Attached is the link to a new Centers for Medicare and Medicaid Services Survey and Certification Letter, Communication between State Survey Agencies and State Long-Term Care Ombudsman (7/6/07)

http://www.cms.hhs.gov/SurveyCertificationGenInfo/downloads/SCLetter07-26.pdf

• This Letter reminds State Agencies of the responsibility to maintain communication with the Office of the State LTC Ombudsman regarding findings of non-compliance and/or adverse actions taken against SNFS / NFs in accordance with Sections 1819(g)(5)(B) [for Medicare] and 1919(g)(5)(B) [for Medicaid] of the Social Security Act (SSA).
• Section II.A.1.Task 1.C.1 of Appendix P of the CMS State Operations Manual (SOM) requires State Agencies to "Contact the Ombudsman office in accordance with the policy developed between the State survey agency and State Ombudsman agency.  The purposes of this contact are to notify the Ombudsman of the proposed day of entrance into the facility and to obtain any information the Ombudsman wished to share with the survey team.  Ascertain whether the Ombudsman will be available if residents participating in the group or individual interviews wish him/her to be present."
• State agencies must ensure that a written policy exists between it and the ombudsman's office and are instructed to contact the ombudsman's office to determine if contact is being made in accordance with the written policy.