(a)
- (1) All program records are the property of the Office of the State Long-Term Care Ombudsman, including program and case records located at the regional ombudsman program office.
- (2) The State Long-Term Care Ombudsman or designee may access Arkansas Long-Term Care Ombudsman Program records at any time regardless of their location, including unimpeded access to Arkansas Long-Term Care Ombudsman Program records stored at the regional ombudsman program.
- (b) Arkansas Long-Term Care Ombudsman Program records shall be confidential and shall be disclosed only in limited circumstances specifically provided by applicable law and 20 CAR § 432-903.
(c)
- (1) Each ombudsman representative has access to Arkansas Long-Term Care Ombudsman Program records of the regional program for which he or she serves.
- (2) When required to provide temporary coverage for another regional program, an ombudsman may have access to the Arkansas Long-Term Care Ombudsman Program records of another regional program to the extent necessary to provide such coverage.
(3) The Regional Ombudsman shall:
- (A) Limit access of Arkansas Long-Term Care Ombudsman Program records to authorized Arkansas Long-Term Care Ombudsman Program personnel;
- (B) Maintain Arkansas Long-Term Care Ombudsman Program records in a secure location controlled by the Regional Ombudsman; and
- (C) Ensure that the ombudsman representative can safely and securely transmit records by electronic mail or facsimile.