SECTION 340:105-11-252. Conflict of interest statement and ethical guidelines

(a)   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. State Long-Term Care (Office) staff and volunteers study the rules in this Section and sign Form 02OM001E, Conflict of Interest Statement and Ethical Guidelines, when able to provide assurances and meet ethical guidelines. The designated 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 a designated entity 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 these activities are paid to the designated entity;

(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;

(10)   may not serve as guardian, conservator, or in another fiduciary or surrogate decision-making capacity for a resident of a long-term care facility where he or she is assigned or investigates complaints;

(11)   may not be assigned, investigate complaints, or serve residents of a facility in where his or her immediate family member resides; and

(12)   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.

(b)   In no circumstance will the Oklahoma Department of Human Services or a local ombudsman entity appoint or employ an individual, nor will the State Long-Term Care Ombudsman designate an individual as an Office representative who:

(1)   has direct involvement in the licensing or certification of a long-term care facility;

(2)   has an ownership or investment interest represented by equity, debt, or other financial relationship in a long-term care facility. Divestment within a reasonable period may be considered an adequate remedy to this conflict;

(3)   receives, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with an owner or operator of a long-term care facility; or

(4)   is employed by or participating in the management of a long-term care facility.

(c)   Any entity that appoints or employs Office representatives make efforts to avoid appointing or employing an individual as an Office representative who was employed by or participating in the management of a long-term care facility within the previous 12 months. Where such an individual is appointed or employed, steps are taken to remedy the conflict.

[Source: Added at 9 Ok Reg 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 23 Ok Reg 1062, eff 7-15-06; Amended at 24 Ok Reg 1325, eff 6-1-07; Amended at 34 Ok Reg 1624, eff 9-15-17]