- (a) The State Long-Term Care Ombudsman shall determine whether actions may be taken to remedy an identified conflict.
- (b) A conflict can be satisfactorily remedied only when the continued existence of the conflict does not compromise the ability of the ombudsman to carry out his or her duties and is not likely to diminish the perception of the Arkansas Long-Term Care Ombudsman Program as an independent advocate for long-term care residents.
(c)
- (1) When a potential conflict is identified, the State Long-Term Care Ombudsman shall review the circumstances of the potential conflict.
(2) The State Long-Term Care Ombudsman shall:
- (A) Determine whether a conflict of interest exists;
- (B) Determine whether the conflict could be remedied by appropriate action by the individual involved; and
- (C) Inform the individual involved and the agency involved of the results of the review and may provide assistance.
(d) Remedying conflicts.
(1) Organizational conflicts of interest. If the conflict can be remedied, the regional program shall, or in the case of a conflict within an area agency on aging or provider agency, the area agency on aging or provider agency shall provide:
- (A) A plan of action to remedy the conflict of interest within five
(5) calendar days of notification; and
- (B) Written notification to the State Long-Term Care Ombudsman when the plan of action to remedy the conflict of interest is completed and of the steps taken to remedy the conflict.
(2) Individual conflicts of interest.
- (A) If the individual conflict can be remedied, the individual shall develop and submit a written plan to the State Long-Term Care Ombudsman within five (5) calendar days of identification of the conflict which shall define the conflict and:
(i) Propose a remedy to eliminate; or
(ii) Minimize the impact of the conflict to the greatest extent possible.
(B) The Office of the State Long-Term Care Ombudsman shall review the proposed remedy and notify the individual within five (5) days of:
- (i) Approval;
- (ii) Denial; or
- (iii) Additional corrections needed in order for the potential conflict to be remedied.