3018 Conflicts of Interest

Georgia State Seal

Georgia Division of Aging Services
Administrative Manual

Chapter:

3000 Area Agency on Aging (AAA) Administration

Effective Date:

08/16/2022

Section Title:

Conflicts of Interest

Reviewed or Updated in:

MT 2023-01

Section Number:

3018

Previous Update:

MT 2014-02

Summary Statement

Area Agencies on Aging (AAA) and their governing authorities shall avoid conflicts of interest, in fact and perception, and shall notify the Division of Aging Services (DAS) of the occurrence or existence of potential conflicts.

Requirements

AAAs shall ensure that neither a current employee, nor any current board member, aging advisory council member, representative of office of the long-term care ombudsman, paid or volunteer, holds any substantial financial interest, directly or indirectly, in the proceeds of any entity from which services or goods are contracted or otherwise procured, including for services provided directly by the AAA,nor any long-term care facility, nor derives personal profit directly or indirectly, from any entity which would conflict in any manner or degree with the performance of responsibilities of the employee, board member, advisory council member, or any representative of the office of the state long–term care ombudsman, paid or volunteer.

No current employee, current board member, or advisory council member who exercises any functions or responsibilities in the review or reward of any contract or the procurement of services or goods on behalf of the Area Agency shall:

  • participate in any decision relating to the contract or procurement of services or goods in which s/he has a direct or indirect substantial personal financial interest;

  • have a substantial financial interest, directly or indirectly, in the contract or procurement of services or goods or the proceeds thereof.

Nothing in this section shall prohibit public officials of units of local government from serving on an AAA board or aging service advisory council, notwithstanding the fact that such unit of local government is receiving or may receive funds for the provision of services or goods under the terms of the contract or procurement.

Long Term Care Ombudsman

If applicable to AAA operations, no representative of the office of the state long term care ombudsman, paid or volunteer, working in a local program, directly or indirectly, shall:

  • have direct involvement in the licensing or certification of a long-term care facility or of a provider of long-term care service

  • have a family member residing in a long-term care facility to which the representative is assigned or provides advocacy

  • have ownership or direct investment in a long-term care service

  • be employed by or participate in the management of a long-term care facility

  • receive directly or indirectly remuneration under a compensation arrangement with an owner or operator of a long-term care facility

Board or Advisory Council Meetings

Board members and advisory council members who may have conflicts of interest, in fact or perception, on any agenda item of a meeting shall refrain from comment on the item.

The member shall disclose the potential conflict and shall refrain from voting on any such item.

The actions of conflict of interest disclosure and voting abstention shall be recorded in the minutes of the meeting.

Requests for Proposals

Area agencies shall include a requirement in all Requests for Proposal (RFPs) for services, including services provided directly by the AAA, to the elderly and bid specifications that any potential conflicts of interest be identified and addressed in the proposal response.

The notification shall include:

  • the identity of the organization, person, or persons for whom a potential conflict of interest exists

  • the relationship to any current or former board member, current or former advisory council member, or current or former employee, and

  • the nature of the potential conflict.

The person or persons for whom the potential conflict of interest exists shall certify that s/he will abide by all rules established in this subsection.