The state agency may not enter into the contract or other arrangement described in subparagraph (A) [which allows the state unit on aging (SUA) to operate the program directly or contract or designate another entity to serve as the Office of the State LTC Ombudsman] with (i) an agency or organization that is responsible for licensing or certifying LTC services in the state; or (ii) an association (or an affiliate of such an association) of LTC facilities, or of any other residential facilities for older individuals. (§712(a)(4)(B))

The state agency shall ensure that the Ombudsman (A) does not have a direct involvement in the licensing or certification of a LTC facility or of a provider of a LTC service; (B) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a LTC facility or a LTC service; (C) is not employed by, or participating in the management of, a LTC facility; and (D) does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a LTC facility. (§712(f)(3))

The state agency shall establish, and specify in writing, mechanisms to identify and remove conflicts of interest referred to in paragraphs[(f)] (1) and (2) [which refers to those who directly or indirectly designate the ombudsmen or the ombudsmen entity], and to identify and eliminate the relationships described in subparagraphs (A) through (D) of paragraph (3), including such mechanisms as (A) the methods by which the state agency will examine individuals, and immediate family members, to identify the conflicts; and (B) the actions that the state agency will require the individuals and such family members to take to remove such conflicts. (§712(f)(4))

On the designation of individuals and entities by the Office of the State LTC Ombudsman:

(C) Entities eligible to be designated as local ombudsman entities, and individuals eligible to be designated as representatives of such entities, shall …(ii) be free of conflicts of interest. (§712(a)(5)(C))

(f) The state agency shall (1) ensure that no individual, or member of the immediate family of an individual, involved in the designation of the ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest; and (2) ensure that no officer or employee of the office, representative of a local ombudsman entity, or member of the immediate family of the officer, employee, or representative, be subject to a conflict of interest;



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