(a) For the Office of the State Long-Term Care Ombudsman to obtain legal advice and consultation, the State Long-Term Care Ombudsman or designee may:

1. (1) Consult with the Office of Chief Counsel in the Department of Human Services for programmatic legal issues;
2. (2) Consult with the Office of Chief Counsel for resident-related legal issues; or
3. (3) Contact the Office of Chief Counsel for guidance on Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services policy or procedure or other matters for which that Office of Chief Counsel has primary responsibility.

(b) For the State Long-Term Care Ombudsman to obtain representation:

1. (1) The State Long-Term Care Ombudsman or designee shall, as soon as possible, advise the Secretary of the Department of Human Services and the Office of Chief Counsel of the legal action or threatened legal action, including any:

   1. (A) Complaint;
   2. (B) Summons;
   3. (C) Subpoena;
   4. (D) Lawsuit;
   5. (E) Injunction;
   6. (F) Court order; or
   7. (G) Notice of any other legal action;
2. (2) When appropriate, the State Long-Term Care Ombudsman will, as soon as possible, submit a written request to the secretary for legal representation as needed in order to protect the health, safety, welfare, and rights of residents.

(c)

1. (1) Where a conflict of interest exists, the State Long-Term Care Ombudsman or designee shall arrange for the provision of legal representation of the State Long-Term Care Ombudsman by an independent attorney.
2. (2) A conflict of interest may be identified by either the Office of Chief Counsel, the secretary, or the State Long-Term Care Ombudsman.

3. (3)

   1. (A) The State Long-Term Care Ombudsman or designee shall obtain prior approval from the secretary for the legal representation expenditure.
   2. (B) The department will provide funding for such expenditures.