(a)

1. (1) The Arkansas Long-Term Care Ombudsman Program shall ensure that the interests of residents are represented to government agencies and policy-makers.
2. (2) The program and its representatives shall be excluded from any state lobbying prohibitions.

(b)

1. (1) Issue advocacy activities performed by ombudsman representatives shall be consistent with the positions of the Office of the State Long-Term Care Ombudsman.

2. (2) Issue advocacy activities include, but are not limited to:

   1. (A) Educating advocacy groups, governmental agencies, and policymakers regarding the impact of laws, policies, or practices on long-term care residents;
   2. (B) Advocating for modification of laws, regulations, and other governmental policies and actions pertaining to the rights and well-being of residents;
   3. (C) Facilitating the ability of residents and the public to comment on such laws, regulations, policies, and actions;
   4. (D) Developing or participating in committees or workgroups to study long-term care issues;
   5. (E) Presenting to and participating in public hearings related to long-term care issues; and
   6. (F) Educating other aging service providers, advocacy groups, and the public on specific long-term care issues and policies.

(c) The program may address resident complaints through issue advocacy when:

1. (1) There are no statutory or regulatory remedies;
2. (2) Many residents share a similar complaint or are affected by a policy or practice; or
3. (3) Other strategies to reach resolution with particular facilities or agencies have been unsuccessful.

(d) Guidelines for issues advocacy include:

1. (1) The State Long-Term Care Ombudsman shall provide guidance and direction to programs related to federal and state issues advocacy; and

2. (2) The program shall:

   1. (A) Determine other issue advocacy activities to use by considering the:

(i) Impact of the activity on residents;

1. (ii) Most appropriate and effective method of addressing the issue;

   1. (iii) Potential impact on the program; and

      1. (iv) Possibility of joint efforts by:

(b) (b) The provider agency;

1. (c) (c) Residents;

   1. (d) (d) Families; or

(e) (e) Other advocacy organizations;

1. (B) Inform the provider agency and the State Long-Term Care Ombudsman of plans to engage in issues advocacy through the long-term care ombudsman annual plan;

   1. (C)

      1. (i) Inform the provider agency and the State Long-Term Care Ombudsman of advocacy steps taken on high-profile or politically sensitive issues, e.g., involving media or legislative contacts.
      2. (ii) The recommended practice is to inform these parties prior to taking action when possible; and
   2. (D) Attempt to involve residents and families in the activity whenever possible.

(e) The State Long-Term Care Ombudsman’s role is to:

1. (1) Provide leadership to statewide advocacy efforts on behalf of long-term care residents;

2. (2) Recommend public policy changes through:

   1. (A) Publication of an annual report;
   2. (B) Legislative and administrative advocacy;
   3. (C) Work with media;
   4. (D) Collaboration with other agencies and advocates; and
   5. (E) Other appropriate means;
3. (3) Link areas or advocacy groups with mutual concerns;
4. (4) Coordinate issues advocacy activities within the program;
5. (5) Develop advocacy strategies;
6. (6) Identify and provide needed resources and training of ombudsman representatives and others in the aging network; and
7. (7) Provide training and technical assistance to area agencies on aging, provider agencies, and others in the aging network regarding the program’s role in issue advocacy.