(a)
- (1) Area agencies on aging have an active and ongoing responsibility in monitoring.
- (2) However, area agencies on aging shall not have access to Arkansas Long-Term Care Ombudsman Program records which contain identifying information about residents or complainants.
(b)
- (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, area agencies on aging, and provider agencies shall not have access to resident records.
- (2) Aggregate data and the ombudsman monitoring tool should be used for purposes of oversight and monitoring of the regional programs.
(c)
- (1) The Regional Ombudsman shall conduct an annual review of selected Arkansas Long-Term Care Ombudsman Program records in accordance with the standardized tool developed by the Office of the State Long-Term Care Ombudsman.
(2)
- (A) The results of the review shall be submitted to the provider agency, the relevant area agency on aging, and the office.
- (B) This report shall not contain any resident, resident representative, or complainant identifying information.
(d)
- (1) The office shall conduct a review of the regional program files at least once every two (2) years and report the results of the review to the provider agency and the area agency on aging.
- (2) This report shall not contain any resident, resident representative, or complainant identifying information.
- (e) More frequent reviews may be conducted at the request of the provider agency, the area agency on aging, or the office.
- (f) The supervisor of the Regional Ombudsman shall not review program records.
- (g) No state agency, area agency on aging, provider agency, or legal representative shall require an ombudsman to disclose the identity of a resident or complainant without consent of the resident or complainant.