| (a) If a host agency, or a governmental entity or nonprofit
organization contracting with a host agency, as described in §88.2(16)(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(25)(A)
- (C) of this chapter (relating to Definitions); and
(B) remove or remedy a conflict of interest described
in §88.2(25)(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).
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