(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.

Source Note: The provisions of this §88.303 adopted to be effective April 5, 2018, 43 TexReg 2007