The Division of the Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:

1. (1) Provide for a full-time State Long-Term Care Ombudsman that meets minimum qualifications which shall include, but not be limited to, demonstrated expertise in:

   1. (A) Long-term services and supports or other direct services for older persons or individuals with disabilities;
   2. (B) Consumer-oriented public policy advocacy;
   3. (C) Leadership and program management skills; and
   4. (D) Negotiation and problem resolution skills;
2. (2) Ensure that the Office of the State Long-Term Care Ombudsman is a distinct entity separately identifiable, and located within or connected to the division;
3. (3) Ensure that the State Long-Term Care Ombudsman, as head of the office, is independent in its representation of the interests of long-term care facility residents, without representing the positions or policies of the division, or any other government entity;
4. (4) Ensure that the Arkansas Long-Term Care Ombudsman Program has sufficient authority and access to facilities, residents, and information needed to fully perform all the functions, responsibilities, and duties of the office;
5. (5) Provide the State Long-Term Care Ombudsman with support for personnel, fiscal, contractual, data, and budgetary management, including administration of contracts with designated provider agencies;
6. (6) Provide the State Long-Term Care Ombudsman with authority to manage funds designated for the office, consistent with division policies;
7. (7) Not have policies or practices which prohibit the State Long-Term Care Ombudsman from performing the functions and responsibilities of the office and the position;
8. (8) Provide opportunities for training for the State Long-Term Care Ombudsman and representatives of the office to maintain expertise and to serve as effective advocates for residents, including the National Ombudsman Resource Center annual training for the State Long-Term Care Ombudsman;
9. (9) Provide personnel supervision and management for the State Long-Term Care Ombudsman and program representatives who are employees of the division without interfering with their work to promote the interests of long-term care facility residents;
10. (10) Ensure that any review of files, records, or other information maintained by the program is consistent with the disclosure limitations set forth in 45 C.F.R §§ 1324.11(e)(3) and 1324.13(e);
11. (11) Work with the State Long-Term Care Ombudsman to identify, remedy, and remove conflicts of interest between the office and the division;

12. (12)

    1. (A) Integrate the goals and objectives of the office into the Arkansas State Plan on Aging and coordinate the goals and objectives of the office with those of other programs established under Title VII of the Older Americans Act and other state elder rights, disability rights, and elder justice programs to promote collaborative efforts and diminish duplicative efforts.
    2. (B) The division shall require inclusion of goals and objectives of regional long-term care ombudsman programs into area plans on aging;

13. (13) Provide for appropriate sanctions with respect to:

    1. (A) Interference;
    2. (B) Retaliation; and
    3. (C) Reprisals;

14. (14) Ensure legal counsel for the Arkansas Long-Term Care Ombudsman Program:

    1. (A) Is adequate;
    2. (B) Is available;
    3. (C) Has competencies relevant to the legal needs of the program and of residents; and
    4. (D) Is without conflict of interest;
15. (15) Provide for legal representation for the office and program representatives against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the State Long-Term Care Ombudsman or program representatives;
16. (16) Refrain from interference with the Arkansas Long-Term Care Ombudsman Program’s mandate to advocate for and represent the interests of long-term care facility residents;

17. (17)

    1. (A) Administer the office in conformity with the Older Americans Act, 42 U.S.C. § 3001 et seq., and all applicable federal and state laws.

    2. (B) The division’s oversight extends to:

       1. (i) Hiring the State Long-Term Care Ombudsman;
       2. (ii) Evaluating the State Long-Term Care Ombudsman’s performance; and
       3. (iii) Ensuring that the State Long-Term Care Ombudsman manages the program in compliance with state and federal laws as well as the State of Arkansas’s policies and procedures.

Codification Notes: VII of the Older Americans Act is codified at 42 U.S.C. §§ 3058–3058ff.