In order to be eligible for designation by the Office of the State Long-Term Care Ombudsman as a provider agency, an entity must:

1. (1) Be public or nonprofit;
2. (2) Not be responsible for licensing or certifying long-term care services;
3. (3) Not be an association or an affiliate of an association of providers of long-term care or residential services for older persons;
4. (4) Have no financial interest in a long-term care facility;
5. (5) Have demonstrated capability to carry out the responsibilities of the provider agency;
6. (6) Have no unresolved conflicts of interest, see Subpart 5 of this part; and
7. (7) Meet all contractual requirements of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.