(2) (A) The Office shall be headed by a Director of the Office of Long-Term Care Ombudsman Programs (in this subsection referred to as the “Director”) who shall be appointed by the Assistant Secretary from among individuals who have expertise and background in the fields of long-term care advocacy and management. The Director shall report directly to the Assistant Secretary. (B) No individual shall be appointed Director if— (i) the individual has been employed within the previous 2 years by— (I) a long-term care facility; (II) a corporation that then owned or operated a long-term care facility; or (III) an association of long-term care facilities; (ii) the individual— (I) has an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or long-term care service; or (II) receives, or has the right to receive, 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 (iii) the individual, or any member of the immediate family of the individual, is subject to a conflict of interest.


42 USC § 3011(d)(2)

Scoping language

in this subsection
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