SECTION 340:105-11-236. Conflict of interest remedies

(a)   Volunteers. When a conflict of interest is identified before designation, the volunteer is not certified in any facility in which the conflict of interest could be expected to affect performance. When 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 withdrawal of designation, reassignment of the volunteer, or other appropriate action.

(b)   Paid ombudsman representatives. No applicant for a paid ombudsman position, at any level of the program, is selected to fill that position when a conflict of interest is identified during any stage of the application or hiring process. When a conflict of interest or potential conflict of interest is identified involving a designated representative, action must be taken to remedy the conflict within 30-calendar days. Remedies may range from elimination of the conflict to withdrawal of the individual's designation.

(c)   Directors of sponsoring agencies and designated entities. When a conflict of interest or potential conflict of interest is identified action must be taken to remedy the conflict of interest within 30-calendar days. Remedies may include:

(1)   removal or resolution of the conflict of interest;

(2)   withdrawal of the agency's designation as an area ombudsman entity;

(3)   withdrawal of designation of the agency as an Area Agency on Aging; or

(4)   other reasonable action.

[Source: Added at 9 Ok Reg 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 34 Ok Reg 1624, eff 9-15-17]