1. (a) Any person who has knowledge of such interference or retaliation may report such information to the State Long-Term Care Ombudsman.
2. (b) The Office of the State Long-Term Care Ombudsman shall review the information provided and within ten (10) days conduct further investigation if necessary to confirm the occurrence of the interference or retaliation.

3. (c) If the State Long-Term Care Ombudsman, based on such review, determines that enforcement action is warranted, they shall pursue the following course of action:

   1. (1) Where the entity which has interfered or retaliated is a long-term care facility or its staff or agents:

      1. (A) The State Long-Term Care Ombudsman shall submit within fourteen (14) days a written report of such interference or retaliation to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and to the Office of Long-Term Care;
      2. (B) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Office of Long-Term Care shall investigate the report of the State Long-Term Care Ombudsman in accordance with procedures for complaint investigation; and
      3. (C) If the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and the Office of Long-Term Care complaint investigation confirms the occurrence of such interference or retaliation, the Office of Long-Term Care has the authority to impose penalties in accordance with its procedures for the imposition of penalties; and

   2. (2) Where the entity which has interfered or retaliated is an entity other than a long-term care facility or its staff or agents:

      1. (A)

4. (i) The State Long-Term Care Ombudsman shall report such interference or retaliation to the Director of the Office of Long-Term Care within the Division of Provider Services and Quality Assurance.

   1. (ii) Such interference by an individual who is an official or employee of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, an area agency on aging, or a provider agency shall be deemed to be a violation of Older Americans Act Amendments of 1992 § 705(a); and Arkansas Code §§ 20-10-205 and 20-10-206; and

      1. (B)

         1. (i) The Division of Provider Services and Quality Assurance’s Director of the Office of Long-Term Care shall assist the State Long-Term Care Ombudsman in determining appropriate sanctions and ensuring that appropriate sanctions are implemented.
         2. (ii)
5. (a) (a) A violation would constitute a Class C violation.

6. (b) (b) “Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident”.

   1. (c) (c) Under the statute, Class C violations “are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation” and each “subsequent Class C and Class D violation within a six-month period from the last violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached.”

Codification Notes: (c)(2)(B)(ii)(b) is quoting language from Arkansas Code § 20-10-205. Subdivision (c)(2)(B)(ii)(c) is quoting language from Arkansas Code § 20-10-206.