(a) The State Agency establishes and operates a statewide Long-Term Care Ombudsman Program consistent with the requirements of the Older Americans Act and the Oklahoma Long-Term Care Ombudsman Act.  The State Agency, through the Office of the State Long-Term Care Ombudsman (Office):

• (1) identifies, investigates, and resolves complaints made by, or on behalf of, residents of long-term care facilities that relate to action, inaction, or decisions of providers, or representatives of providers of long-term care services, public agencies, or health and social services agencies that may adversely affect the health, safety, welfare or rights of the residents, including the welfare and rights of residents with respect to the appointment and activities of guardians and representative payees;
• (2) analyzes and monitors the development and implementation of federal, state, and local laws, regulations, and policies with respect to long-term care facilities and services in the state, and recommends any changes in such laws, regulations, and policies deemed by the Office to be appropriate;  
• (3) provides information to public agencies, legislators, and others, as deemed necessary by the Office, regarding the problems and concerns, including recommendations related to such problems and concerns, of older individuals residing in long-term care facilities; 
• (4) provides training for staff and volunteers and promotes the development of citizen organizations to participate in the Ombudsman Program;
• (5) carries out other activities consistent with the requirements of this Part which the Assistant Secretary determines appropriate;
• (6) establishes procedures for appropriate access by the ombudsman to long-term care facilities, appropriate private access to residents, and appropriate access to residents' personal and medical records;
• (7) establishes procedures to protect the confidentiality of records and ensures that the identity of any complainant or resident is not disclosed without consent of such complainant or resident, or upon court order;
• (8) establishes a statewide uniform reporting system to collect and analyze information on complaints and conditions in long-term care facilities, for the purpose of identifying and resolving significant problems.  The state long-term care ombudsman must submit this information to the agency of the state responsible for licensing or certifying long-term care facilities in the state and to the Assistant Secretary in the manner prescribed by the Assistant Secretary;
• (9) prepares an annual report containing data and findings regarding the types of problems experienced and complaints made by or on behalf of individuals residing in long-term care facilities, and provides policy, regulatory and legislative recommendations to solve such problems, resolve such complaints, and improve the quality of care and life in long-term care facilities;
• (10) ensures that no officer, employee, or other representative of the Office is subject to a conflict of interest; and
• (11) plans and operates the Ombudsman Program, considering the views of Area Agencies on Aging, older individuals and provider agencies.

(b) The State Agency ensures that:

• (1) no individual involved in the designation of the long-term care ombudsman, whether by appointment or otherwise, or the designation of the head of any subdivision of the Office is subject to a conflict of interest;
• (2) mechanisms are in place to identify and remedy any conflicts of interest or other similar conflicts;
• (3) adequate legal counsel is available to the Office for advice and consultation and that legal representation is provided to any representative of the Office against whom suit or other legal action is brought in connection with the performance of such representative's official duties; and
• (4) the Office has the ability to pursue administrative, legal, and other appropriate remedies on behalf of residents of long-term care facilities.