N.H. Admin. Code § Omb 408.01

Current through Register No. 50, December 12, 2024

Section Omb 408.01 - Conflict of Interest

(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(2) Sign a statement "Conflict of Interest" (7/27/17) and indicated that he or she has withdrawn from the circumstances that created the conflict of interest and shall not engage in activities which would cause the conflict of interest to return; and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.

N.H. Admin. Code § Omb 408.01

Derived From Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12379, Effective 9/13/2017, Expires 9/13/2027.