26 Tex. Admin. Code § 88.303 - Individual Conflicts of Interest Regarding a Local Ombudsman Entity

(a) A local ombudsman entity must ensure that HHSC form "Individual Conflict of Interest Screening of a Representative of the Office" is completed by:

(1) an applicant for a volunteer ombudsman position before performing functions of the Ombudsman Program; and

(2) a certified ombudsman, other than a managing local ombudsman:

(A) at least once a year; and

(B) if the local ombudsman entity identifies an individual conflict of interest involving the certified ombudsman.

(b) A local ombudsman entity must require a representative of the Office to immediately notify the local ombudsman entity of an individual conflict of interest regarding a representative of the Office.

(c) If a local ombudsman entity identifies an individual conflict of interest:

(1) regarding a representative of the Office other than the managing local ombudsman, within 30 days after identifying the conflict, the local ombudsman entity must:

(A) complete HHSC form "Conflict of Interest Identification, Removal, and Remedy," including a recommended action to remove or remedy the conflict of interest, if possible; and

(B) submit the completed form to the Office; and

(2) regarding the managing local ombudsman, the local ombudsman entity must immediately notify the host agency so the host agency can comply with § 88.403(c) of this chapter (relating to Conflicts of Interest Regarding a Host Agency).

(d) If the Office receives a completed form as described in subsection (c)(1) of this section, the State Ombudsman reviews the form and:

(1) approves, modifies, or rejects the recommended action to remove or remedy the conflict of interest; or

(2) if it is not possible to remove or remedy the conflict of interest, refuses or terminates certification of the person with the individual conflict of interest.

Notes

26 Tex. Admin. Code § 88.303

Adopted by Texas Register, Volume 43, Number 13, March 30, 2018, TexReg 2015, eff. 4/5/2018