101 C.M.R. 30.16 – Conflict of Interest

(1) Organizational Conflict of Interest. An organizational conflict of interest includes, but is not limited to, any requirement by EOHHS or a host agency that the State Ombudsman or ombudsman representatives perform an act which conflicts with or appears to conflict with the objectives or responsibilities of the Ombudsman Program, or as otherwise specified in 42 C.F.R. 1324.21(a).
(2) Individual Conflict of Interest. An individual conflict of interest includes, but is not limited to, situations where the State Ombudsman, ombudsman representative, or their respective immediate family, holds an interest which conflicts with or appears to conflict with the objectives or responsibilities of the Ombudsman Program. An individual conflict of interest includes, but is not limited to, a personal financial interest, activity, or relationship that could impair the State Ombudsman or ombudsman representative from acting impartially and in the best interest of a resident, or as otherwise set forth in 42 C.F.R. 1324.21(c).
(3) The State Ombudsman and EOHHS will implement policies and procedures to identify and remove or remedy conflicts of interest as provided in 42 C.F.R. 1324.11(e)(4) and 42 C.F.R. 1324.21. Such policies will consider both organizational and individual conflicts of interest that may impact the effectiveness and credibility of the work of the Ombudsman Program. Policies and procedures addressing actual or potential conflicts of interest will:
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Final Adoption
Date Published in Mass Register: August 5, 2022
101 CMR 30.00: STATEWIDE LONG-TERM CARE OMBUDSMAN PROGRAM
1. (a) require that no individual, or member of the immediate family of an individual, involved in the employment or appointment of the State Ombudsman is subject to a conflict of interest;
2. (b) require agencies hosting local ombudsman programs to have policies in place prohibiting the employment or appointment of a local ombudsman representative with a conflict of interest that cannot be adequately removed or remedied;
3. (c) require the State Ombudsman to take reasonable steps to refuse, suspend, or remove designation and certification of an individual who has a conflict of interest, or who has a member of the immediate family with a conflict of interest, which cannot be adequately removed or remedied;
4. (d) establish methods by which the Ombudsman Program and EOHHS will periodically review and identify potential conflicts of interest of the State Ombudsman, ombudsman representatives, and local ombudsman programs; and
5. (e) establish the actions EOHHS, the State Ombudsman, or ombudsman representatives must take in order to remedy or remove such conflicts.
(4) The State Ombudsman will report an organizational conflict of interest identified in the Ombudsman Program and describe the steps taken to remove or remedy the conflict in the annual report submitted to the National Ombudsman Reporting System.