The Program complaint mechanism functions at all levels with procedures for receipt, investigation, and resolution of problems and complaints.

1. (1) The Office staff:
2. (A) receive complaints from all sources, including referrals from enforcement agencies and complaints from area ombudsman programs;
3. (B) refer complaints to area ombudsman supervisors when appropriate;
4. (C) investigate complaints directly or with ombudsman supervisors;
5. (D) refer unresolved formal complaints to a regulatory or law enforcement agency, when appropriate;
6. (E) assist other agencies in complaint resolution;
7. (F) follow-up on complaint resolution and closure; and
8. (G) may decline to investigate any complaint when:
9. (i) the complaint is frivolous or not made in good faith;
10. (ii) the complaint was made so long after the incident that it is no longer reasonable to conduct an investigation;
11. (iii) an adequate investigation cannot be conducted because of insufficient funds, insufficient staff, lack of staff expertise, or any other reasonable factor that would result in an inadequate investigation despite a good faith effort; or
12. (iv) an investigation by the Office would create a real or apparent conflict of interest.
13. (2) Area ombudsman supervisors:
14. (A) receive complaints from all sources;
15. (B) investigate complaints through on-site, unannounced visits to the facility or refer the complaints to ombudsman volunteers;
16. (C) resolve complaints or refer the complaint in writing to Ombudsman staff when correction cannot be achieved at the area level, or when a regulatory or law enforcement agency's assistance is needed; and
17. (D) follow-up on conditions identified through the complaint process.
18. (3) Ombudsman volunteers:
19. (A) receive complaints and learn of problems from all sources;
20. (B) investigate complaints through on-site, unannounced, routine weekly visitation to the assigned facility or refer complaints to an ombudsman supervisor for investigation;
21. (C) resolve problems or complaints within the facility or refer to an ombudsman supervisor for resolution; and
22. (D) follow-up on conditions through routine, weekly visitation with residents in the assigned facility.

<div><span style="font-family: Arial; font-size: 12pt;">Transferred from 340:105-11-237 by SB 1709 (2024), eff 11-1-24</span></div>

Amended at 42 Ok Reg, Number 20, effective 7-11-25