March 2025

What’s New?

Advocating for Quality Care: Legislative Updates from the 2025 Kentucky General Assembly

In the final days of the legislative session, the Kentucky General Assembly moved numerous bills through the legislative process with packed committee agendas and swift procedural decisions. Of the nine bills our agency advocated in support of, two were approved and one ran out of time in the Senate:

• Senate Bill 27, sponsored by Senator Brandon Storm, was passed unanimously, with the Senate voting 34-0 upon initial introduction, the House voting 87-0 after adding a friendly amendment, and the Senate concurring with the House version 36-0. The bill has been signed into law by Governor Beshear. SB 27 establishes the Kentucky Parkinson’s Disease Research Registry and Advisory Committee to facilitate research on the incidence and prevalence of Parkinson’s disease in Kentucky. The House amendment incorporated to the bill will increase a skilled nursing facility’s ability to transport residents for non-emergency medical transportation.

• House Bill 479, sponsored by Representative Derek Lewis, passed the House 96-0 but was ran out of time to pass the Senate. This bill sought to require the Department for Community Based Services (DCBS) to require a one-hour dementia training and continuing education course for those state employees or state contractors who are tasked with preventing elder abuse, neglect, or exploitation.

• House Bill 622, sponsored by Representative Shawn McPherson, passed the House 92-2 and the Senate 37-0 with a spending amendment. After the Free Conference reported on the bill, it passed the Senate 32-3-2 and House 84-13 and was delivered to Governor Beshear for his signature. House Bill 622 establishes payment, penalties, and procedures to provide for the timely payment of government contracts. This legislation will financially assist and support the work of non-profits.

Although not previously listed, House Bill 191, sponsored by Representative Aaron Thompson, has also been signed into law by Governor Beshear. This act expands internment eligibility in Kentucky state veterans’ cemeteries to include eligible National Guard and Reserve service members and their families. Expanded internment eligibility for veterans aligns with our agency’s commitment to long-term care residents by ensuring that those who have served our country have dignified, affordable burial options that honor their service.

Our agency is thankful to the General Assembly for the passage of policies that protect and enhance the lives of long-term care residents. It is through these legislative efforts that Kentucky can ensure that all long-term care residents receive the dignity, respect, and quality care they deserve.

Senate Majority Floor Leader Max Wise received the Nonprofit VOICE Award from the Nursing Home Ombudsman Agency of the Bluegrass! Senator Wise was a vocal advocate for the Kentucky State Long-Term Care Ombudsman Program’s budget request in the 2024 General Session. The additional funds ensured the Commonwealth’s 15 District Ombudsman Programs could adequately advocate for Assisted Living Community Residents, which had been added to the program’s responsibilities in the 2022 General Session with no additional funding to support the expansion of services.

Thank you, Senate Majority Floor Leader Wise and the 2024 Legislature!

Proposed Cuts to Medicaid and How They Would Harm Long-Term Care Consumers

Congress is proposing to structurally change the Medicaid program by implementing crippling cuts. Because the proposed cuts are so severe, states will have to re-evaluate the level of services they provide. Additionally, Congress has proposed providing states with more flexibility to determine eligibility. This combination of less money and more flexibility would likely reduce who is eligible for coverage, limit benefits, freeze enrollment, force people onto waiting lists, and increase copays or coinsurance rates.
The type of services or amount of care for people in nursing homes or receiving services at home could be drastically cut. These cuts would place an enormous financial burden on older adults, people with disabilities, and their families, especially for those who have already spent down their assets and resources to qualify for Medicaid. Consumers could have to forego
needed care entirely, or their family members would be forced to choose between covering their children’s expenses, saving for their own retirement, or helping their loved one.

Quality of Nursing Home Care Would Likely Decline and Residents Would Lose Critical Protections

Less Medicaid money would likely mean less staff and fewer resources in nursing homes, putting residents at risk of decline and neglect. Additionally, proposed cuts to Medicaid are often combined with flexibility in standards. As a result:

• Quality of care could suffer, exposing residents to an increased risk of infections, bedsores, and other negative and dangerous outcomes.
• Safeguards against abuse, neglect and physical and chemical restraints could be weakened.
• Legal protections against being evicted from the facility could be lost.
• Training to ensure that staff have appropriate knowledge and skills to care for
dependent people with multiple conditions could be eliminated.

Cutting Medicaid would likely result in millions of Americans being unable to afford nursing home care and other long-term services and supports and put at risk the federal standards requiring quality of care and protection from abuse and neglect for each nursing home resident.

Click here to read the full fact sheet from the National Consumer Voice.

Tell Your Members of Congress Not to Cut Billions of Dollars from Medicaid and to Preserve the Nursing Home Staffing Rule. Send a message to your members of Congress using the form here.

Nursing Homes NEED RNs On Staff

Registered nurses (RNs) are required to remove catheters and to observe the wound to ensure there is no sign of infection. A study of 720 residents in six nursing facilities found that catheters were removed from residents in a timely way only 19.5% of the time. Residents remained catheterized an average of 6.8 extra days. When catheters are not timely removed due to the absence of sufficient numbers of RNs or otherwise, residents are hospitalized or sent to the emergency room, experiencing unnecessary medical risks and costly care that could have been avoided.

