Colorado's top long-term care ombudsmen -- who are responsible for aiding residents of assisted living and nursing homes -- have resigned, citing state interference in their work.
Virginia Fraser and Jan Meyers share the lead job in the ombudsman's office, which oversees 100 volunteer and 40 mostly part-time staff. The office was created by federal law as an independent monitor and voice for frail and often mentally impaired patients.
But the ombudsmen cannot be independent voices for the elderly when state officials insist on approving everything they say, Fraser said.
The state has ordered the ombudsmen "to get permission before talking to the media or legislators. They need to approve our annual report, and they are responsible for policy of the ombudsman program," Fraser said.
In contrast, the federal law says her office is to "recommend changes and facilitate public comment" on federal, state and local laws, rules and policies, she said. The ombudsman is often asked to testify before the legislature on pending bills.
"I cannot ethically work under the conditions imposed by the State Office on Aging," wrote Fraser in her resignation letter. The program is now "unable to carry out official duties as outlined in the Older Americans Act."
Fraser has been with the program for 21 years, virtually its entire history. Meyers, who could not be reached for comment, has been there for 11 years.
State Human Services Department spokeswoman Liz McDonough said Fraser and Meyers were welcome to say what they like as representatives of the Legal Center for People with Disabilities and Older People, but not as the state ombudsmen.
"We have a disagreement" about the ombudsman's role, McDonough said. Federal law allows the state to operate the ombudsman's office directly, she said.
Now, the state ombudsman's office is run on contract by the Legal Center. Local ombudsmen are employees of area agencies on aging.
Mary Anne Harvey, executive director of the Legal Center, said she regrets the resignations of Fraser and Meyers, and agrees that the state is interfering with the ombudsman's independence on policy issues.
But she declined to go into detail until after a May 31 meeting with Rita Barreras, the state's director of Aging and Adult Services, and John Daurio, director of Adult and Veterans Services. Both are on vacation.
The ombudsman's office ran into a wall last year when the Meridian chain of retirement complexes barred them from entering -- even though federal law requires the ombudsmen to visit nursing homes monthly and assisted living homes quarterly to ask residents if all is well.
The Meridians -- owned by Trish and Ralph Nagel -- have argued that private-pay facilities are exempt from ombudsman oversight. If that argument prevails, the ombudsmen could be barred from 190 assisted living and five nursing homes in Colorado.
To Fraser, that is a serious threat. "I believe the people in those homes, just because they pay privately, have as much right to services as anyone else does," she said.
Contact Ann Imse at (303) 892-5438 or imse@RockyMountainNews.com.
