The agency shall ensure that:
A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest;
B. no officer or employee of the office, ombudsman coordinator or representative, or a member of their immediate family, is subject to a conflict of interest; and
C. any ombudsman:
(1) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;
(2) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a long-term care facility or a long-term care service;
(3) is not employed by, or participating in the management of, a long-term care facility; and
(4) does not receive, or have the right to receive, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with an owner or operator of a long-term care facility.
History: Laws 1989, ch. 208, § 15; 1997, ch. 257, § 9.
The 1997 amendment, effective July 1, 1997, rewrote the section to such an extent that a detailed comparison would be impracticable.
Structure New Mexico Statutes
Article 17 - Long-Term Care Ombudsman
Section 28-17-1 - Short title.
Section 28-17-3 - Definitions.
Section 28-17-5 - Rule-making authority of director.
Section 28-17-6 - Regional and local long-term care ombudsman programs.
Section 28-17-7 - Training and certification.
Section 28-17-8 - Investigation and resolution of complaints.
Section 28-17-10 - Facility posting of ombudsman information.
Section 28-17-11 - Access to agency records.
Section 28-17-12 - Access to long-term care facilities.
Section 28-17-13 - Access to records of patients, residents or clients.
Section 28-17-14 - Confidentiality of information.
Section 28-17-15 - Conflict of interest.
Section 28-17-16 - Representatives of the office.
Section 28-17-17 - Immunity from liability.
Section 28-17-18 - Availability of legal counsel.
Section 28-17-19 - Interference with the office and retaliation prohibited; penalty; civil; appeal.