Arkansas Administrative Code

20 CAR § 432-1001. Receipt of complaints. (a) Complaints may be initiated by: (1) Residents; (2) Legal representatives; (3) Family and friends of residents; (4) Long-term care facility staff; (5) Any other person; (6)(A) Complainants who wish to remain anonymous. (B) Ombudsman re…

20 CAR § 432-1002. Ombudsman timeliness of response to complaints. (a) Every ombudsman representative shall use his or her best efforts to initiate investigations of complaints in a timely manner in order to resolve the complaint to the satisfaction of the resident. (b) A respons…

20 CAR § 432-1003. Complaint investigations. (a)(1) Ombudsman program representatives investigate complaints in order to verify the general accuracy of the complaint and to gather information to resolve it. (2) The investigation shall be conducted in a timely and thorough manner …

20 CAR § 432-1004. Verification of complaints. (a) A complaint is “verified” when an ombudsman representative determines after interviews, record inspections, observations, etc., that the circumstances described in the complaint are generally accurate. (b) Because the program wor…

20 CAR § 432-1005. Resolution of complaints. (a)(1) Upon verifying a complaint, the ombudsman representative shall discuss with the resident or resident representative the legal, administrative, and other remedies available to resolve the complaint. (2) The ombudsman representati…

20 CAR § 432-1006. Abuse and neglect. (a)(1) In accordance with federal law, ombudsman representatives who directly observe abuse are not mandated reporters with regard to work on behalf of residents. (2) However, they shall do the following in the case of directly observed abuse…

20 CAR § 432-1007. Complaint referral. (a) The Arkansas Long-Term Care Ombudsman Program shall refer a complaint or problem to another agency when: (1) The resident gives consent to the program to act; and (2) One (1) or more of the following applies: (A) Another agency has resou…

20 CAR § 432-101. Establishment of the Arkansas Long-Term Care Ombudsman Program. (a) The Arkansas Long-Term Care Ombudsman Program is authorized under Section 712 of the Older Americans Act, and the Long-Term Care Ombudsman Act, Arkansas Code § 20-10-601 et seq. (b)(1) The progr…

20 CAR § 432-102. Definitions. As used in this part: (1) “Abuse” means willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish or deprivation by a person, including a caregiver, of goods or se…

20 CAR § 432-1101. Certification training process. (a) The Office of the State Long-Term Care Ombudsman provides for training and certification of ombudsman program staff representatives and volunteer representatives as required by state and federal law. (b) Classroom, on-site tr…

20 CAR § 432-1102. Required training topics. (a) Required training for candidates for Long-Term Care Ombudsman Representative certification includes, but is not limited to, the following topics and content areas: (1) History and role of the Arkansas Long-Term Care Ombudsman Progr…

20 CAR § 432-1103. Classroom training. The State Long-Term Care Ombudsman or designee will instruct sixteen (16) hours of classroom training for new ombudsman representative’s staff or volunteers and will cover the required training topics listed in 20 CAR § 432-1102.

20 CAR § 432-1104. Training in long-term care facilities. (a)(1) The Arkansas Long-Term Care Ombudsman Program certification process for regional ombudsman program staff includes on-site training of sixteen (16) hours in a long-term care facility. (2) Training shall consist of bu…

20 CAR § 432-1105. Certification examination. (a)(1) The State Long-Term Care Ombudsman or designee provides the trainee a written examination. (2) The examination is designed to assess the ability to apply the complaint investigation process to sample cases by: (A) Identifying i…

20 CAR § 432-1106. Failure to complete training requirements. The State Long-Term Care Ombudsman has the authority to refuse to designate an individual as an ombudsman representative should he or she fail to satisfactorily complete the training requirements for certification, as …

20 CAR § 432-1107. Notification of certification. (a) When a trainee meets the required training requirements, the State Long-Term Care Ombudsman may certify him or her as a certified ombudsman representative. (b) Such certification constitutes a designation by the State Long Ter…

