CEO 84-97 -- October 18, 1984

CONFLICT OF INTEREST

D.H.R.S. DISTRICT EMPLOYEE EMPLOYED BY NURSING HOME

To: Ms. Rebecca Stringer, Public Assistance Supervisor, Adult Payments Program, District IV, Department of Health and Rehabilitative Services, Jacksonville

SUMMARY:

No prohibited conflict of interest exists where a Public Assistance Supervisor with D.H.R.S. responsible for the determination of financial eligibility of Medicaid clients is employed part-time by a nursing home which does not accept Medicaid payments. The employee is not in a position to influence the licensure or inspections of the nursing home or to make determinations regarding payments to the nursing home. CEO's 83-84 and 84-39 are referenced.

QUESTION:

Does a prohibited conflict of interest exist where you, a Public Assistance Supervisor with the Department of Health and Rehabilitative Services responsible for the determination of financial eligibility of Medicaid clients, are employed part-time by a nursing home which does not accept Medicaid payments?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed by the Department of Health and Rehabilitative Services, District IV, as a Public Assistance Supervisor in the Adult Payment Program. In that position you are responsible for supervising five eligibility specialists who determine the financial eligibility of potential recipients of the Department's Institutional Care Program. These recipients are residents of nursing homes who request Medicaid assistance in paying their nursing home bills.

You also advise that you have accepted part-time employment with a nursing home as a nurse's aide. The nursing home does not accept Medicaid payments. The home is licensed by the Licensure and Certification Unit of the Department. However, neither you nor your unit have any responsibility or connection with this licensing and certification function.

We are of the opinion that your question is answered by the rationale of previous opinions CEO 83-84 and CEO 84-39. As was the situation in those opinions, you are not in a position to influence the licensure or inspections of the nursing home or to make determinations regarding payments which the home would receive from the Department.

Accordingly, we find that no prohibited conflict of interest exists in your part-time employment as a nurse's aide at a nursing home which does not receive Medicaid payments.