Okla. Stat. tit. 63, § 63-1-2213

A. There is hereby created within the Office of the Attorney

General the Office of the State Long-Term Care Ombudsman. The

Office, under the auspices and general direction of the State Long-

Term Care Ombudsman, shall carry out a long-term care ombudsman

program in accordance with the Older Americans Act of 1965, as

amended, and in accordance with federal regulations issued pursuant

to the Older Americans Act or as provided by the Long-Term Care

Ombudsman Act.

B. The State Long-Term Care Ombudsman shall, personally or

through representatives of the Office:

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1. Identify, investigate, and resolve complaints that:

a. are made by, or on behalf of, residents, and

b. relate to action, inaction, or decisions, of:

(1) providers, or representatives of providers, of

long-term care services,

(2) public agencies, or

(3) health and social service agencies,

that may adversely affect the health, safety, welfare, or rights of

the residents;

2. Provide services to assist the residents in protecting their

health, safety, welfare, and rights;

3. Inform residents about means of obtaining services offered

by providers or agencies;

4. Ensure that the residents have regular and timely access to

the services provided through the Office;

5. Ensure that the residents and complainant receive timely

responses from the Office and representatives of the Office

regarding complaints;

6. Represent the interests of residents before governmental

agencies and seek administrative, legal, and other remedies to

protect the health, safety, welfare, and rights of the residents;

7. Provide administrative and technical assistance to area or

local ombudsman entities to assist the entities in participating in

the State Long-Term Care Ombudsman Program;

8. a. analyze, comment on, and monitor the development and

implementation of federal, state, and local laws,

rules, and other government policies and actions that

pertain to the health, safety, welfare, and rights of

the residents, with respect to the adequacy of long-

term care facilities and services in this state,

b. recommend any changes in such laws, rules, policies,

and actions as the Office determines to be

appropriate, and

c. facilitate public comment on the laws, rules,

policies, and actions;

9. a. provide for training representatives of the Office,

b. promote the development of citizen organizations, to

participate in the State Long-Term Care Ombudsman

Program, and

c. provide technical support for the development of

resident and family councils to protect the well-being

and rights of residents; and

10. Carry out such other activities as the Attorney General

determines to be appropriate.

C. 1. In carrying out the duties of the Office, the State

Long-Term Care Ombudsman may designate an entity as an area or local

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Ombudsman entity, and may designate an employee or volunteer to

represent the entity.

2. An individual so designated shall, in accordance with the

policies and procedures established by the Office and the Attorney

General, carry out such duties and activities as required by the

State Long-Term Care Ombudsman pursuant to the authority granted by

the Long-Term Care Ombudsman Act and rules promulgated by the

Attorney General thereto.

3. Entities eligible to be designated as area or local

Ombudsman entities, and individuals eligible to be designated as

representatives of such entities, shall:

a. have demonstrated capability to carry out the

responsibilities of the Office,

b. be free of conflicts of interest,

c. in the case of the entities, be public or nonprofit

private entities, and

d. meet such additional requirements as the Ombudsman may

specify.

D. 1. In accordance with the Older Americans Act of 1965, as

amended, and in accordance with federal regulations issued pursuant
a. have demonstrated capability to carry out the

responsibilities of the Office,

b. be free of conflicts of interest,

c. in the case of the entities, be public or nonprofit

private entities, and

d. meet such additional requirements as the Ombudsman may

specify.

D. 1. In accordance with the Older Americans Act of 1965, as

amended, and in accordance with federal regulations issued pursuant

thereto, or as otherwise provided by the Long-Term Care Ombudsman

Act, the State Long-Term Care Ombudsman and representatives of the

Office shall have:

a. access to long-term care facilities and residents,

b. (1) access to review the medical and social records

of a resident, if:

(a) the representative of the Office has the

permission of the resident, or the legal

representative of the resident, or

(b) the resident is unable to consent to the

review and has no legal representative and

the representative of the Office obtains the

approval of the State Long-Term Care

Ombudsman, or

(2) access to the records as is necessary to

investigate a complaint if:

(a) a legal guardian of the resident refuses to

give the permission,

(b) a representative of the Office has

reasonable cause to believe that the

guardian is not acting in the best interests

of the resident, and

(c) the representative obtains the approval of

the State Long-Term Care Ombudsman,

c. access to the administrative records, policies, and

documents, to which the residents have or the general

public has access, of long-term care facilities, and

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d. access to copies of all licensing and certification

records maintained by the Office of the Attorney

General or any other agency of this state with respect

to long-term care facilities.

2. For purposes of this subsection, the term “representative of

the Office” shall not include any unpaid or volunteer state, area,

or local ombudsman.