(a) The Arkansas Long-Term Care Ombudsman Program shall have a regular presence in all long-term care facilities in order to:

1. (1) Monitor the conditions of residents;
2. (2) Provide information regarding the Long-Term Care Ombudsman Program; and
3. (3) Ensure resident access to an ombudsman representative.

(c)

1. (1) Ombudsman representatives shall:

   1. (A) Document observations during or immediately after each facility visit; and
   2. (B) Maintain such documentation with ombudsman representative records.
2. (2) Ombudsman representative observations of conditions in the facility which adversely affect the health, safety, welfare, or rights of residents and which the ombudsman representative takes action to resolve shall be documented as ombudsman-generated complaints if no other person has reported the complaint to the ombudsman.

(d) The ombudsman representative shall:

1. (1) Wear a visible identification badge while visiting the facility;

2. (2)

   1. (A) Ensure that the facility posts the Arkansas Long-Term Care Program poster in the facility so that it is readily visible to residents, families, and staff.
   2. (B) Depending on the floor plan of the facility, several posters may need to be posted to meet this requirement.
   3. (C) The poster shall contain current contact information for the Arkansas Long-Term Care Ombudsman Program assigned to serve the residents of the facility;
3. (3) Provide residents, families, and staff with the Arkansas Long-Term Care Program brochure;

4. (4)

   1. (A) Introduce himself or herself and explain the purpose of the Arkansas Long-Term Care Ombudsman Program to residents in the facility, making special effort to visit residents who have been admitted since the ombudsman’s last visit.
   2. (B) A visit for the purpose of taking action on a complaint may be made simultaneously with a routine visit to maximize efficient use of time and resources; and
5. (5) Offer any resident who speaks with him or her the opportunity to speak privately and confidentially.

(e)

1. (1) The regional ombudsman program shall ensure that residents have regular and timely access to an ombudsman representative, but at a minimum, at least once per quarter.
2. (2) More frequent visits are encouraged as resources permit.

(f) Ombudsman representative presence should be increased in facilities in which there is a history of serious or frequent complaints, or if there is a change in ownership or administration if this change raises concerns about:

1. (1) Facility operations;
2. (2) Imposition of a serious state or federal sanction or plan of correction;
3. (3) A pending bankruptcy;
4. (4) An imminent closure; or
5. (5) For any reason necessary to protect residents’ interests as determined by the Regional Ombudsman.