75-03-25-10 - Conflict of interest

75-03-25-10. Conflict of interest

1. An ombudsman may not serve as guardian or conservator or in any other decisionmaking capacity for a long-term care resident who is in a facility served by the ombudsman.

2. An ombudsman or any member of the ombudsman's immediate family may not be a board member, have an ownership, operational, or investment interest in an existing or proposed long-term care facility, or be employed by, or participate in the management of, a long-term care facility .

3. An ombudsman may not have direct involvement in the licensure or certification of any long-term care facility.

4. An ombudsman may not receive or have the right to receive, directly or indirectly, any remuneration, in cash or in kind, under a compensation arrangement with an owner or operator of a long-term care facility.

5. An ombudsman may not accept gifts or gratuities of significant value from a long-term care facility or its management, a resident of or a legal representative of a resident of a long-term care facility to which the ombudsman is assigned.

6. The state long-term care ombudsman and any local ombudsman may not accept any money or other consideration from anyone other than the department for the performance of an act in the regular course the ombudsman's duties; a volunteer ombudsman, as an unpaid position, may not accept money or other consideration from anyone for the performance of an act in the regular course of the volunteer's work as an ombudsman.

7. An ombudsman should not serve residents of a facility in which an immediate family member resides.

(Effective March 1, 1997. Amended by Administrative Rules Supplement 2016-360, April 2016, effective April 1, 2016.)

General Authority: NDCC 50-10.1-03(8); 42 U.S.C. 3011, et seq.

Law Implemented: NDCC 50-10.1-03(8)

The following state regulations pages link to this page.