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Catalog of Federal Domestic Assistance

Program Descriptions
CATALOG OF FEDERAL DOMESTIC ASSISTANCE

93.042:  Special Programs for the Aging: Title VII, Chapter 2: Long Term Care Ombudsman Services for Older Individuals

Popular Name:  State Grants for long term Care Ombudsman Services

Objectives:  (A) Establish and operate an Office of the State Long Term Care Ombudsman; and (B) carry out through the Office a State Long Term Care Ombudsman program. (2) Ombudsman. The Office shall be headed by an individual, to be known as the State Long Term Care Ombudsman, who shall be selected from among individuals with expertise and experience in the fields of long term care and advocacy. (3) Functions. The Ombudsman shall serve on a full time basis, and shall, personally or through representatives of the Office (A) identify, investigate, and resolve complaints that (i) are made by, or on behalf of, residents; and (ii) relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees), of (I) providers, or representatives of providers, of long term care services; (II) public agencies; or (III) health and social service agencies; (B) provide services to assist the residents in protecting the health, safety, welfare, and rights of the residents; (C) inform the residents about means of obtaining services provided by providers or agencies described in subparagraph (A)(ii) or services described in subparagraph (B); (D) ensure that the residents have regular and timely access to the services provided through the Office and that the residents and complainants receive timely responses from representatives of the Office to complaints; (E) represent the interests of the residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents; (F) provide administrative and technical assistance to entities designated under paragraph (5) to assist the entities in participating in the program; (G)(i) analyze, comment on, and monitor the development and implementation of Federal, State, and local laws, regulations, and other governmental policies and actions, that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long term care facilities and services in the State; (ii) recommend any changes in such laws, regulations, policies, and actions as the Office determines to be appropriate; and (iii) facilitate public comment on the laws, regulations, policies, and actions; (H)(i) provide for training representatives of the Office; (ii) promote the development of citizen organizations, to participate in the program; and (iii) provide technical support for the development of resident and family councils to protect the well being and rights of residents; and (I) carry out such other activities as the Commissioner determines to be appropriate.

PROGRAM AND AWARD FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS INFORMATION CONTACTS
RELATED PROGRAMS ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS POST ASSISTANCE REQUIREMENTS

93.042 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  All States and U.S. Territories which have State Agencies on Aging designated by the governors.

Beneficiary Eligibility:  Older individuals residing in institutional long-term care facilities or requiring assistance in entering or transferring from such facilities.

Credentials/Documentation:  Costs will be determined in accordance with 45 CFR, Parts 74 and 92.

93.042 APPLICATION AND AWARD PROCESS:

Preapplication Coordination:  This program is subject to the State Plan Coordination Section of E.O. 12372. State plans are covered under this Section, but Intergovernmental Consultation Review is excluded. This program requires coordination in accordance with 45 CFR 74 and 92. The standard application forms, as furnished by the Department of Health and Human Services (DHHS), must be used for this program.

Application Procedure:  Consult the appropriate Regional Office for State application instructions. (See Appendix IV of the Catalog for listing.)

Award Procedure:  The Administration on Aging awards funds through a statutory formula to State Agencies on Aging.

Deadlines:  Funds are awarded to State Agencies on Aging annually, based on the Federal fiscal year.

Range of Approval/Disapproval Time:  From 30 to 45 days.

Appeals:  Appeals are processed in accordance with HHS regulations in 45 CFR, Part 16.

Renewals:  Applications are submitted for a 2-, 3-, or 4-year period and revised as necessary.

Criteria for Selecting Proposals:  Awards are made on a non-competitive basis. State grants are awarded on approval of a State Plan.

Examples of Funded Projects:  Not applicable.

Range and Average of Financial Assistance:  From $4,656 to $739,840; $130,684.

93.042 RELATED PROGRAMS:

  • 93.041 Special Programs for the Aging: Title VII, Chapter 3: Programs for Prevention of Elder Abuse, Neglect, and Exploitation;
  • 93.043 Special Programs for the Aging: Title III, Part F: Disease Prevention and Health Promotion Services;
  • 93.044 Special Programs for the Aging: Title III, Part B: Grants for Supportive Services and Senior Centers;
  • 93.045 Special Programs for the Aging: Title III, Part C: Nutrition Services;
  • 93.046 Special Programs for the Aging: Title III, Part D: In-Home Services for Frail Older Individuals;
  • 93.047 Special Programs for the Aging: Title VI, Part A, Indian Programs;
  • 93.048 Special Programs for the Aging: Title IV: Training, Research and Discretionary Projects and Programs.

