(a) For legal advice and consultation, an ombudsman representative shall request assistance from:

1. (1) The State Long-Term Care Ombudsman, which shall ensure the provision of advice and consultation for the ombudsman representative; or
2. (2) The Elder Legal Assistance Program in the relevant service area if the issue relates to long-term care facility residents.

(b) For an ombudsman representative to obtain legal representation:

1. (1) The ombudsman representative shall as soon as possible advise the State Long-Term Care Ombudsman 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; and

2. (2) If the State Long-Term Care Ombudsman determines that the ombudsman representative performed his or her duties in good faith, the State Long-Term Care Ombudsman shall authorize the ombudsman representative to obtain legal representation as follows:

   1. (A) The State Long-Term Care Ombudsman will, as soon as possible, submit a written request to the Director of the Division of Aging, Adults, and Behavioral Health Services of the Department of Human Services for legal representation for the ombudsman representative; or
   2. (B) The ombudsman representative shall identify independent legal counsel; and
   3. (C)

(i) The State Long-Term Care Ombudsman shall obtain prior approval from the Director for legal representation expenditures.

1. (ii) The state agency shall provide state funds to cover such legal representation.