| (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.
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