Current through Register No. 12, March 21, 2024
(a) The LTCO, LTCOR, and COVR shall be free
from a conflict of interest with a facility or resident of a facility as
defined in
RSA 161-F:11,
V.
(b) The LTCO shall implement procedures to
prevent a conflict of interest between LTCOR, or COVR responding to or
investigating a complaint and the subject of the complaint.
(c) In order to avoid a conflict of interest
the LTCO, LTCOR, or COVR, or member of his or her immediate family shall not:
(1) Have a financial, fiduciary, ownership or
investment interest in a facility as defined in
RSA 161-F:11,
V;
(2) Be currently employed at, or participate
in, the management of a facility;
(3) Be directly employed by or participate in
the licensing or certification of a facility;
(4) Be assigned a complaint at a facility in
which an immediate family member resides or is employed;
(5) Be assigned a complaint at a facility
where the LTCOR or COVR is a guardian or legal representative of a resident at
the facility;
(6) Be assigned a
complaint at a facility in which the LTCOR or COVR has been employed within 12
months of the beginning employment, student internship, or volunteer
involvement with the OLTCO;
(7)
Receive or have the right to receive, directly or indirectly, remuneration,
either in cash or in-kind, under a compensation arrangement with an owner or
operator of a facility; or
(8)
Accept gifts or gratuities of significant value from a facility or its
management, a resident, or a resident representative of a facility in which the
LTCO or LTCOR provides services;
(9) Serve as a resident's agent, medical
decision-maker, or in another capacity, which would conflict with the role and
responsibilities of the OLTCO.
(c) Before an individual is employed by or
otherwise engaged to serve as an LTCOR, or COVR, LTCO shall review Omb 408.01
(a) and (b) with the individual. If a potential conflict of interest or
conflict of interest exists LTCO shall require him or her to:
(1) Withdraw from the situation that is
creating the conflict of interest prior to beginning employment or other
involvement with the office;
(2)
Sign a statement "Conflict of Interest" (7/27/17) and indicated that he or she
has withdrawn from the circumstances that created the conflict of interest and
shall not engage in activities which would cause the conflict of interest to
return; and
(3) Maintain a copy of
the signed statement as long as the LTCOR is employed or a volunteer with the
office.
(d) Each year
the OLTCO shall require all LTCOR and COVR sign, and date a statement "Conflict
of Interest" (7/27/17) indicating that he or she has no conflict of interest
that would arise out of a connection to a long-term care facility or an
individual who is a resident, or employee of a facility in New
Hampshire.
(e) If a conflict of
interest arises for a LTCOR or COVR subsequent to employment or volunteer
certification, the individual shall notify the LTCO as soon as possible, and
the LTCO shall:
(1) Determine whether or not
the situation constitutes a conflict of interest described in (b) above;
and
(2) If a conflict of interest
exists, the LTCO shall either:
a.Reassign the
LTCOR to a different area of work that will not generate a conflict of
interest; or
b.Request that the
COVR withdraw from the situation that is creating the conflict of
interest.
