Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-252 - Conflict of interest statement and ethical guidelines

Current through Vol. 41, No. 20, July 1, 2024
(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.