(a) Volunteers. If a conflict of interest is identified before certification, the volunteer is not certified in any facility in which the conflict of interest could be expected to affect performance. If 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 decertification or reassignment of the volunteer, or other appropriate action.
(b) Ombudsman staff. No applicant for a long-term care ombudsman staff position, at any level of the program, is selected to fill that position if a conflict of interest is identified during any stage of the application or hiring process. If a conflict of interest or potential conflict of interest is identified involving a staff representative of the Office, action must be taken to remedy the conflict within 30 days. Remedies may range from elimination of the conflict to withdrawal of designation of the individual as a representative of the Office.
(c) Directors of sponsoring agencies and agencies designated as ombudsman entity. If a conflict of interest or potential conflict of interest is identified involving the director of a sponsoring agency or the director of an agency designated as a subdivision of the Office, action must be taken to remedy the conflict of interest within 30 days. Remedies may include:
- (1) removal or resolution of the conflict of interest;
- (2) withdrawal of the agency's designation as area ombudsman entity;
- (3) withdrawal of designation of the agency as an Area Agency on Aging; or
- (4) other reasonable action.