Authority: IC 12-9.1-2-3; IC 12-10-13-17

Affected: IC 12-10-13

Sec. 13. (a) In order to receive designation or certification, or to avoid dedesignation, as a local ombudsman or a volunteer ombudsman, an individual shall be free from conflicts of interest, which include the following:

1. (1) A financial interest in a long term care facility or a long term care service within three (3) years before the date of designation.
2. (2) Acting as local ombudsman or volunteer ombudsman in a long term care facility in which the individual was employed within one (1) year before the date of designation.
3. (3) Current direct involvement in the licensing or certification of a long term care facility or a provider of long term care service.
4. (4) Current employment in, contractual arrangement with, or participation in the management of a long term care facility.
5. (5) Current membership in a trade association of long term care facilities.
6. (6) Currently serving as an officer of a local ombudsman entity.
7. (7) Currently serving as a supervisor of other programs that may come in conflict with the duties of the ombudsman program.
8. (8) Currently performing duties or providing services other than those required in this rule that are in conflict with, or that may create a conflict with, the duties required in this rule.

9. (9) Currently serving as:

   1. (A) a resident's agent;
   2. (B) a resident's legal representative;
   3. (C) the sole witness for do not resuscitate orders or other medical directives; or
   4. (D) a member of a long term care facility's ethics committee which makes medical decisions for residents.

(b) A family member who serves as a resident who is their family member's agent or legal representative shall not be regarded as having a conflict of interest.

(c) In order to receive designation or certification, or to avoid dedesignation, as a local ombudsman or a volunteer ombudsman, an individual's immediate family members shall be free from conflicts of interest, which include the following:

1. (1) Current direct involvement in the licensing or certification of a long term care facility or a provider of a long term care service.
2. (2) Current participation through direct employment or contractual arrangement in the management of a long term care facility in the volunteer ombudsman's or local ombudsman's service area.
3. (3) A current financial interest in a long term care facility or a long term care service.
4. (4) Current membership in a trade association of long term care facilities.

(Division of Aging; 455 IAC 1-8-13; filed Mar 6, 2000, 7:51 a.m.: 23 IR 1646; readopted filed Nov 21, 2006, 11:00 a.m.: 20061213-IR-460060411RFA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-455190488RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-455240503RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-7-13) to the Division of Aging (455 IAC 1-8-13) by P.L.153-2011, SECTION 21, effective July 1, 2011.