What is the Ombudsman Program and How Does it Affect Seniors?

By Jack Etzel


The Ombudsman Program is part of Allegheny County’s Department of Human Services/Area Agency on Aging. North Hills Monthly Magazine recently spoke with Kurt R. Emmerling, who has been the bureau chief for the past seven years in charge of Advocacy, Protection and Care Management. Emmerling holds a master’s degree in psychological counseling.

North Hills Monthly Magazine: Mr. Emmerling, what’s an ombudsman in the context of the Allegheny County Department of Human Services?

Kurt R. Emmerling: Well, ombudsman’s an odd word. It comes from Sweden, where they have had ombudsmen since 1809, and in Swedish it roughly translates to ‘the people’s advocate.’ In this country, there was an amendment to the Older Americans Act in 1978 that created a statewide Ombudsman Program. In 1989, that became specific to older Americans, which in Pennsylvania refers to people 60 or older. People in the state’s long-term care system have an advocate who will help them get through any problems they may encounter and to advise them of their rights.

NHMM: So anyone in a facility has the right to have an advocate on their behalf free of charge?

Emmerling: Yes. The Ombudsman Program is managed through the 52 Area Agencies on Aging that are in every county in Pennsylvania

NHMM: How many ombudsmen do we have?

Emmerling: We have one full-time supervisor and five full-time staff, plus 25 volunteers. In this county we are, so to speak, blessed with many long-term facilities. There are 155 personal care homes alone in Allegheny County, plus 64 nursing homes, 56 domiciliary care facilities and 31 adult day care facilities. Each of these is paid a visit by one of our volunteer ombudsmen doing a quality assurance visit every year, but preferably more often than that.

NHMM: What happens when something is wrong?

Emmerling: An ombudsman is expected to resolve complaints. But remember, we are solely resident-directed. It’s up to the resident to decide what we should do. Perhaps it’s a money problem and they think they’re paying too much, or it could be a food problem. But if they say, “I just wanted to tell you this. I don’t want you to do anything,” at that moment, our hands are tied. We’re completely resident-centered.

NHMM: What if the resident is incapacitated?

Emmerling: Then a family member can direct us. Meanwhile, if you’re the ombudsman and hear a complaint, it is absolutely imperative that the anonymity of the resident be preserved. Let’s say there’s a personal care home with 15 residents, and you hear one resident say, “I’m supposed to be on a low-salt diet, and I keep getting these really salty meals that I can’t even eat.” You can’t go immediately to the administrator because they’re going to know who was complaining.

NHMM: How does the ombudsman get around that?

Emmerling: In that case, chances are that there would be more than one person who should be on a low-salt diet. So you could visit everyone there to mix it up. An important part of your training is to learn how to use the right language in order to resolve the complaint, while protecting seniors’ dignity and confidentiality. And the real mission of the ombudsman is to teach self-resolution. That way, the next time this happens they’ll know the steps that they should take. While we can empower the person, there are times and situations that will still require an outside source.

NHMM: What qualifications do you look for in an ombudsman?

Emmerling: Our full-time people are college graduates who have a heart for advocacy. They like to talk and spend time with older people and are simply that type of person at heart. With volunteers, it’s not so much their credentials as it is their ability to agree to many high standards. This is a mandate that has some legal aspects to it. You have to go through training. There are several levels of training, so you could be certified at several different levels.

NHMM: Who does the training?

Emmerling: It’s done by the Pennsylvania Department of Aging. Volunteers go through all of the interviewing procedures and learn the questions they have to ask. We want to help residents pursue their lives in facilities the same way they would anywhere else.

NHMM: It must be important just knowing that someone is on your side.

Emmerling: Absolutely. A requirement in the regulations exists for the ombudsman to have access to those facilities 24 hours a day, 365 a year. An ombudsman could walk in at three in the morning and say that they want to watch breakfast being prepared. “What do you mean there’s no breakfast today?” We’ve found things like that.

The first thing an ombudsman does when arriving at a facility is to look for their poster. Every facility has a poster about the ombudsman program prominently displayed that asks, “Have you met your ombudsman?” and also displays the name of that person. The role of an ombudsman is not only to be an advocate, but also to be an educator. They go over what rights the resident has. They may ask, “Did you know that when you’re told that you have to be in bed by nine o’clock that you have the right not to go to bed? This is your home.” A big part is educating people about their own rights.

Note: To reach an ombudsman, call (412) 350-5791 or visit www.alleghenycounty.us/dhs/olderadults.aspx