Which entity typically enforces OBRA rights in facilities and handles resident complaints?

• A. Centers for Medicare & Medicaid Services (CMS)
• B. State survey agencies (often part of the health department) and ombudsman programs
• C. The Joint Commission
• D. Federal Bureau of Investigation (FBI)

Answer: (B)

OBRA rights are enforced at the state level by state survey agencies (often part of the health department) in collaboration with the long-term care ombudsman programs. These state agencies are responsible for conducting inspections of facilities, investigating complaints, and taking enforcement actions to ensure facilities meet OBRA standards. The ombudsman programs specifically advocate for residents, help them understand and exercise their rights, and assist with resolving individual complaints.

Federal oversight by CMS sets the broader framework and provides funding, but the on-the-ground enforcement and complaint handling occur primarily through state survey agencies and ombudsmen. The Joint Commission is an optional accreditor for some facilities, not the usual mechanism for OBRA enforcement, and the FBI has no role in enforcing facility resident rights.