Oregon Administrative Rules Chapter 114 - LONG TERM CARE OMBUDSMAN
1. Purpose of OAR Chapter 114
OAR Chapter 114 establishes the rules governing the Oregon Long Term Care Ombudsman (LTCO) Program.
The main purpose of this chapter is to:
Protect the rights, dignity, health, and safety of individuals living in long-term care facilities
Provide an independent advocacy system for residents
Ensure complaints about long-term care services are investigated and resolved fairly
2. What Is the Long Term Care Ombudsman Program?
The Long Term Care Ombudsman Program is an independent state program that advocates for people who live in or receive services from long-term care settings, including:
Nursing facilities
Assisted living facilities
Residential care facilities
Adult foster homes
Memory care communities
Certain home-based long-term care services
The Ombudsman represents the resident’s interests, not the facility’s or the government’s.
3. Role and Authority of the Ombudsman
Under Chapter 114, the Ombudsman has authority to:
Receive complaints from residents, family members, staff, or others
Investigate complaints related to care, abuse, neglect, rights violations, or poor conditions
Enter long-term care facilities at reasonable times to meet privately with residents
Access relevant records, with proper consent or legal authority
Advocate for solutions that respect the resident’s wishes
The Ombudsman does not act as a regulator or enforcement agency but works to resolve problems through advocacy.
4. Resident Rights
OAR Chapter 114 emphasizes protection of resident rights, including the right to:
Be treated with dignity and respect
Receive appropriate care and services
Be free from abuse, neglect, and exploitation
Make personal choices about daily life
Communicate privately with the Ombudsman
File complaints without fear of retaliation
Facilities are prohibited from interfering with these rights.
5. Confidentiality Rules
Confidentiality is a core principle of the Ombudsman Program.
Under Chapter 114:
The Ombudsman must keep the identity of complainants confidential unless permission is given
Information collected during investigations is protected
Records cannot be disclosed except as allowed by law
This ensures residents can speak freely without fear of consequences.
6. Consent and Representation
The Ombudsman must:
Obtain resident consent before investigating or representing a complaint, whenever possible
Respect the resident’s preferences and decisions, even if others disagree
Use substituted judgment or best-interest standards only when a resident cannot communicate and no legal representative is available
7. Access to Facilities and Residents
Facilities must:
Allow the Ombudsman reasonable access to residents and common areas
Permit private conversations between residents and Ombudsman representatives
Not obstruct, delay, or deny Ombudsman activities
Failure to allow access is considered a violation of the rules.
8. Complaint Handling Process
Chapter 114 outlines how complaints are managed:
Complaint is received
Consent is obtained (when required)
Facts are gathered through interviews and record review
The Ombudsman attempts informal resolution
If needed, referrals are made to appropriate agencies
The outcome is documented
The goal is resolution in the resident’s best interest, not punishment.
9. Prohibition of Retaliation
Facilities and providers are strictly prohibited from:
Retaliating against a resident for contacting the Ombudsman
Harassing, discharging, or treating a resident differently due to a complaint
Discouraging residents or families from seeking Ombudsman help
Retaliation is treated as a serious violation.
10. Ombudsman Representatives and Volunteers
Chapter 114 also governs:
Training requirements for Ombudsman staff and certified volunteers
Ethical standards and professional conduct
Scope of authority for representatives acting on behalf of the Ombudsman
Volunteers must meet strict qualifications and follow confidentiality rules.
11. Relationship With Other Agencies
The Ombudsman Program:
Works independently from licensing and enforcement agencies
May refer issues to protective services, law enforcement, or regulatory bodies when necessary
Does not replace inspections, investigations, or legal actions by other agencies
12. Overall Importance of Chapter 114
OAR Chapter 114 ensures that:
Vulnerable adults in long-term care have a trusted advocate
Complaints are handled confidentially and respectfully
Facilities are held accountable through advocacy rather than punishment
Resident voices remain central to decision-making
Summary
Oregon Administrative Rules Chapter 114 creates a strong legal framework for the Long Term Care Ombudsman Program by:
Protecting resident rights
Ensuring independent advocacy
Requiring confidentiality and consent
Preventing retaliation
Promoting quality and dignity in long-term care
It is a key safeguard for individuals who rely on long-term care services in Oregon.
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