(1) A representative of the State Long-Term Care Ombudsman Program may not:

(a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service.

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Terms Used In Florida Statutes 400.0070

  • Department: means the Department of Elderly Affairs. See Florida Statutes 400.0060
  • Long-term care facility: means a nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility. See Florida Statutes 400.0060
  • Ombudsman: means an individual who has been certified by the state ombudsman as meeting the requirements of ss. See Florida Statutes 400.0060
  • State ombudsman: means the State Long-Term Care Ombudsman, who is the individual appointed by the Secretary of Elderly Affairs to head the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
(b) Be employed by, or participate in the management of, a long-term care facility.
(c) Receive, or have a right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with the owner or operator of a long-term care facility.
(2) Each representative of the State Long-Term Care Ombudsman Program shall certify that he or she does not have a conflict of interest.
(3) The department, in consultation with the state ombudsman, shall define by rule:

(a) Situations that constitute a conflict of interest which could materially affect the objectivity or capacity of an individual to serve as a representative of the State Long-Term Care Ombudsman Program while carrying out the purposes of the State Long-Term Care Ombudsman Program as specified in this part.
(b) The procedure by which an individual listed in subsection (2) must certify that he or she does not have a conflict of interest.