N.M. Code R. § 9.2.19.29 - INDIVIDUAL OMBUDSMAN CONFLICTS
Conflicts for any ombudsman, including the state ombudsman, staff and volunteers, include, but are not limited to, the following:
A. employment of the individual by a
long-term care facility in the state or by the owner or operator of any
long-term care facility in the state within one year before the date the
determination is being made;
B.
participation in the management of a long-term care facility by the individual
or a member of his or her immediate family or household within one year before
the date the determination is being made. For purposes of this paragraph,
"household" means all persons residing at a single dwelling and contributing to
the household income;
C. ownership
or investment interest (represented by equity, debt, or other financial
relationship) in an existing or proposed long-term care facility or long-term
care service by the individual or a member of his or her immediate
family;
D. involvement in the
licensing or certification of a long-term care facility or provision of a
long-term care service by the individual or a member of his or her immediate
family;
E. receipt of remuneration
(in cash or in kind) under a compensation arrangement with an owner or operator
of a long-term care facility by the individual or to the individual through a
member of his or her immediate family;
F. accepting any gifts or gratuities from a
long-term care facility or resident or resident representative; an ombudsman
must adequately compensate a facility for food provided by the facility with
the exception of courtesy beverages and sample portions of food tested as part
of an investigative process;
G.
accepting money or any other consideration from anyone other than the provider
agency or other entity designated by the office for the performance of an act
in the regular course of an ombudsman's duties;
H. having management responsibility for, or
operating under the supervision of an individual with management responsibility
for, adult protective services;
I.
serving as a surrogate decision maker or in another fiduciary capacity for
residents of long-term care facilities in an official capacity (as opposed to
serving as a guardian or fiduciary for a family member, in a personal
capacity);
J. provision of services
with conflicting responsibilities while serving as an ombudsman; or
K. otherwise participating in activities
which negatively impact on the ability of the ombudsman to serve residents, or
are likely to create a perception that the ombudsman's primary interest is
other than as a resident advocate.
Notes
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No prior version found.