(A)
Definitions for this rule:
(1)
"Conflict of interest" has the same meaning as
described or defined in 42
U.S.C. 3058g(f),
45 C.F.R.
1324.21, or Chapter 102. of the Revised
Code.
(1)(2) "Financial
interest" means an ownership interest or investment in a provider by a
representative of the office or the immediate family member of the
representative of the office.
(2)(3) "Remedy" means an
action, restriction of action, restriction of contact, or other means proposed
to the SLTCO that would neutralize a conflict of interest and ensure the
conflict shall
does not adversely influence the activities of the
representative on behalf of the office.
(3)(4) "Waiver" means the
SLTCO has determined sufficient circumstances exist to eliminate a conflict of
interest and the need to remedy a conflict of interest.
(B) No employee or representative of the
office, no individual involved in designating, hiring, evaluating, or
terminating
the head of any
a regional program
director, and no
policy
governing
board
members
member, may have an unremedied conflict of interest.
Conflicts of interest include, but are not limited
to, the following:
(1) Direct involvement in the
licensing or certification of a long-term care provider during the last two
years.
(2) Ownership, operational, or
investment interest (represented by equity, debt, or other financial
relationship) in an existing or proposed long-term care provider during the
last two years.
(3) Employment by a long-term care
provider or by the owner or operator of any long-term care provider during the
last two years.
(4) Participation in the management
of a long-term care provider during the last two years.
(5) Receipt of, or 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
provider.
(6) Accepting gifts or gratuities of
significant value from a long-term care provider or its management, a long-term
care consumer or a consumer's sponsor (except where there is a personal
relationship with a consumer or consumer's sponsor which is separate from the
individual's role as a representative of the office.
(7) Accepting money or any other
consideration from anyone other than the office or sponsoring agency for the
performance of an act in the regular course of the duties of the
representative.
(8) Serving as a guardian,
conservator, or in another fiduciary or surrogate decision- making capacity for
a consumer of long-term services and supports where the representative provides
ombudsman services.
(9) Having an immediate family
member receiving long-term services and supports.
(C) Actions prohibited by someone holding a
remedied conflict of interest
shall include, but
shall
are not
be limited to, actions taken to influence
any decision or action of a representative of the office
, which could be characterized as interference with or
reprisals against a representative
, or as
causing
reticence
hesitation on the part of a representative to
pursue vigorously
investigate a
consumer's
complaint
or concern of a client.
Absent a waiver granted by the
SLTCO, no
No representative of the
office shall be permitted to
may provide core ombudsman services involving a
long-term care provider with which the representative was formerly employed,
with which the representative was formerly or is currently affiliated or
associated, from which an immediate family member receives long-term care
services, or that poses any other conflict of interest unless the SLTCO grants a waiver.
(D)
On initial
designation and annually thereafter,
The
the SLTCO, the
regional programs, and the sponsoring agencies shall screen potential and
existing non-representative employees of the program, potential candidates and
existing representatives of the office, individuals involved in designating,
hiring, evaluating, or terminating the head of any regional program, and
potential and existing policy
governing board members for conflicts of
interest. The screen shall be applied initially and
annually thereafter. When completed, the person who conducted the
screen and the person screened shall acknowledge the completion of the screen
in writing or electronically. The completed screening instrument and a résumé
shall be entered into the electronic
ombudsman registry,
and made a record of the program, and shall be
subject to program review.
(E)
Before offering an ombudsman position to an applicant or training a volunteer,
the sponsoring agencies and/or regional program directors shall report any
identified conflict of interest, and may propose a remedy, to the SLTCO. The
SLTCO shall report any identified conflict of interest in the state office and
propose a remedy to ODA's director. Within five business days after receiving a
proposed remedy, the SLTCO or ODA's director shall review the nature, scope,
and extent of the conflict and
shall
determine whether or not to allow the proposed remedy.
The proposed remedy shall be entered into the
electronic ombudsman registry;
and shall reveal
the nature, extent, and potential impact of the conflict of interest,
; and
shall be a remedy that neutralizes
neutralize the conflict of interest. Current
employment with any type of provider is a conflict of interest that cannot be
remedied. Any remedy granted shall remain in effect for as long as the conflict
continues to exist to the same extent as reported and for as long as the remedy
continues to work. Submission of conflict
Conflict of interest screens and proposed
remedies or waiver requests shall be entered into the
electronic ombudsman registry.
Examples of remedies which may be approved include, but are not
limited to, remedies that assure the following:
(1) The independence of the representative of
the office to provide unbiased investigations, successful problem resolution,
advocacy services, and other ombudsman services.
(2) That no employee, representative of the
office, or policy
governing board member having a conflict of interest
is involved with or influences any decision to hire, appoint, evaluate, or
terminate a representative of the office.
(3) That no employee, representative of the
office, or policy
governing board member having a conflict of interest
is involved with or influences the designation of any regional
program.
(4) That no
policy
governing board members having a conflict of interest
in their capacity as board members are involved in a complaint being handled by
the program involving the entity that is the source of the conflict of
interest.
(5) That any
policy
governing board members having a conflict of interest
in their capacity as board members shall
declare
have declared any conflict of
interest regarding a complaint or advocacy issue, and
shall excuse
excused themselves from deliberations and voting on
the issue.
(6) That the
policy
governing board's by-laws, the organization's position
descriptions, and personnel policies reflect procedures to identify and remedy
conflicts of interest and ensure independence of action for the program and its
representatives.
(F)
Before offering an ombudsman position to an applicant or training a volunteer,
the sponsoring agencies and/or regional program directors shall report any
identified conflict of interest, and may request a waiver of a conflict of
interest from the SLTCO in the
electronic
ombudsman registry, or
in
if the
case of
the SLTCO
making the request
requests the waiver, from ODA's director
, by revealing the nature, scope, extent, and potential
impact of the conflict of interest and whether sufficient circumstances exist
to eliminate the conflict of interest. Within five business days after
receiving a waiver request, the SLTCO or ODA's director, as appropriate, shall
review the nature, scope,
and extent
, and potential impact of the conflict and shall
determine whether or not
sufficient circumstances
exist to
eliminate a conflict of interest
and approve the waiver.
A waiver request shall
reveal the nature, extent, and potential impact of the conflict of interest,
and shall request to determine whether sufficient circumstances exist to
eliminate a conflict of interest.
(1)
Any conflict of interest not waived or remedied, and any prohibition resulting
therefrom, shall be recorded in the electronic ombudsman registry.
(2) The SLTCO may take into consideration the
following when determining whether to grant a waiver:
(a) The length of time an individual was
affiliated with a provider.
(b) The
view of the SLTCO of the objectivity of the individual.
(c) The position held by the individual when
working for a provider.
(d) The
change in the ownership and/or management of a facility and the length of time
since the change in ownership and/or management.
(G) No representatives of the
office shall be required or permitted to
may hold positions or perform duties that would
constitute a conflict of interest.
(H) Deliberate failure to disclose any
conflict of interest or any prohibition shall
be
is sufficient grounds for the removal
of the candidate from the professional development program, the decertification
of the representative, or the withdrawal of the designation of the regional
program involved.
