The Older Americans Act of 1965, as amended requires assurances that there are no conflicts of interest within the State Long-Term Care Ombudsman Program.  Mechanisms to identify and remedy any conflicts are mandated.  Ombudsman staff and volunteers study the rules in this Section and sign Form 02OM001E, Conflict of Interest Statement and Ethical Guidelines, if able to provide the assurances and meet the ethical guidelines.  The ombudsman:

• (1) and any member of the ombudsman's immediate family may not own, operate, control, or have interest, voting rights, or outstanding indebtedness to or be employed by any company or facility or person investigated by the ombudsman;
• (2) may not solicit or accept from any person or organization, directly or indirectly, money or anything of value if it could reasonably be expected to influence the ombudsman's official actions or judgment or could reasonably be considered a reward for any official action or omission on the part of the ombudsman;
• (3) who is assigned or acts as an official representative of his or her agency in the presentation of papers, talks, demonstrations, or making appearances does not solicit or accept fees, honoraria, or reimbursement of expenses for personal gain.  Any fees or honoraria offered in connection with the these activities are paid to the agency;
• (4) is alert to anything that impairs ability to objectively investigate complaints.  The ombudsman avoids conflict of interest in the establishment of personal relationships that affect impartiality on the job;
• (5) may be involved in serving as an officer or board member of a social, fraternal, or religious organization for which the ombudsman receives no compensation or anything of value, provided the organization is not affected by exercise of the ombudsman's discretion;
• (6) may not use or disclose information gained in the course of, or by reason of, the ombudsman's official position or activities in any way without the express consent of the resident or complainant;
• (7) discloses all past and current appointments, involvement, membership, or interest that affect or could reasonably be expected to affect the ombudsman's ability to investigate and resolve complaints in an objective and independent manner;
• (8) may not effectively recommend or decide to hire or promote another person who is a member of the ombudsman's immediate family;
• (9) may not give preferential or favorable treatment in provision of service to a resident who is a member of the ombudsman's family; and
• (l0) may not conduct business in restaurants or other public places where a public observer might reasonably conclude that confidences could be breached due to lack of privacy.