(a) Organizational conflicts. Conflicts which may arise from an organizational location include, but are not limited to, Arkansas Long-Term Care Ombudsman Program placement in an organization or agency that:

1. (1) Is responsible for licensing, surveying, or certifying:

   1. (A) Long-term care facilities;
   2. (B) Long-term care services or support services; or
   3. (C) Managed care organizations;
2. (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. (3) Has any ownership or investment interest, i.e. represented by equity, debt, or other financial relationship, in, or receives grants or donations from, a long-term care facility or a provider of long-term care services or support services;

4. (4) Provides long-term care services, including programs carried out under a Medicaid waiver approved under:

   1. (A) Section 1115 of the Social Security Act, 42 U.S.C. § 1315;
   2. (B) Subsection (b) or (c) of Section 1915 of the Social Security Act, 42 U.S.C. § 1396n; or
   3. (C) A Medicaid state plan amendment under subsection (i), (j), or (k) of Section 1915 of the Social Security Act, 42 U.S.C. § 1396n;

5. (5) Receives or has the right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation arrangement with:

   1. (A) An owner or operator of a long-term care facility;
   2. (B) A provider of long-term care services or support services;
   3. (C) A home and community-based services waiver provider; or
   4. (D) A managed care organization;

6. (6) Has governing board members with any ownership, investment, or employment interest in:

   1. (A) Long-term care facilities;
   2. (B) Providers of long-term care services or support services;
   3. (C) Home and community-based services waiver providers; or
   4. (D) Managed care organizations;

7. (7) Provides long-term care to residents, including the:

   1. (A) Provision of personnel for long-term care facilities; or
   2. (B) Operation of programs which control access to or services for residents;
8. (8) Provides long-term care coordination or case management for residents;
9. (9) Sets reimbursement rates for long-term care facilities or long-term care services;
10. (10) Provides adult protective services;
11. (11) Is responsible for eligibility determinations regarding Medicaid or other public benefits for residents of long-term care facilities;
12. (12) Conducts preadmission screening for long-term care facility placements;
13. (13) Makes decisions regarding admission or discharge of individuals to or from long-term care facilities;
14. (14) Provides guardianship, conservatorship, or other fiduciary or surrogate decision-making services for residents of long-term care facilities;
15. (15) Provides legal services; or
16. (16) Is an area agency on aging or a provider agency.

(b) Individual ombudsman representative conflicts. Potential conflicts for an individual ombudsman include, but are not limited to, participation in, or an immediate family member’s participation in, any of the following:

1. (1) The licensing or certification of:

   1. (A) A long-term care facility;
   2. (B) Long-term care services or support services; or
   3. (C) Managed care organizations;
2. (2) Ownership, operational, or investment interest, represented by equity, debt, or other financial relationship, in an existing or proposed long-term care facility, services or support services, or managed care organizations;
3. (3) Current or former employment of an individual by, or current or former involvement in the management of a long-term care facility or by the owner or operator of any long-term care facility or long-term care services or support services, or managed care organization;
4. (4) The receipt of, or 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, or long-term care services or support services or managed care organization;
5. (5) Accepting gifts or gratuities of significant value from a long-term care facility, a provider of long-term care services or supports, a managed care organization or its management, a resident or a representative in which the ombudsman or a representative of the Office of the State Long-Term Care Ombudsman, provides services, except where there is a personal relationship with a resident or representative which is separate from the individual's role as ombudsman or representative of the office;
6. (6) Accepting money or any other consideration from anyone other than the office, or an entity approved by the ombudsman, for the performance of an act in the regular course of the duties of the ombudsman or the representatives of the office without State Long-Term Care Ombudsman approval;
7. (7) Serving as guardian, conservator, or in another fiduciary or surrogate decision-making capacity for a resident;
8. (8) Serving residents of a facility in which an immediate family member resides or a managed care organization in which a family member participates or is in receipt of long-term care services or supports; and

9. (9) Providing services with conflicting responsibilities while serving as an ombudsman to a resident such as:

   1. (A) Adult protective services;
   2. (B) Discharge planning;
   3. (C) Preadmission screening for long-term care or waiver services;
   4. (D) Case management for long-term care or waiver services; or
   5. (E) Legal services outside the scope of ombudsman duties.