20 CAR § 432-1002 – Ombudsman timeliness of response to complaints

(a) Every ombudsman representative shall use his or her best efforts to initiate investigations of complaints in a timely manner in order to resolve the complaint to the satisfaction of the resident.

(b) A response is considered timely as follows: TABLE 1000-A COMPLAINT RESPONSE

IF a complaint involves . . .	THEN the standard of promptness for a State Long-Term Care Ombudsman response is . . .
abuse or neglect, and the ombudsman has reason to believe that a resident may be at riskactual or threatened transfer or discharge from a facility within 2 calendar daysuse of restraints	within the next working day from the receipt of the message or information by the regional program
abuse or neglect, and the ombudsman has no reason to believe that a resident is at risk (i.e., the resident has left the facility for home or a hospital)actual or threatened transfer or discharge from a facility where a “Notice of Involuntary Transfer or Discharge” is issued	within 3 working days from the receipt of the message or information by the regional program
other types of complaints	Within 7 - 21 working days or less depending upon severity of complaint

(c) When the program will be unable to initiate investigations in a timely manner, i.e., due to a planned vacation, training, or extended illness, the Regional Ombudsman shall develop a plan for temporary coverage by a designated representative in order to meet the standard of promptness.
(d)
1. (1) The ombudsman representative may inform the complainant of a time frame for when the complainant may expect investigative efforts to begin.
2. (2) If given, the response time frame should be documented in case records.
(e)
1. (1) The Arkansas Long-Term Care Ombudsman Program is not designed to serve as an emergency response system.
2. (2) Emergency or life-threatening situations should be referred to “911" and other emergency response systems for immediate response.