1. (1) Any employee or volunteer of the office or a local ombudsman entity may not have any conflict of interest as described in 42 U.S.C. 3058g(f).
2. (2) Any employee or volunteer of the office or a local ombudsman entity shall notify the office of any actual or potential conflict of interest.

3. (3) An organizational conflict of interest may only be remedied if:

   1. (a) the existence of the conflict does not interfere with any duty of the office or local ombudsman entity; and
   2. (b) the existence of the conflict is not likely to alter the perception of the ombudsman program as an independent advocate of any resident.

4. (4)(a) An organizational conflict may be remedied by:

   1. (i) developing a written remedial plan within ten business days of identification of the organizational conflict; and

      1. (ii) submitting that plan to the office.
   2. (b) The written remedial plan shall identify the conflict and provide assurances that mitigate the negative impact of the conflict on the ombudsman program.
   3. (c) The local area agency and local ombudsman entity shall cease any ombudsman program activities during the remedial period.
   4. (d) The office and the entity with the conflict shall mutually agree upon and sign the written remedial plan.
5. (5) The office, any local area agency, and any local ombudsman entity shall take reasonable steps to avoid employing or volunteering an individual who has an unremedied conflict of interest or who has an immediate family member with an unremedied conflict of interest.

KEY: ombudsman, LTCO

Date of Last Change: October 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-3, 42 U.S.C. 3058g, 45 CFR 1324(A)