(a) The Arkansas Long-Term Care Ombudsman Program shall refer a complaint or problem to another agency when:

1. (1) The resident gives consent to the program to act; and

2. (2) One (1) or more of the following applies:

   1. (A) Another agency has resources that may benefit the resident;
   2. (B) The action to be taken and the complaint is outside of the program’s authority and/or expertise, i.e., Arkansas Department of Health, Office of Long-Term Care, or the Office of the Attorney General;
   3. (C) The ombudsman needs additional assistance in order to achieve resolution of the complaint; or
   4. (D) The resident requests the referral be made.

(b) Referrals to regulatory agencies, law enforcement, or protective services.

1. (1) An ombudsman representative shall assist a resident or resident representative in contacting the appropriate agency when the resident or representative has communicated informed consent for such referral.
2. (2) An ombudsman representative may encourage residents or complainants to directly contact the appropriate regulatory agency to file a complaint and will offer information and assistance to residents or complainants in making such contact and follow-up.

3. (3) When an ombudsman representative refers a complaint to the Office of Long-Term Care, the ombudsman representative shall:

   1. (A) Submit the complaint in writing via secure e-mail or fax; or
   2. (B) Contact the agency by telephone.

(c) Joint investigatory activities. When an ombudsman is invited by a regulatory or law enforcement agency to assist in or provide information regarding an investigation of a facility, ombudsman participation is appropriate only under the following circumstances:

1. (1) The ombudsman is able to fulfill his or her role as a resident advocate;
2. (2) The ombudsman does not attempt to regulate a facility or take actions which would lead one to assume that the Arkansas Long-Term Care Ombudsman Program is the regulator; and
3. (3) The ombudsman explains to facility administration and residents that his or her role is to advocate for the health, safety, welfare, and rights of residents, not to enforce regulations.

(d) Referrals to legal services.

1. (1) For a resident who is requesting, or in need of, legal advice and representation, the Arkansas Long-Term Care Ombudsman Program shall assist the resident in finding appropriate legal services.
2. (2) With consent from the resident or representative, ombudsmen may make a referral to Older Americans Act-funded legal services agencies.

3. (3)

   1. (A) When the legal services provider is unable to provide the requested legal service, an ombudsman may refer the resident or participant to private attorneys by providing a list of attorneys.
   2. (B) This list must contain a minimum of three (3) attorneys.
   3. (C) Ombudsmen shall not recommend a specific attorney.
   4. (D) When a provider agency houses both a regional ombudsman program as well as a legal services program, the ombudsman shall follow the provisions in this section.

(e)

1. (1) Referral to a different regional program may occur when a resident moves to a different regional program service area.
2. (2) When a resident with an open case moves to a different area, the ombudsman shall notify the Office of the State Long-Term Care Ombudsman of the transfer.
3. (3) The Office of the State Long-Term Care Ombudsman will determine if the case should be transferred to the regional program which covers the facility where the resident now resides.