New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 19 - LONG TERM CARE OMBUDSMAN
Section 9.2.19.32 - REMEDYING ORGANIZATIONAL CONFLICT
Universal Citation: 9 NM Admin Code 9.2.19.32
Current through Register Vol. 35, No. 18, September 24, 2024
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.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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