(a) The State Long-Term Care Ombudsman:

1. (1) Shall be the head of a unified statewide program; and
2. (2) Is responsible for the leadership and management of the Office of the State Long-Term Care Ombudsman.

(b) The State Long-Term Care Ombudsman shall:

1. (1)

   1. (A) Determine designation and refusal, suspension, or removal of designation of regional ombudsman programs.
   2. (B) Notwithstanding the grievance process, the State Long-Term Care Ombudsman shall make the final determination to designate or to refuse, suspend, or remove designation of a regional ombudsman program pursuant to Subpart 3 of this part;

2. (2)

   1. (A) Determine certification and refusal, suspension, or removal of certification of Arkansas Long-Term Care Ombudsman Program representatives.
   2. (B) The State Long-Term Care Ombudsman shall make the final determination to certify or to refuse, suspend, or remove certification of a regional ombudsman representative pursuant to Subpart 3 of this part;
3. (3) Review and approve plans or contracts governing regional ombudsman program operations, including through area agency on aging plans, in coordination with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
4. (4) Monitor, on a regular basis, performance of regional ombudsman programs;
5. (5) Establish procedures for training, certification, and continuing education of ombudsman program representatives;
6. (6) Prohibit any individual from carrying out the duties of the office unless the individual has received the training required, or is performing such duties under supervision of an ombudsman as part of the certification training requirements;
7. (7) Investigate allegations of misconduct by ombudsman program representatives in the performance of program duties in accordance with 20 CAR § 432-317;

8. (8)

   1. (A) Manage the files, records, and other information of the Arkansas Long-Term Care Ombudsman Program, whether in physical, electronic, or other formats, including information maintained by the regional ombudsman programs pertaining to the cases and activities of the Arkansas Long-Term Care Ombudsman Program.
   2. (B) Such files, records, and other information are the property of the office;
9. (9) Maintain the sole authority in making determinations regarding disclosure of Arkansas Long-Term Care Ombudsman Program records; and

10. (10)

    1. (A) Determine the use of fiscal resources appropriated or otherwise available for the operation of the office.
    2. (B) The State Long-Term Care Ombudsman shall:

(i) Approve the allocations of federal and state funds provided to provider agencies; and

1. (ii) Determine that program budgets and expenditures of the office and regional ombudsman programs are consistent with the laws, policies, and procedures governing the Arkansas Long-Term Care Ombudsman Program.

   1. (c) The State Long-Term Care Ombudsman shall, personally or through representatives of the office:

2. (1) Identify, investigate, and resolve complaints:

   1. (A) Made by, or on behalf of, residents that may adversely affect the health, safety, welfare, or rights of residents;

   2. (B) Related to action, inaction, or decisions of providers or representatives of providers of:

      1. (i) Long-term care services;
      2. (ii) Public agencies; or
      3. (iii) Health and social service agencies; and

   3. (C) Related to the welfare and rights of residents with respect to the appointment and activities of:

      1. (i) Guardians;
      2. (ii) Conservators; and
      3. (iii) Representative payees;
3. (2) Provide services to protect the health, safety, welfare, and rights of residents;
4. (3) Inform residents about means of obtaining services provided by the Arkansas Long-Term Care Ombudsman Program;
5. (4) Ensure that residents have regular and timely access to the services provided through the Arkansas Long-Term Care Ombudsman Program and that residents and complainants receive timely responses from ombudsmen to requests for information and complaints;
6. (5) Represent the interests of residents before governmental agencies and ensure that individuals have access to and pursue administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents;
7. (6) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the residents, including the adequacy of long-term care facilities and services;
8. (7) Coordinate with and promote the development of citizen organizations such as resident councils and family councils consistent with the interests of residents; and

9. (8) Provide technical assistance as requested for the development and ongoing support of councils to protect the well-being and rights of residents.

   1. (d) Additional responsibilities of the State Long-Term Care Ombudsman:
10. (1) Plan, develop, and implement certification and training of ombudsman representatives in accordance with Subpart 11 of this part;
11. (2) Develop and manage the program to enable the local ombudsman entity to fulfill the program components at Subpart 4 of this part;

12. (3) Provide technical assistance and supervision as needed related to:

    1. (A) Complaint handling;
    2. (B) Issues advocacy; and
    3. (C) Other Arkansas Long-Term Care Ombudsman Program services;
13. (4) Coordinate the activities of the Arkansas Long-Term Care Ombudsman Program with other division programs and other state and federal agencies involved in the care of residents;
14. (5) Maintain program records and reporting system;
15. (6) Provide program data and analysis;
16. (7) Monitor and evaluate the statewide and regional programs;
17. (8) Prepare and distribute an annual report as described in the Older Americans Act, 42 U.S.C. § 3001 et seq., and in accordance 20 CAR § 432-409; and

18. (9) Lead state-level coordination through adoption of memoranda of understanding and other means; and support appropriate coordination between the Arkansas Long-Term Care Ombudsman Program and other local entities with responsibilities relevant to the health, safety, well-being, or rights of residents of long-term care facilities, including, but not limited to:

    1. (A) Area agency on aging programs;
    2. (B) Aging and disability resource centers;
    3. (C) Adult protective services programs;
    4. (D) Protection and advocacy programs;
    5. (E) Regulatory agencies governing provider licensure and certification programs;
    6. (F) The state Medicaid agency;
    7. (G) State and local law enforcement, victim assistance programs, and courts of competent jurisdiction;
    8. (H) State legal assistance developer;
    9. (I) Legal assistance programs; and
    10. (J) The Office of the Attorney General.