101 CMR, § 30.16 - Conflict of Interest
(1)
Organizational Conflict of Interest
. An organizational
conflict of interest includes, but is not limited to, any requirement by EOHHS
or a host agency that the State Ombudsman or ombudsman representatives perform
an act which conflicts with or appears to conflict with the objectives or
responsibilities of the Ombudsman Program, or as otherwise specified in 42
C.F.R. 1324.21(a).
(2)
Individual Conflict of Interest
. An individual
conflict of interest includes, but is not limited to, situations where the
State Ombudsman, ombudsman representative , or their respective immediate
family, holds an interest which conflicts with or appears to conflict with the
objectives or responsibilities of the Ombudsman Program. An individual conflict
of interest includes, but is not limited to, a personal financial interest,
activity, or relationship that could impair the State Ombudsman or ombudsman
representative from acting impartially and in the best interest of a resident ,
or as otherwise set forth in 42 C.F.R. 1324.21(c).
(3) The State Ombudsman and EOHHS will
implement policies and procedures to identify and remove or remedy conflicts of
interest as provided in 42 C.F.R. 1324.11(e)(4) and 1324.21. Such policies will
consider both organizational and individual conflicts of interest that may
impact the effectiveness and credibility of the work of the Ombudsman Program.
Policies and procedures addressing actual or potential conflicts of interest
will:
(a) require that no individual, or
member of the immediate family of an individual, involved in the employment or
appointment of the State Ombudsman is subject to a conflict of
interest ;
(b) require agencies
hosting local ombudsman programs to have policies in place prohibiting the
employment or appointment of a local ombudsman representative with a conflict
of interest that cannot be adequately removed or remedied;
(c) require the State Ombudsman to take
reasonable steps to refuse, suspend, or remove designation and certification of
an individual who has a conflict of interest , or who has a member of the
immediate family with a conflict of interest , which cannot be adequately
removed or remedied;
(d) establish
methods by which the Ombudsman Program and EOHHS will periodically review and
identify potential conflicts of interest of the State Ombudsman, ombudsman
representatives, and local ombudsman programs; and
(e) establish the actions EOHHS , the State
Ombudsman, or ombudsman representatives must take in order to remedy or remove
such conflicts.
(4) The
State Ombudsman will report an organizational conflict of interest identified
in the Ombudsman Program and describe the steps taken to remove or remedy the
conflict in the annual report submitted to the National Ombudsman Reporting
System.
Notes
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