(a) The Office of the State Long-Term Care Ombudsman (Office) officially designates agencies serving as area or local subdivisions of the Office through an annual designation process, in accordance with State Agency administrative funding procedures.

• (1) Staff and volunteer representatives of the Office are officially designated in writing by the state long-term care ombudsman.
• (2) Designation as a representative of the Office:
  • (A) for an area staff person is based on the person meeting criteria necessary to satisfactory performance in the position, including, but not limited to, the person:
    • (i) is free from any conflict of interest as defined by this policy and in compliance with federal and state statute and does not stand to gain financially through an action or potential action brought on behalf of residents the ombudsman serves;
    • (ii) meets minimum job qualifications and screening standards set by the Office; and
    • (iii) satisfactorily completes training prescribed by the state long‑term care ombudsman; and
  • (B) for an ombudsman volunteer is accomplished through a certification process, and based on the person meeting criteria necessary to satisfactory performance in the position, including, but not limited to, the person:
    • (i) is free from any conflict of interest as required by statute and defined by this Part and does not stand to gain financially through an action or potential action brought on behalf of residents the ombudsman serves;
    • (ii) meets screening criteria set in this Part;
    • (iii) satisfactorily completes training prescribed by the state long-term care ombudsman; and
    • (iv) completes and signs Form:
      • (I) 02OM003E, Ombudsman Volunteer Application, agreeing to accept supervision and follow the rules and guidelines of the program; and
      • (II) 04AD003E, Request for Background Check, authorizing the Office to conduct a criminal background check.

(b) The state long-term care ombudsman has the authority to refuse to designate:

• (1) a person, staff or volunteer, as a representative of the Office for any reasonable cause related to satisfactory performance in the position, including, but not limited to:
  • (A) an unresolved or unresolvable conflict of interest;
  • (B) failure to satisfactorily complete training; and
  • (C) failure to meet screening standards for volunteers and staff, including criminal background check, or minimum job qualifications for area staff representatives; and
• (2) an agency as a subdivision of the Office for any reasonable cause that prevents satisfactory operation of the State Long-Term Care Ombudsman Program, including, but not limited to:
  • (A) an unresolved or unresolvable conflict of interest;
  • (B) failure to provide adequate assurances that program guidelines can be met; and
  • (C) failure to provide assurances that the program can be adequately funded.

(c) The state long-term care ombudsman has the authority to withdraw designation as:

• (1) subdivision of the Office from an agency when there is:
  • (A) an unresolved or unresolvable conflict of interest;
  • (B) breach of the confidentiality requirement caused by the action of any staff person of the agency designated as a local subdivision of the Office, or of that agency's sponsoring agency;
  • (C) failure to adhere to the policies of the Office, federal Administration on Aging regulations, or state or federal law; or
  • (D) any other unreasonable or prejudicial conduct substantially affecting the State Long-Term Care Ombudsman Program; and
• (2) a representative of the Office from a staff person or volunteer when there is:
  • (A) an unresolved or unresolvable conflict of interest;
  • (B) breach of the confidentiality requirement;
  • (C) failure to adhere to the policies of the Office or state or federal law;
  • (D) failure to accept program supervision from the Office; or
  • (E) conviction of a crime listed in Section 1-1950.1 of Title 63 of the Oklahoma Statutes or listing on the Mary Rippy Violent Offender Registry.

(d) The state long-term care ombudsman may also withdraw certification of an ombudsman volunteer when the ombudsman:

• (1) fails to file monthly reports with the ombudsman supervisor for three consecutive months, unless on an approved leave of absence;
• (2) fails to attend three consecutive monthly meetings, unless on an approved leave of absence;
• (3) fails to initiate visitation of residents in assigned facility within two months after certification;
• (4) misuses the "ombudsman volunteer" title or badge; or
• (5) represents himself or herself, either verbally or by wearing a badge, as an ombudsman for a facility for which the volunteer is not certified, without specific authorization by state ombudsman staff.

(e) An agency that is refused designation or from which designation is withdrawn as an Area Long-Term Care Ombudsman Program or a person refused designation or from whom designation is withdrawn as an area ombudsman staff representative may appeal the decision.

• (1) Designation is not withdrawn until reasonable notice and opportunity for a hearing is provided.
• (2) Notification of the right to appeal and the appeal procedures are included in the letter notifying the agency or staff person of a decision to refuse or withdraw designation.
• (3) Hearings are conducted by the Appeals Unit of the Oklahoma Department of Human Services.