Long Term Care Ombudsman Examples of Conflict of Interest
Individual examples:
(i) Direct involvement in the licensing or certification of a long-term care facility;
(ii) Ownership, operational, or investment interest (represented by equity, debt, or other financial relationship) in an existing or proposed long-term care
(iii) Employment of an individual by, or participation in the management of, a long-term care facility in the service area or by the owner or operator of any long-term care facility in the service area;
(iv) Receipt of, or right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility;
(v) Accepting gifts or gratuities of significant value from a long-term care facility or its management, a resident or a resident representative of a long-term care facility in which the Ombudsman or representative of the Office provides services (except where there is a personal relationship with a resident or resident representative which is separate from the individual’s role as Ombudsman or representative of the Office);
(vi) Accepting money or any other consideration from anyone other than the Office, or an entity approved by the Ombudsman, for the performance of an act in the regular course of the duties of the Ombudsman or the representatives of the Office without Ombudsman approval;
(vii) Serving as guardian, conservator or in another fiduciary or surrogate decision-making capacity for a resident of a long-term care facility in which the Ombudsman or representative of the Office provides services; and
(viii) Serving residents of a facility in which an immediate family member resides.
Organizational examples:
(1)Is responsible for licensing, surveying, or certifying long-term care facilities;
(2) Is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals or
individuals with disabilities;
(3) Has any ownership or investment interest (represented by equity, debt, or other financial relationship) in, or receives grants or donations from, a long-term care facility;
(4) Has governing board members with any ownership, investment or employment interest in long-term care facilities;
(5) Provides long-term care to residents of long-term care facilities, including the provision of personnel for long-term care facilities or the operation of programs which control access to or services for long-term care facilities;
(6) Provides long-term care coordination or case management for residents of long-term care facilities;
(7) Sets reimbursement rates for long-term care facilities;
(8) Provides adult protective services;
(9) Is responsible for eligibility determinations regarding Medicaid or other public benefits for residents of long-term care facilities;
(10) Conducts preadmission screening for long-term care facility placements;
(11) Makes decisions regarding admission or discharge of individuals to or from long-term care facilities; or
(12) Provides guardianship, conservatorship or other fiduciary or surrogate decision-making services for residents of long-term care facilities.