20 CAR § 432-1108. Certification — Continuation requirements. (a) Compliance with Arkansas Long-Term Care Ombudsman Program policies and procedures. In order to maintain certification, the ombudsman representative must comply with the requirements of this part. (b) Program affili…

20 CAR § 432-201. Program structure. (a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall establish and administer the Office of the State Long-Term Care Ombudsman in accordance with the Older Americans Act, 42 U.S.C. § 3001 e…

20 CAR § 432-202. Arkansas Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services responsibilities. The Division of the Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Provide for a full-time State …

20 CAR § 432-203. State Long-Term Care Ombudsman responsibilities. (a) The State Long-Term Care Ombudsman: (1) Shall be the head of a unified statewide program; and (2) Is responsible for the leadership and management of the Office of the State Long-Term Care Ombudsman. (b) The S…

20 CAR § 432-204. Area agency on aging responsibilities. (a)(1) The area agency on aging shall fiscally administer the grants or contracts under which regional programs operate in compliance with federal and state laws and administrative rules. (2) Any area agency on aging contra…

20 CAR § 434-205. Provider agency responsibilities. The provider agency shall: (1) Be the sole provider of designated ombudsman services in the service area identified through a contract with, or a grant from, the area agency on aging or the Division of Aging, Adult, and Behavior…

20 CAR § 432-206. Regional Ombudsman responsibilities. (a) The Regional Ombudsman is responsible for the day-to-day operation of the regional ombudsman program. (b) The Regional Ombudsman shall: (1) Identify, investigate, and resolve complaints made by or on behalf of residents; …

20 CAR § 432-207. Ombudsman representative general responsibilities.Ombudsman representatives are responsible for: (1) Providing Arkansas Long-Term Care Ombudsman Program services to protect the health, safety, welfare, and rights of residents in accordance with the provisions of…

20 CAR § 432-301. Designation of ombudsman programs. The Arkansas Long-Term Care Ombudsman Program shall designate provider agencies, also known as regional ombudsman programs or local ombudsman entities, to provide ombudsman representative services throughout Arkansas.

20 CAR § 432-302. Criteria for designation as a provider agency. In order to be eligible for designation by the Office of the State Long-Term Care Ombudsman as a provider agency, an entity must: (1) Be public or nonprofit; (2) Not be responsible for licensing or certifying long-t…

20 CAR § 432-303. Process for designation of a provider agency, where the area agency on aging serves as provider agency. (a) The area agency on aging shall request consideration to be designated as a provider agency and submit a proposal to the Office of the State Long-Term Care…

20 CAR § 434-304. Process for designation of a provider agency where the Office of the State Long-Term Care Ombudsman contracts directly with a provider agency. (a) Where the contract for regional ombudsman services is not with the area agency on aging, the designation of a provi…

20 CAR § 432-305. Withdrawal of designation of ombudsman programs. The State Long-Term Care Ombudsman may refuse to designate or may dedesignate an entity as a provider agency for one (1) or more of the following reasons: (1) Failure to continue to meet the criteria for designati…

20 CAR § 432-306. Process for withdrawal of designation of an ombudsman program provider agency. (a) Where an area agency on aging serves as a provider agency, the process to dedesignate the provider agency shall be as follows: (1)(A) The State Long-Term Care Ombudsman shall send…

20 CAR § 432-307. Voluntary withdrawal of a provider agency. (a)(1) A provider agency may voluntarily relinquish its designation by providing notice to the State Long-Term Care Ombudsman and the area agency on aging in the relevant service area. (2) Such notice shall be provided …

20 CAR § 432-308. Designation of long-term care ombudsman representatives — Criteria for designation. (a) The State Long-Term Care Ombudsman certifies and designates individuals as ombudsman representatives to participate in the Arkansas Long-Term Care Ombudsman Program and to re…

20 CAR § 432-309. Minimum qualifications of the Regional Ombudsman. In order to qualify as a Regional Ombudsman, an individual must have completed: (1) One of the following: (A) An undergraduate degree from a four-year college or university with major course work in: (i) Social w…

20 CAR § 432-310. Minimum qualifications of staff ombudsman representatives. In order to qualify for an ombudsman representative staff position, an individual must have: (1) Graduated from a four-year high school or passed the General Education Development (GED) test; (2) Three (…

