(a)

1. (1) Organizational conflicts.

   1. (A) The state agency may not operate the Office of the State Long-Term Care Ombudsman or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in which there is a potential or actual organizational conflict of interest.
   2. (B) Where a potential or actual organizational conflict of interest exists, the ombudsman must provide a written disclosure or report in the National Ombudsman Reporting System.

2. (2) Identification and disclosure of a conflict.

   1. (A) Agencies seeking or holding designation as regional programs shall disclose organizational conflicts prior to designation and at least on a yearly basis thereafter.
   2. (B) Each individual involved in and those who have authority within the regional program are responsible to identify organizational conflicts of interest.
   3. (C)

(i) Such persons shall disclose to the area agency on aging or provider agency all potential organizational conflicts of interest.

1. (ii)

(b) (b) The office shall then notify the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as soon as possible but no longer than three (3) calendar days of learning of the conflict.

1. (c) (c) The division shall provide a written disclosure or report to the Assistant Secretary of the Administration for Community Living within three (3) calendar days of learning of the conflict.

2. (3) Notification to the Office of the State Long-Term Care Ombudsman.

   1. (A) Staff of the division, area agencies on aging, and provider agencies and all ombudsmen have a duty to notify the office of any conflict of interest of which they have knowledge.
   2. (B) Where a conflict of interest within the program has been identified, the office shall be notified as soon as possible but no longer than five (5) calendar days of the discovery of the potential conflict.
3. (4) Failure to disclose. Once identified, failure to disclose a potential conflict within five (5) calendar days of discovery of the conflict may be grounds for decertification as an ombudsman or dedesignation as a provider agency of the program.

(b) Individual conflicts.

1. (1) The State Ombudsman.

   1. (A) The Department of Human Services shall require the State Long-Term Care Ombudsman or State Long-Term Care Ombudsman candidate to disclose individual conflicts of interest as part of the candidate’s employment application and on an annual basis using the form developed by the office.

   2. (B)

      1. (i) The State Long-Term Care Ombudsman shall immediately inform the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services of any new potential conflicts of interest as soon as possible but no later than five (5) calendar days of learning of the conflict.
      2. (ii) Failure to report the conflict is grounds for termination.

2. (2) Process for persons seeking or holding certification as ombudsman.

   1. (A) The regional ombudsman program shall screen all persons seeking certification as ombudsmen and support staff to identify individual conflicts of interest on forms prescribed by the office.

   2. (B) Disclosure of the conflict.

      1. (i) Persons seeking employment or certification as ombudsmen staff or volunteers shall disclose all potential conflicts of interest to the regional program as part of the candidate’s employment or volunteer application.
      2. (ii) Failure to report the conflict is grounds for noncertification and separation from the Arkansas Long-Term Care Ombudsman Program.

   3. (C)

      1. (i) After certification, ombudsmen and support staff shall immediately inform the Regional Ombudsman of any new potential conflicts of interest as soon as possible but no later than five (5) calendar days of learning of the conflict.
      2. (ii) The Regional Ombudsman shall report the potential conflict of interest to the State Long-Term Care Ombudsman as soon as possible but no longer than five (5) calendar days of learning of the conflict.
      3. (iii) Failure to report the conflict is grounds for decertification and separation from the Arkansas Long-Term Care Ombudsman Program.