(a)

1. (1) Upon verifying a complaint, the ombudsman representative shall discuss with the resident or resident representative the legal, administrative, and other remedies available to resolve the complaint.
2. (2) The ombudsman representative shall, to the fullest extent possible, involve and empower the resident to participate in the resolution of the complaint.

(c) If a complaint cannot be resolved through dialogues with the facility or the appropriate governmental or nongovernmental agency, or if an act, practice, policy, or procedure of a facility or governmental or nongovernmental agency does or may adversely affect the health, safety, welfare, or civil rights of a resident or class of residents, the ombudsman representative:

1. (1) May recommend and assist the resident in securing legal representation to commence legal actions, including complaints for injunctive relief, declaratory relief, or actions for civil damages, provided that exhaustion of any available administrative remedies shall not be required; and
2. (2) Shall consult with the Office of the State Long-Term Care Ombudsman regarding the possibility of legal action and, in appropriate circumstances, the Office of the State Long-Term Care Ombudsman shall involve the Office of Chief Counsel in assisting the ombudsman representative.

(d) The resolution status of each complaint shall be documented according to the classifications listed below:

1. (1)

   1. (A) Legislative or regulatory action required.
   2. (B) Complaints that require policy, regulatory, or legislative change to resolve to satisfy the resident or complainant.
   3. (C) Complaints of this nature may be addressed in the issues section of the NORS report.

2. (2)

   1. (A) Not resolved.
   2. (B) The problem identified in the complaint has not been corrected or resolved to the satisfaction of the resident.

3. (3)

   1. (A) Withdrawn.
   2. (B) The complaint was withdrawn at the request of the resident or complainant, or discontinued by the ombudsman representative.
   3. (C) If a significant portion of the complaint/problem was resolved prior to the withdrawal, record as “Partially Resolved”;

4. (4)

   1. (A) Referred for resolution and final disposition not obtained.
   2. (B) The complaint was referred to another agency for investigation, but no report of final outcome was obtained by the ombudsman representative;

5. (5)

   1. (A) Referred for resolution and other agency failed to act.
   2. (B) The complaint was referred to another agency for investigation, but no action was taken by the referral agency;

6. (6)

   1. (A) Referred for resolution and agency did not substantiate.
   2. (B) The complaint was referred to another agency for investigation, but their findings did not substantiate or support the referred complaint;

7. (7)

   1. (A) No action needed or appropriate.
   2. (B) The investigation proved no action by the ombudsman representative was needed or appropriate.
   3. (C) Examples include:

(i) A family member has a complaint which the resident does not consider to be a problem and wants no action; or

1. (ii) The findings of the investigation did not indicate a need for change or require further ombudsman representative investigation and complaint resolution.

   1. (D) This code may also be used when the resident dies or moves away and the complaint is no longer relevant;

2. (8)

   1. (A) Partially resolved.
   2. (B) The complaint was addressed in part to the satisfaction of resident or complainant, but some problem remained; and

3. (9)

   1. (A) Resolved.

   2. (B)

      1. (i) The complaint was addressed to the resident’s satisfaction.
      2. (ii) If the resident cannot communicate his or her satisfaction, the ombudsman representative may look to the resident representative or to the complainant to determine if the resolution is consistent with the rights and interests of the resident.
   3. (C) In cases where the resident is not the complainant and the resident is deceased, a complaint may be considered resolved if addressed to the satisfaction of the complainant.

(e) Cases may be closed in the following circumstances:

1. (1) When the complaint or complaints have been resolved to the resident’s satisfaction;
2. (2) When the ombudsman representative has exhausted all possible means of working to resolve the complaint and the resident is not satisfied with the outcome; or
3. (3) When the resident requests that Arkansas Long-Term Care Ombudsman Program action end on the complaint.