Okla. Admin. Code § 340:105-11-235.1

Current through Vol. 42, No. 7, December 16, 2024

Section 340:105-11-235.1 - Organizational conflict of interest

(a) The Oklahoma Department of Human Services (DHS) and the Office of the State Long-Term Care Ombudsman (Office) State Long-Term Care Ombudsman (Ombudsman) consider the organizational conflicts that may impact the effectiveness and credibility of the work of the Office. Organizational conflicts of interest include, but are not limited to, placement of the Office or requiring that an Ombudsman or Office representative perform conflicting activities in an organization that:

(1) is responsible for licensing, surveying, or certifying long-term care facilities;

(2) is an association or an affiliate of such an association, of long-term care facilities or of any other residential facilities for older individuals or individuals with disabilities;

(3) has ownership or investment interest, represented by equity, debt, or other financial relationship in, or receives grants or donations from, a long-term care facility;

(4) has governing board members with any ownership, investment, or employment interest in long-term care facilities;

(5) provides long-term care to residents of long-term care facilities including the provision of personnel for long-term care facilities or the operation of programs that control access to or services for long-term care facilities;

(6) provides long-term care coordination or case management for residents of long-term care facilities;

(7) sets reimbursement rates for long-term care facilities;

(8) provides adult protective services;

(9) is responsible for eligibility determinations for residents of long-term care facilities regarding Medicaid or other public benefits;

(10) conducts preadmission screening for long-term care facility placements;

(11) makes admission or discharge decisions for individuals to or from long-term care facilities; or

(12) provides guardianship, conservatorship, or other fiduciary or surrogate decision-making services for residents of long-term care facilities.

(b) Removing or remedying organizational conflicts. DHS and the Ombudsman identify and take steps to remove or remedy conflicts of interest between the Office and DHS or another entity carrying out the Ombudsman Program (Program).

(1) The Ombudsman identifies organizational conflicts of interest in the Program and describes steps taken to remove or remedy conflicts within the annual report submitted to the Assistant Secretary for Aging through the National Ombudsman Reporting System.

(2) When the Office is located within or otherwise organizationally-connected to DHS, DHS:

(A) takes reasonable steps to avoid internal conflicts of interest;

(B) reviews and identify internal conflicts;

(C) takes steps to remove or remedy conflicts;

(D) ensures that no individual, or member of the immediate family of an individual, involved in the designating, appointing, otherwise selecting or terminating the Ombudsman is subject to a conflict of interest; and

(E) ensures the Ombudsman disclosed such conflicts and described steps taken to remove or remedy conflicts within the annual report submitted to the Assistant Secretary for Aging through the National Ombudsman Reporting System.

(3) When DHS is unable to adequately remove or remedy a conflict, the Program is carried out by contract or other arrangement with a public agency or nonprofit private organization, per Section 712(4)(a) of the Older Americans Act, as Amended.

(4) DHS may not enter into a contract or other arrangement to carry out the Program or operate the Office when the other entity:

(A) is responsible for licensing, surveying, or certifying long-term care facilities;

(B) is an association or an affiliate of such an association of long-term care facilities, or of any other residential facilities for older individuals or individuals with disabilities; or

(C) has any ownership, operational, or investment interest, represented by equity, debt, or other financial relationship in a long-term care facility.

Okla. Admin. Code § 340:105-11-235.1

Adopted by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017