Library: Policy

340:105-11-236. Conflict of interest remedies

Revised 9-15-17

(a) Volunteers.When a conflict of interest is identified before designation, the volunteer is not certified in any facility in which the conflict of interest could be expected to affect performance.When a conflict of interest or potential conflict of interest involving a certified volunteer is identified, the ombudsman supervisor promptly notifies the Office of the State Long-Term Care Ombudsman (Office) to recommend withdrawal of designation, reassignment of the volunteer, or other appropriate action.

(b) Paid ombudsman representatives.No applicant for a paid ombudsman position, at any level of the program, is selected to fill that position when a conflict of interest is identified during any stage of the application or hiring process.When a conflict of interest or potential conflict of interest is identified involving a designated representative, action must be taken to remedy the conflict within 30-calendar days.Remedies may range from elimination of the conflict to withdrawal of the individual's designation.

(c) Directors of sponsoring agencies and designated entities.When a conflict of interest or potential conflict of interest is identified action must be taken to remedy the conflict of interest within 30-calendar days.Remedies may include:

(1) removal or resolution of the conflict of interest;

(2) withdrawal of the agency's designation as an area ombudsman entity;

(3) withdrawal of designation of the agency as an Area Agency on Aging; or

(4) other reasonable action.