R510-200-12. De-Certification of an Individual as an Ombudsman

  (1) Criteria for de-certifying an ombudsman.

  (a) the SLTCO shall de-certify a LTCO for any of the following reasons:

  (i) failure of the individual to meet and/or maintain the criteria for certification;

  (ii) existence of a conflict of interest;

  (iii) intentional failure of the individual to disclose any conflict of interest;

  (iv) performing a function not recognized or sanctioned by the LTCOP;

  (v) violation of the confidentiality requirements;

  (vi) failure to fulfill LTCO responsibilities as outlined in R510-200-7, Long-Term Care Ombudsman Responsibilities;

  (vii) falsifying records;

  (viii) failure to follow the direction of the SLTCO, or designee, regarding LTCO procedures and practices;

  (ix) a change in employment duties which is incompatible with LTCO duties; or

  (x) separation from the LTCOP including:

  (A) termination of employment by the Provider Agency;

  (B) non-fulfillment of job responsibilities;

  (C) termination or non-renewal of Provider Agency's contract for provision of LTCO services; or

  (D) failure to act in accordance with applicable Federal and State laws and regulations.

  (2) Process to de-certify an ombudsman.

  (a) prior to de-certifying, the SLTCO shall:

  (i) consult with the relevant AAA and/or Provider Agency to consider remedial actions that could be taken to avoid de-certification; and

  (ii) discuss with the relevant AAA and/or Provider Agency the impact of the action which led to de-certification.

  (b) the SLTCO shall provide written notice of intent to the LTCO to be de-certified and the Provider Agency. Such notice shall:

  (i) specify the reasons for the intended de-certification; and

  (ii) set for the effective date of the de-certification.

  (3) Upon completion of the decertification actions, the SLTCO shall record the actions and results in the central registry.