| (a) For purposes of determining if the State Ombudsman
or a representative of the Office has an individual conflict of interest,
the state of Texas is the ombudsman service area.
(b) HHSC requires an applicant for the position of
State Ombudsman to complete HHSC form "Individual Conflict of Interest
Screening of a Representative of the Office" to identify an individual
conflict of interest of the applicant.
(c) HHSC requires the State Ombudsman to complete HHSC
form "Individual Conflict of Interest Screening of a Representative
of the Office" on or about January 15th of each year and if the State
Ombudsman identifies an individual conflict of interest.
(d) The Executive Commissioner or designee reviews
a form completed by an applicant or the State Ombudsman as described
in subsection (b) or (c) of this section to determine if an identified
conflict of interest can be removed or remedied.
(e) Except as provided in subsection (f) of this section,
HHSC does not employ the State Ombudsman or a representative of the
Office who has an individual conflict of interest.
(f) HHSC may employ the State Ombudsman or a representative
of the Office who has an individual conflict of interest described
in §88.2(17)(K), (L), or (O) of this chapter (relating to Definitions)
if:
(1) the Executive Commissioner or designee approves
a remedy for the conflict of interest of the State Ombudsman; or
(2) the State Ombudsman approves a remedy for the conflict
of interest of a representative of the Office.
(g) HHSC ensures that no person involved in selecting
or terminating the State Ombudsman has an individual conflict of interest.
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