26 Tex. Admin. Code § 88.403 - Conflicts of Interest Regarding a Host Agency
(a) If a host agency, or a governmental
entity or nonprofit organization contracting with a host agency, as described
in §
88.2(20)(B) of
this chapter (relating to Definitions), has an organizational conflict of
interest, the host agency must, within 30 days after identifying the conflict
of interest:
(1) complete HHSC form "Conflict
of Interest Identification, Removal, and Remedy," including a recommended
action to:
(A) remove a conflict of interest
described in §
88.2(30)(A) - (C)
of this chapter (relating to Definitions); and
(B) remove or remedy a conflict of interest
described in §
88.2(30)(D) - (L)
of this chapter; and
(2)
submit the completed form to the Office.
(b) A host agency must ensure that HHSC form
"Individual Conflict of Interest Screening of a Representative of the Office,"
is completed by a managing local ombudsman:
(1) at least once a year; and
(2) if the host agency identifies an
individual conflict of interest involving the managing local
ombudsman.
(c) Within
five business days after identifying an individual conflict of interest
regarding a managing local ombudsman, the host agency must:
(1) complete HHSC form "Conflict of Interest
Identification, Removal, and Remedy," including a recommended action to remove
or remedy the conflict of interest; and
(2) submit the completed form to the
Office.
(d) If the
Office receives a completed form described in subsection (a) or (c) of this
section, the State Ombudsman reviews the form and approves, modifies, or
rejects the recommended action to remove or remedy the conflict of interest.
(1) If it is not possible to remove or remedy
an organizational conflict of interest of the host agency, the State Ombudsman
removes the designation of the local ombudsman entity, as described in §
88.104(c)(2)(A)
of this chapter (relating to Designation of a Local Ombudsman
Entity).
(2) If it is not possible
to remove or remedy an individual conflict of interest of the managing local
ombudsman, the State Ombudsman refuses to initially certify or terminates
certification of the managing local ombudsman as described in §
88.103(a)(2) and (d)(4)
of this chapter (relating to Refusal,
Suspension, and Termination of Certification of an Ombudsman).
Notes
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