“Failure to timely removal of central and peripheral venous catheters after antibiotic therapy in nursing homes” found that ““Among the 169 catheters with late removal, 59 (34.9%) had an infection-related hospitalization or emergency department visit of which 36 (61.0%) were in place ≥7 days of antibiotic end.” They conclude, “Each day a catheter is retained without a clear indication for its use poses unnecessary risks for residents, including thrombotic complications, local infection, and central line associated bloodstream infections.”

The final nurse staffing rule, which requires RNs 24 hours per day/seven days per week and 3.48 total nursing hours per resident per day in every nursing facility nationwide, remains under attack in Congress. A bill reintroduced in the Senate by Senators Deb Fischer (R, NE) and James Lankford (R, OK), Protecting Rural Seniors’ Access to Care Act, prohibits implementation or enforcement of the nurse staffing rule. A companion bill in the House is co-sponsored by Representatives Michelle Fischbach (R, MN)

March 6, 2025 – T. Edelman of the Center for Medicare Advocacy

Follow up with Residents Evacuated After Fire

After a fire at Landmark of Bardstown residents were evacuated. Lincoln Trail District LTC Ombudsman Tytania Clemons and KIPDA District LTCO Erika Rhodes-Chism led a group of ombudsmen who visited residents transferred to a Louisville facility. Ombudsmen met with residents one on one and in group sessions on multiple occasions to gather their concerns and complaints and work to resolve them. Ombudsmen also listened to residents discuss their thoughts and feelings about the fire and what it was like to be transferred to another facility while waiting for the Bardstown facility to be repaired. Most residents are anxious to return to the Bardstown facility that they consider home.

Residents’ Rights Month Theme Announced

October 2025

This year’s Residents’ Rights Month 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. The goal of the theme is to foster an environment where residents and the community can lean on each other for support when faced with challenges in long-term care, adapt to change, and grow stronger together. The theme features residents, staff, family members, long-term care Ombudsman program representatives, and other advocates working together to promote quality care and quality of life for residents.

October is “Residents’ Rights Month,” an annual event designated by National Consumer Voice for Quality Long-Term Care (Consumer Voice) to honor residents living in all long-term care facilities. It is an opportunity to focus on dignity, respect, and the rights of each resident. The federal Nursing Home Reform Law guarantees residents’ rights and places a strong emphasis on individual dignity, choice, and self-determination. The law also requires nursing homes to “promote and protect the rights of each resident.” Residents’ Rights Month is a time to raise awareness of these rights and celebrate residents.

The Resident’s Voice Challenge

Creative writing and artistic expression are meaningful and compelling ways to highlight the importance of residents’ rights and how these rights can be carried out in all long-term care settings. The Resident’s Voice Challenge encourages residents from across the country to submit essays, poems, artwork, drawings, or videos related to the theme. This year’s theme 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.

In celebration of Consumer Voice’s 50th Anniversary, they are creating a coffee table book featuring residents’ voices. Consumer Voice is seeking creative artwork (posters, paintings, drawings) or written entries (essays, poems) of 50 words or less. Individuals whose entries are selected for inclusion in the book will receive a complimentary copy of the book.

Use these questions to inspire you:

What makes you feel empowered?

Why is it important to stand up for your rights? For quality care?

What contributes to your quality of life?

What is needed for quality care to be provided in a long-term care facility?

How can others (family, community members, etc.) support bringing about quality care and quality of life in long-term care facilities?

How to Submit

Read the full Resident’s Voice Challenge Criteria before submitting.

Email submissions to [email protected] by June 30, 2025.

Include a mailing address with your submission for residents to receive certificates of participation.

Submissions featuring photo or videos must include completed release forms for each resident.

If you are a Kentucky resident making a submission to the National Consumer Voice please let us know by emailing [email protected]. We would love to support you and be on the lookout for your work to be featured on the national stage.

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!

LTC Ombudsman Volunteer Mary Going

Mary Going is a certified long-term care ombudsman volunteer with the Big Sandy program.  Mary has a Nursing diploma (RN) from St. Vincent School of Nursing in Birmingham, AL. She holds a Certificate in Alcoholism Counseling from Marymount Manhattan College (NYC); a Bachelor of Science in Management of Healthcare Services from College of Mt. St. Joseph (Cincinnati) and Juris Doctor (law degree) from Salmon P. Chase College of Law (Northern KY University).

Mary retired last year after 20 years as an attorney and 25 years in nursing. Mary shares, “I volunteered because I realized I was not ready to retire, and wanted to find a way to continue to use my energy and skills to serve vulnerable people. I am still learning how best to be effective as a volunteer ombudsman and look forward to continuing visits with residents at our facilities in the Big Sandy region.”

