(a) Where the contract for regional ombudsman services is not with the area agency on aging, the designation of a provider agency shall occur as follows:

1. (1) The Office of the State Long-Term Care Ombudsman shall:

   1. (A)

(i) Seek an entity to provide ombudsman services within a particular service area.

1. (ii) The process will identify the criteria for designation as a provider agency and shall request submission of documents supporting the entity’s claim to meet these criteria;

   1. (B) Require that all of the responding entities which meet the criteria for designation develop a proposal setting forth, at a minimum:

      1. (i) Assurance that the entity meets all the criteria for designation as a provider agency;
      2. (ii) The entity’s goals and objectives in providing ombudsman program services;
      3. (iii) A description of how each program service component shall be met, see Subpart 4 of this part, including the staffing plan for the regional ombudsman program; and
      4. (iv) A description of the entity’s resources which will be provided to assist in the operation of the regional program;

2. (2) The State Long-Term Care Ombudsman shall:

   1. (A)

      1. (i) Review each submitted proposal and choose the entity most appropriate to serve as the provider agency based on the submitted proposals and on the criteria for designation.
      2. (ii) In considering which entity is most appropriate to designate as the provider agency, the State Long-Term Care Ombudsman may consult with the area agency on aging serving the relevant service area; and

   2. (B)

      1. (i) Notify the responding entities of this determination within forty-five (45) days.
      2. (ii) The notification shall be consistent with office policy and procedures; and

3. (3)

   1. (A) The office shall contract with the provider agency to provide ombudsman services.

   2. (B) Such contract must:

      1. (i) Specify the service area;
      2. (ii) Require the provider agency to adhere to all applicable federal and state laws, regulations, and policies, and the office policies and procedures; and
      3. (iii) Provide that the designation by the State Long-Term Care Ombudsman continues for the duration of the contract and subsequently renewed contracts within the period specified within the competitive bid unless:

(b) (b) The contract is terminated for cause.

1. (C) The execution date of the provider agency’s contract with the office shall be the effective date of the designation.