(a) An officer, employee, volunteer, or other representative of the Office of the State Long-Term Care Ombudsman (Office) may not be subject to a conflict of interest that has the potential to impair the ability of said person to carry out his or her official duties in an impartial manner and may not stand to gain financially through an action or potential action brought on behalf of persons the ombudsman serves.

(b) A conflict of interest exists when any organizational or supervisory relationship, policy, or action, or individual ombudsman relationship or action conflicts with or impairs the ability of an ombudsman to carry out his or her responsibilities to investigate, resolve, or refer complaints or otherwise advocate for long-term care facility residents.

(c) No persons involved in the designation of the state long-term care ombudsman, whether by appointment or otherwise, or the designation of the head of any subdivision of the Office may be subject to a conflict of interest. 

(d) Freedom from conflict of interest is established through interview of prospective state long-term care ombudsman staff and volunteers, and through a signed statement in a form prescribed by the Office and other appropriate means.

(e) Persons listed in this paragraph must complete and sign Form 02OM001E, Conflict of Interest Statement and Ethical Guidelines, annually, and when there is any change of facility or area assignment by:

• (1) prospective and current ombudsman staff;
• (2) prospective and current ombudsman volunteers; and
• (3) any other person involved in the direct operation of the State Long-Term Care Ombudsman Program.

(f) Agencies must annually review Form 02OM002E, Freedom from Conflict of Interest Assurances, which must be signed annually by:

• (1) directors of agencies designated, or seeking designation, as a local ombudsman entity; and
• (2) directors of sponsoring agencies.