Library: Policy

340:105-11-253. Freedom from conflict of interest assurances

Revised 6-1-07

     The Older Americans Act as amended requires assurances of freedom from conflict of interest for the officially designated area program as a subdivision of the Office of the State Long-Term Care Ombudsman (Office).  Directors of designated area ombudsman entities and sponsoring agency directors are asked to read, review with staff and sponsors, and sign Form 02OM002E, Area Ombudsman Assurance Form, if assurances can be provided as described in this Section.

• (1) Assurance is provided that the agency:

  • (A) is not a part of an entity responsible for licensing or certifying long-term care facilities, or part of a provider organization;

  • (B) does not hold interest in, manage, own, or contract with a long-term care facility; 

  • (C) does not stand to gain financially through an action or potential action brought on behalf of persons the ombudsman serves; and

  • (D) is not located within an organization that may impair or inhibit the ability of the ombudsman to objectively and independently investigate and resolve complaints.

• (2) Assurance is provided that the ombudsman will be free to:

  • (A) take action on behalf of residents;

  • (B) publicly represent the concerns of residents;

  • (C) bring together persons who have the authority to solve problems;

  • (D) make recommendations to boards, committees, and task forces in developing long-term care policy, or similar situations;

  • (E) forward unresolved formal complaints to the Office according to program policy; and

  • (F) publicize the State Long-Term Care Ombudsman Program and issues affecting older persons who are institutionalized.

• (3) There are inherent conflicts in the role of the ombudsman.  The agency supports the role and goals of the State Long-Term Care Ombudsman Program and the ombudsman staff through any conflict associated with their official duties.