Grievances against an ombudsman representative related to the performance of duties
Arkansas Code § 20-10-602
- (a) All grievances shall be documented, and an outcome and any relevant action shall be identified.
- (b) Grievances shall be promptly resolved at the lowest possible level.
(c) Complaints against ombudsman representatives — Regional staff or volunteers.
(1)
- (A) Complaints about a paid or volunteer ombudsman shall be in writing and directed to the Regional Ombudsman.
- (B) The nature of the complaint and the investigation shall be promptly documented.
- (C) The Regional Ombudsman shall inform the State Long-Term Care Ombudsman of any grievances filed against an ombudsman representative.
(2)
- (A) The Regional Ombudsman shall investigate the complaint and provide a written response to the complainant at the conclusion of the investigation.
- (B) The investigation shall be initiated within seven (7) calendar days from receipt of the written complaint.
- (C) The response to the complainant shall be sent within thirty (30) calendar days of receipt of the complaint when practicable.
- (D) The Regional Ombudsman’s written response to the complainant shall include the phone number of the Office of the State Long-Term Care Ombudsman, along with instructions on sending the matter to the next level, in the event the complainant is not satisfied with the outcome of the investigation.
(3)
- (A) An individual who filed a grievance and is dissatisfied with the decision of the Regional Ombudsman may file a written request for review with the State Long-Term Care Ombudsman within thirty (30) calendar days of the decision.
- (B) The State Long-Term Care Ombudsman shall respond in writing to the written request for review within forty-five (45) calendar days of receipt of the request when practicable.
- (C) The decision of the State Long-Term Care Ombudsman is final and cannot be appealed.
(d) Complaints against Regional Ombudsmen.
(1)
- (A) Complaints about the Regional Ombudsman shall be in writing and directed to the State Long-Term Care Ombudsman.
- (B) Complaints received by the area agency on aging or the provider agency shall be forwarded on to the State Long-Term Care Ombudsman.
- (2) The nature of the complaint and the investigation shall be promptly documented.
- (3) The State Long-Term Care Ombudsman shall inform the area agency on aging or provider agency of any grievances filed against a Regional Ombudsman.
(4)
- (A) The Office of the State Long-Term Care Ombudsman shall investigate the complaint and provide a written response to the complainant.
- (B) The investigation shall be initiated within seven (7) calendar days from receipt of the written complaint.
- (C) The response to the complainant shall be sent within thirty (30) calendar days of receipt of the complaint when practicable.
- (5) The decision of the State Long-Term Care Ombudsman is final and cannot be appealed.
(e) Complaints against state ombudsman staff.
(1)
- (A) A complaint about the State Long-Term Care Ombudsman staff shall be in writing and directed to the State Long-Term Care Ombudsman.
- (B) The nature of the complaint and the investigation shall be promptly documented.
(2)
- (A) The State Long-Term Care Ombudsman shall begin the investigation within seven (7) calendar days from receipt of the written complaint.
- (B) The State Long-Term Care Ombudsman shall provide a written response to the complainant within thirty (30) calendar days of receipt of the complaint when practicable.
(3)
- (A) An individual who filed a grievance and is dissatisfied with the decision of the State Long-Term Care Ombudsman may file a written request for review with the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
- (B) The director shall provide a written response to the written request for review within sixty (60) calendar days of receipt of the request when practicable.
(f) Complaints against the State Long-Term Care Ombudsman.
- (1) A complaint about the State Long-Term Care Ombudsman shall be in writing and directed to the director.
- (2) The nature of the complaint and the investigation shall be promptly documented.
(3)
- (A) The director shall begin the investigation within seven (7) calendar days from receipt of the written complaint when feasible.
- (B) A written response to the complainant shall be sent within thirty (30) calendar days of receipt of the complaint when practicable.
- (4) The decision of the director is final and cannot be appealed.