(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.

Source Note: The provisions of this §88.501 adopted to be effective April 5, 2018, 43 TexReg 2007; amended to be effective May 22, 2024, 49 TexReg 3566