is residing or is likely to reside and is regulated by the state pursuant to Section 1616(e) of the Social Security Act (42 U.S.C. 1382e[e]).

conflict of interest

Although not specifically defined in the OAA, the legislation does provide some guidance on what can be considered a conflict of interest. For instance, it requires the state agency to ensure that the state ombudsman:

a. does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;

b. does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service;

c. is not employed by or does not participate in the management of a long-term care 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 long-term care facility.


(instrumental activities of daily living) Home management and independent living activities, such as cooking, cleaning, using a telephone, shopping, doing laundry, and managing money.


(long term care) A set of health, personal care, and social services delivered over a sustained period of time to persons who have lost or never acquired some degree of functional capacity—either mental or physical. Services can be provided in an institution, the home, or the community, and include informal services provided by family or friends as well as formal services provided by professionals or agencies.

long-term care facility

a. any skilled nursing facility, as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3[a]);

b. any nursing facility, as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r[a]);

c. a board and care facility;

d. any other adult care home similar to a facility or institution described in subparagraphs (a) through (c).

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