1. (a)

   1. (1) The area agency on aging shall fiscally administer the grants or contracts under which regional programs operate in compliance with federal and state laws and administrative rules.
   2. (2) Any area agency on aging contract or grant provision that requires regional program service delivery components or data collection policies and processes, practices, or protocols different from those presented in this part must be approved in writing by the Office of the State Long-Term Care Ombudsman and, when necessary, a waiver request must be submitted.

2. (b) In administering the regional program services, the area agency on aging shall:

   1. (1) Support a full-time Regional Ombudsman for each regional program;

   2. (2)

      1. (A) Have an active and ongoing responsibility in monitoring.
      2. (B) However, area agencies on aging do not have access to Arkansas Long-Term Care Ombudsman Program records which contain identifying information about residents.
      3. (C) Ongoing monitoring includes reviewing:

3. (i) Budget, expenditure, and audit reports;

   1. (ii) Regional program coordination with other agencies;

      1. (iii) Reports provided by the Office of the State Long-Term Care Ombudsman which reflect activities of the regional program;

         1. (iv) Conflict of interest forms and remedies; and
         2. (v) Policies and procedures of the provider agency that relate to the regional program;

   2. (3)

      1. (A) Monitor the regional program yearly using an office-approved monitoring tool in order to assess the adequacy of program services and the internal quality assurance procedures pursuant to the contract or grant with the State Long-Term Care Ombudsman being notified of the monitoring visit.
      2. (B) The completed monitoring tool shall be submitted to the office within thirty (30) calendar days of the monitoring visit;
   3. (4) Review and comment on the Ombudsman Annual Service Plan on an annual basis;
   4. (5) Adhere to the maintenance of effort requirements for each regional program as required by the Older Americans Act, 42 U.S.C. § 3001 et seq.;
   5. (6) Ensure that Older Americans Act Title VII Arkansas Long–Term Care Ombudsman Program funds are used exclusively for program services and direct advocacy program activities;
   6. (7) Make no requirement for matching funds for Older Americans Act Title VII funds received by the area agencies on aging for regional ombudsman program services;
   7. (8) Include the Regional Ombudsman when appropriate in discussions, meetings, conferences, reports, and other area agency on aging functions and operations such as boards and advisory councils related to long-term care and to serve as the voice for residents;
   8. (9) Have no unremedied conflicts of interest; and

   9. (10) Provide technical assistance as needed.

      1. (c) The area agency on aging shall support the regional program to the extent possible by:
   10. (1) Promoting the attendance of the area agency on aging regional ombudsman representative to attend office-sponsored trainings and meetings pertaining to the program;
   11. (2) Assisting in the development of resources for the operation of the regional program, including financial and human resources;
   12. (3) Providing opportunities for the regional program and other aging and social services organizations to collaborate to promote the health, safety, welfare, and rights of residents;
   13. (5) Making appropriate referrals to the regional program;
   14. (6) Promoting awareness of long-term care ombudsman services to consumers and the general public within the service area; and

   15. (7) Recognizing the responsibilities of the regional ombudsmen to promote systems and issues advocacy on behalf of residents.

       1. (d) The area agency on aging shall submit the required financial and programmatic reports to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to the office in accordance with the established departmental instructions.

4. (e) In the selection of a Title III legal assistance provider, the area agency on aging shall award funds to the applicant or applicants that most fully meet the policies and processes set forth in 45 C.F.R. § 1321.71(c), to include the capacity to provide:

   1. (1) Support to the regional program; and
   2. (2) Legal services to institutional older persons.
5. (f) The area agency on aging shall cooperate with the office to implement a transition plan to minimize disruption in ombudsman services to residents in the event the contract or grant for the regional program services is terminated or not renewed.
6. (g) The area agency on aging shall perform each of its responsibilities in administering the regional program in accordance with all applicable federal and state laws, regulations, policies, and this part.

7. (h) Where an area agency on aging provides Arkansas Long-Term Care Ombudsman Program services directly, it must also fulfill the responsibilities of a provider agency as outlined in 20 CAR § 432-302.

   1. (i) The area agency on aging shall notify the office of any concerns of noncompliance by the provider agency in carrying out the duties of the Arkansas Long-Term Care Ombudsman Program.

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