20 CAR § 432-311. Minimum qualifications for volunteer ombudsman representatives. (a) No minimum education or experience is required for volunteers prior to screening and acceptance into the Arkansas Long-Term Care Ombudsman Program. (b) The Office of the State Long-Term Care Omb…

20 CAR § 432-312. Provider agency process for hiring ombudsman program representatives. (a) Prior to offering employment to an individual for the purpose of serving as an ombudsman representative, the provider agency shall: (1) Indicate to the State Long-Term Care Ombudsman that …

20 CAR § 432-313. Certification of formerly certified ombudsman representatives from Arkansas or from another state. (a) When an individual has been certified as an ombudsman representative previously in Arkansas but is not currently certified and has not been certified within th…

20 CAR § 432-314. Notification of designation. The State Long-Term Care Ombudsman shall send written notification of an individual’s designation as an ombudsman representative to the individual being designated, as well as the Regional Ombudsman, the area agency on aging, and the…

20 CAR § 432-315. Refusal to designate, suspension of designation, or withdrawal of designation of an individual as an ombudsman representative. The State Long-Term Care Ombudsman may refuse to designate, suspend designation, or dedesignate an individual as an ombudsman represent…

20 CAR § 432-316. Process for refusal to designate, suspension of designation, or withdrawal of an individual as an ombudsman representative. (a) Prior to refusing to designate, suspending designation, or dedesignating an individual as an ombudsman representative, the State Long-…

20 CAR § 432-317. Grievances against an ombudsman representative related to the performance of duties. (a) All grievances shall be documented, and an outcome and any relevant action shall be identified. (b) Grievances shall be promptly resolved at the lowest possible level. (c) C…

20 CAR § 432-401. Service components. (a)(1) The Arkansas Long-Term Care Ombudsman Program shall provide services to protect the health, safety, welfare, and rights of residents. (2) These service components are: (A) Complaint processing; (B) Information and consultation; (C) Com…

20 CAR § 432-402. Complaint processing. (a) The Arkansas Long-Term Care Ombudsman Program shall identify, investigate, and resolve complaints made by or on behalf of residents. (b)(1) Although the issues and circumstances of complaints will vary, the general guidelines of Subpart…

20 CAR § 432-403. Information and consultation. (a) The Arkansas Long-Term Care Ombudsman Program shall promptly provide information and consultation regarding long-term care and related issues as requested. (b) However, responses should not take more than five (5) working days.…

20 CAR § 432-404. Community outreach and education. (a) The Arkansas Long-Term Care Ombudsman Program shall educate the community about: (1) Long-term care; (2) The program; and (3) Related issues. (b) The program shall provide in-service education to long-term care facility staf…

20 CAR § 432-405. Routine visits to long-term care facilities. (a) The Arkansas Long-Term Care Ombudsman Program shall have a regular presence in all long-term care facilities in order to: (1) Monitor the conditions of residents; (2) Provide information regarding the Long-Term Ca…

20 CAR § 432-406. Issue advocacy. (a)(1) The Arkansas Long-Term Care Ombudsman Program shall ensure that the interests of residents are represented to government agencies and policy-makers. (2) The program and its representatives shall be excluded from any state lobbying prohibit…

20 CAR § 432-407. Resident and family council activities. (a) The Arkansas Long-Term Care Ombudsman Program shall: (1) Support the development of resident and family councils in long-term care facilities; (2) Provide technical support to resident and family councils; (3) Respond …

20 CAR § 432-408. Volunteer management. (a) The Arkansas Long-Term Care Ombudsman Program shall utilize volunteers to maximize its resources to benefit residents. (b) The regional ombudsman programs shall propose their procedures for recruitment, training, and use of volunteers i…

20 CAR § 432-409. Regional program annual service plan. (a) Each regional ombudsman program shall prepare an Arkansas Long-Term Care Ombudsman Program annual plan for submission to the State Long-Term Care Ombudsman, setting goals for the regional ombudsman program for the follow…