited to be a connector between NHOA and the greater community.

Jennifer Mazza

Jennifer Mazza is a Physical Therapist and joined NHOA’s Board of Directors in January 2025. As she transitions to an Executive Fellowship, Jennifer is eager to share her own experiences working with nursing home residents while advocating for better care.

Melissa Liechty

Melissa Liechty is a Speech Language Pathologist and joined NHOA’s Board of Directors in June 2025. Melissa is passionate about helping raise awareness, supporting systemic improvements, and ensuring the voices of long-term care residents are heard and respected.

Hilary Murray

Hilary Murray is the newest member of NHOA’s Board of Directors and joined in July 2025. Hilary is passionate about improving the long-term care system by addressing the root causes of poor care.

Every problem a resident has is not because of their diagnosis. Everyone experiences problems and we all need to be treated with dignity. People need responsive assistance, activities, and services.

Dr. Susan Wehry, Geriatric Psychiatrist

Gateway District LTC Ombudsman Position

Check out the job posting for the Gateway District LTC Ombudsman. Legal Aid of the Bluegrass seeks a Long-Term Care Ombudsman for its Morehead, KY based office.

Learning Opportunities

New Podcast Ethics in Elder Mistreatment: Is surveillance a problem or the solution?

For residents in long-term care and their families, surveillance can be a complex and nuanced issue. While cameras and other devices can offer information about the type of care residents are receiving and how they are being treated by staff, other residents, and visitors, they may be invasive and potentially violate privacy rights.

Video Introduction to Medicaid Fraud Control Units

The U.S. Office of Inspector General (OIG) put together a video providing a basic introduction to Medicaid Fraud Control Units (MFCU) and the work they do.

Resource Spotlight – Elder Abuse

Despite the fact that nursing home residents have a federally protected right to be free from abuse, it is estimated that 1 in 10 older adults experience some form of abuse or neglect. Abuse and neglect can come in many forms including sexual abuse, financial exploitation, privacy issues, resident-to-resident mistreatment, and issues related to surveillance/electronic monitoring.

Check out the many resources available at the Consumer Voice.

Contact your local ombudsman for assistance.

2025 Consumer Voice Conference

Join Consumer Voice November 3-6, 2025, at the Renaissance Arlington Capital View Hotel. In celebration of the organization’s 50th Anniversary, the conference is returning to the Washington, DC area. Connect with advocates from across the country to learn, network, and exchange ideas on long-term care issues, including current trends, best practices, and advocacy opportunities. See the preliminary agenda, and register now. Visit the Consumer Voice website for more information about discounts for members and groups.

What’s an Ombudsman?

Ombudsmen advocate for residents of long-term care facilities at no charge to residents or families.

Long-Term Care Ombudsmen

Regularly make unannounced visits to long-term care facilities to visit residents.
Protect the special legal rights of residents.
Identify, investigate, and resolve residents’ problems and concerns.
Empower residents to make informed choices.
Work to monitor laws/policies to protect residents.

Long-term care ombudsmen serve residents in all counties in Kentucky. Visit our website!