N.M. Code R. § 9.2.19.32 - REMEDYING ORGANIZATIONAL CONFLICT

A. An organization (with the exception of the department, which steps for remedying any perceived conflict are set forth in Section 9.2.19.28 NMAC) within which the conflict has been identified shall submit to the state ombudsman a written remedial plan within 30 calendar days of identification of the conflict to the office. The remedial plan must identify the conflict and provide assurances that minimize to the greatest extent possible the negative impact of the conflict on the program. Examples of such assurances may include:

(1) the program will investigate complaints in an unbiased manner and independently determine actions to be taken in their resolution; or

(2) no provider agency employee or governing board member with a conflict of interest will be involved with or influence any decision to hire or terminate the employment of an ombudsman;

(3) governing board members of the provider agency, AAA or private non-profit entity who have a conflict of interest:

(a) must disclose the conflict to the governing board and to the state ombudsman;

(b) May have no involvement with ombudsman activities concerning the entity which is the source of the conflict; and

(c) must abstain from voting on issues related to the operation of the program.

(4) the provider agency's policies and procedures adequately set forth procedures to remedy conflicts of interest and ensure that the ombudsmen fulfill their duties without interference;

(5) a memorandum of agreement exists between the program and another program which provides services with conflicting responsibilities. Such a memorandum must adequately set forth the roles, responsibilities, and appropriate working relationships of the respective programs.

Notes

N.M. Code R. § 9.2.19.32

9.2.19.32 NMAC - N, 2/1/2001, Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 12/29/2017