93.042 PROGRAM ACCOMPLISHMENTS:

Fifty-six grants were mark to States and related jurisdictions in fiscal year 1999, and the same as anticipated in fiscal years 2000 and 2001. The principal role of the Ombudsman Program is to investigate and resolve complaints made by or on behalf of residents. Ombudsmen also promote policies and practices needed to improve the quality of care and life in long-term care facilities. It also educates both consumers and providers about residents' rights and good care practices; and helps to prevent both resident abuse and costly fraud against the Medicare and Medicaid programs. The most recent nationwide data on the program (1998) indicates that 121,681 people filed 209,759 complaints, over 70 percent of which were resolved or partially resolved. States reported funding totaling $47.4 million, 58 percent of which was Federal (about $26.5 million) and 35 percent of which was State and local. An August 1995 Consumer Reports article on selecting nursing homes stated, "The best advice we were able to get came from State or county ombudsmen, officials who resolve complaints and advocate on behalf of nursing home residents."

93.042 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  ADMINISTRATION ON AGING, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Type of Assistance:  Formula Grants.

Obligations:  (Grants) FY 99 $8,449,000; FY 00 est $8,449,000; and FY 01 est $8,449,000 (funds are earmarked for Title III).

Budget Account Number:  75-0142-0-1-506.

Authorization:  Older Americans Act of 1965, Title III and Title VII, Chapter 2, Public Law 89-73, as amended; Public Law 90-42, 81 Stat. 106; Public Law 91-69, 83 Stat. 108; Public Law 93-29, 87 Stat. 30; Public Law 93-351, 88 Stat. 357; Public Law 94-135, 89 Stat. 713; Public Law 95-65, 91 Stat. 269; Public Law 95-478; 92 Stat. 1513; Public Law 97-115, 95 Stat. 1595; Public Law 98-459, 98 Stat. 1767; Public Law 100-175, 101 Stat. 926; Section 705, Public Law 100-628; 42 U.S.C. 3022-3030(d); Public Law 102-375.

Regulations, Guidelines, and Literature:  45 CFR 1321, 74, and 1327.

93.042 INFO CONTACTS:

Regional or Local Office:  Regional Administrator, Administration on Aging, Department of Health and Human Services, Regional Offices. (See Appendix IV of the Catalog.)

Headquarters Office:  Mr. Edwin L. Walker, Department of Health and Human Services, Administration on Aging, Office of Program Operations and Development, Wilbur Cohen Bldg., Room 4733, 330 Independence Ave., SW., Washington, DC 20201. Phone: (202) 619-1828. Use the same number for FTS.

(See Appendix IV for more contact info.)

93.042 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  No matching is required. The statistical factor used for fund allocation is the State population of persons 60 years of age and over and the source is the most recent data available to the Assistant Secretary for Aging. In addition, minimum allotments are established for smaller States and Territories. Statistical factors for eligibility do not apply to this program. This program has maintenance of effort (MOE) requirements. See funding agency for further details.

Length and Time Phasing of Assistance:  State agencies must obligate funds within the fiscal year for which they are appropriated.

Uses and Use Restrictions:  Funds are awarded to States to develop or strengthen service systems through designated State Agencies on Aging, Area Agencies on Aging and other local entities. Funds under this Title and Chapter are included in State aging plan covering 2, 3, or 4 years, with annual revisions as necessary, submitted for approval to the Assistant Secretary for Aging. Funds are used to design and implement programs for the provision of long-term care ombudsman services for older individuals living in long-term care facilities.

93.042 POST ASSISTANCE REQUIREMENTS:

Reports:  SF 269 Financial Status Report (Quarterly), and the Annual Program Performance Report.

Audits:  Audits are conducted in accordance with the requirements in 45 CFR 74 and 92.

Records:  Records must be maintained for 3 years.

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Last Updated, November, 2000             Comments or Questions?           ©Grant Community.com 2000, All Rights Reserved