§ 7509 - Conflict of interest
§ 7509. Conflict of interest
(a) The department by rule shall prohibit any ombudsman or immediate family member of any ombudsman from having any interest in a long-term care facility or provider of long-term care which creates a conflict of interest in carrying out the ombudsman's responsibilities under this chapter.
(b) The state ombudsman, consistent with the requirements of the Older Americans Act, shall be able to speak on behalf of the interest of individuals receiving long-term care and to carry out all duties prescribed in this chapter without being made subject to any disciplinary or retaliatory personnel or other action as a consequence of so doing. The commissioner of aging and independent living shall establish a committee of no fewer than five persons, who represent the interests of individuals receiving long-term care and who are not state employees, for the purpose of assuring that the state ombudsman is able to carry out all prescribed duties without a conflict of interest. The commissioner shall solicit from this committee its assessment of the state ombudsman's capacity to perform in accordance with this subsection and shall submit that assessment as an appendix to the report required under subdivision 7503(10) of this title. The department, in consultation with this committee, shall establish rules which implement this subsection. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2005, No. 56, § 3, eff. June 13, 2005.)