(a)

1. (1) An ombudsman shall have immediate access to all long-term care facilities to:

   1. (A) Observe all areas, except the living area of any resident that declines; and
   2. (B) Visit and speak with all:

(i) Residents;

1. (ii) Staff; and

   1. (iii) Others.
2. (2) Ombudsmen have access to residents regardless of whether a resident has an authorized legal representative.

(b)

1. (1) An ombudsman shall have the right to enter long-term care facilities at any time during:

   1. (A) Regular business hours;
   2. (B) Regular visiting hours; or
   3. (C) Any other time when access may be required by the circumstances to be investigated.
2. (2) Prior to entering a facility outside regular business hours or regular visiting hours, an Arkansas Long-Term Care Ombudsman Program representative shall notify the State Long-Term Care Ombudsman.
3. (3) An ombudsman shall notify the facility staff of his or her presence upon entering the facility.

4. (4) The ombudsman shall wear assigned program identification when entering facilities.

   1. (c)
5. (1) An ombudsman has authority to communicate privately and without restriction with any resident who consents to the communication.

6. (2) Whenever possible, the ombudsman will seek to speak with residents at times convenient for the residents.

   1. (d)
7. (1) If an ombudsman is denied immediate access to a facility, any resident, or authorized resident records by a facility employee or agent, the ombudsman shall request of the facility administrator or highest ranking available employee the reason for the denial.
8. (2) If the explanation appears reasonable, the ombudsman shall seek the earliest opportunity to visit the resident or facility or to obtain authorized records.

9. (3) If the explanation does not appear reasonable to the ombudsman, or if access is being denied arbitrarily, the ombudsman shall inform the highest ranking available employee or administrator of the facility of the legal right of the ombudsman to:

   1. (A) Visit the facility;
   2. (B) Communicate with residents; and
   3. (C) Have access to resident records as authorized.

(e)

1. (1) When a denial of access continues after the steps listed in subsection (d) of this section are attempted, the ombudsman shall contact the Regional Ombudsman.

2. (2) The Regional Ombudsman or his or her designee:

   1. (A) Shall request from the administrator, or highest-ranking employee available, an explanation as to the reasons for the refusal of access to a facility, a resident, or a resident record be given to the regional program and the Office of the State Long-Term Care Ombudsman;
   2. (B) Shall immediately notify the State Long-Term Care Ombudsman and provide supporting documentation concerning the facility’s refusal of access; and
   3. (C) May recommend the office seek remedies in accordance with the interference provisions contained in Subpart 7 of this part.

(f)

1. (1) The Office of the State Long-Term Care Ombudsman, upon notice by the Regional Ombudsman of an unreasonable refusal by the facility to permit access to a resident, authorized resident records, or a facility, may notify the Department of Human Services’ Office of Chief Counsel.
2. (2) The Regional Ombudsman shall be notified of the Office of the State Long-Term Care Ombudsman’s actions relative to the Regional Ombudsman’s report of an unreasonable denial of access.