Mary is a religious Sister in a small Benedictine monastery on a mountain in eastern KY. Mary’s hobbies are reading, textile crafts (handspinning and knitting) and spending time with her cat, Bandit.

LTC Ombudsman Program Advisory Councils

Each of the 15 District LTC Ombudsman Programs has an Advisory Council comprised of volunteers who meet regularly to support the local program. An Advisory Council volunteer helps the local Long-Term Care (LTC) Ombudsman Program stay connected with the community.  The LTC Ombudsman Program receives advice in its planning and operation from the Advisory Council.

The council is made up of people with a strong interest in improving the quality of life and protecting the rights of residents in long-term care facilities. The advisory council performs one or more of the following functions:

• Provide advice regarding the planning and operation of the District LTC Ombudsman Program;
• Enhance community understanding of LTC Ombudsman Program purpose and services;
• Act as a team to assist the LTC Ombudsman Program in obtaining resources to benefit long-term care facility residents;
• Develop an understanding of long-term care issues and assist the LTC Ombudsman Program in issues advocacy efforts; and/or
• Assist the District LTC Ombudsman Program with special projects

Volunteers in the LTC Ombudsman Program must be free of conflict of interests, have a strong desire to support resident self-determination and quality of life, commit to training and continuing education on the ever changing aspects of long-term care, and be active in the program.  Residents, family and friends of residents are encouraged to apply to be an advisory council volunteer.

District LTC Ombudsmen are always looking for advisory council volunteers. If you are interested in learning more about LTC Ombudsman Program volunteer opportunities please contact your District LTC Ombudsman.

Pictured above from left to right are Marcie O’Neal, Ladonna Cates, Kathy Pharris, Brandon Wood, and Miranda White following their March Pennyrile advisory council meeting in Hopkinsville. The Pennyrile LTC Ombudsman Program serves Caldwell, Christian, Crittenden, Hopkins, Livingston, Lyon, Muhlenberg, Todd, and Trigg counties. To report concerns or make inquiries about long-term care or volunteer opportunities contact Pennyrile District LTC Ombudsman Cindy Tabor by email or call 1-800-928-7233 Toll Free.

Pictured above from left to right are Lindsey Scott, Karen Rector, Alecia Johnson, Tammi Miller, Lynda Love, Jane Hendrick, Brandon Wood, Vivian Foe, and Laura Burgan following their March Barren River advisory council meeting in Bowling Green. The Barren River LTC Ombudsman Program serves Allen, Barren, Butler, Edmonson, Hart, Logan, Metcalfe, Monroe, Simpson, and Warren counties. To report concerns or make inquiries about long-term care or volunteer opportunities contact Barren District LTC Ombudsman Lynda Love by email or call 1-800-355-7580 Toll Free.

State LTC Ombudsman Program Regional Ombudsman Brandon Wood and Kentucky River District LTC Ombudsman Sheila Cornett visited residents together on sunny day in March. Sheila serves residents in Breathitt, Knott, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe counties and has continued to follow up and check on residents evacuated during recent flooding disasters in Eastern Kentucky. To report concerns or make inquiries about long-term care or volunteer opportunities contact Sheila by email or call 1-800-928-5723.

Pictured above are Brandon Wood and FIVCO District LTC Ombudsman Amanda Hamilton out visiting residents. Amanda serves residents in Boyd, Carter, Elliott, Greenup, and Lawrence counties. To report concerns or make inquiries about long-term care or volunteer opportunities contact Amanda by email or call 1-800-274-5863.

Thank you to our volunteers and staff. You make a difference!

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

Nursing Home Residents Have Right to Language Assistance

Ensuring nursing home residents can access and receive information in a language they understand is essential for promoting informed decision-making and high-quality care. Nursing home regulations state that residents have the right to language assistance services if needed. This right is reinforced throughout the regulations. The regulations specifically require that nursing home residents who do not speak English or who have limited English proficiency be provided language assistance. For more information about Residents’ Rights visit our website. If you, or someone you know, is not receiving this  assistance, let our office know by emailing us here or call 1-800-372-2991.

Medicaid Fraud Control Units Annual Report: Fiscal Year 2024

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. The Department of Health and Human Services Office of Inspector General (OIG) recently released the 2024 annual MFCU report. There were 334 convictions for patient abuse or neglect 74 were nurse aides and 62 were nurses. Thirty-three were family members or guardians. The number of fraud convictions involving personal care service (PCS) attendants was considerably higher than any other provider type in FY 2024. PCS attendants assist Medicaid enrollees with activities of daily living (such as bathing, dressing, and personal hygiene) in their homes and other community settings. To access the full report, statistical charts featuring Kentucky, and a chart on case outcomes by provider types click here.

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!

The Kentucky State LTC Ombudsman Program is housed within the Nursing Home Ombudsman Agency of the Bluegrass.

The KLTCOP is funded in part by state and federal funding provided by the Department for Aging and Independent Living.

Our Contact Information
Nursing Home Ombudsman Agency of the Bluegrass
3138 Custer Drive
Suite 110
Lexington, KY 40517
8592779215
http://www.ombuddy.org