Ethics Training Drug Utilization Review Board - January 20, 2022

Ethics
Training
Drug Utilization
Review Board
January 20, 2022

TOPICS

•   Introduction
•   Gifts
•   Conflicts of Interest
•   Bribery
•   Honoraria
•   Release of Agency Information
•   Media Inquiries
•   Removal from the Board

Introduction
HHS Ethics Office:

Mission: “Promoting employee confidence
through ethical decision-making”

            David Reisman, HHS Chief Ethics Officer
            Work cell (512) 940-9221
            david.reisman@hhs.texas.gov

            The HHS Ethics Office provides guidance, not legal
            advice, that is intended to protect the interests of
            HHS.

Criminal Law
Public Servants
As public servants, Board members are
subject to ethics laws contained in the
chapters 36 & 39 of the state penal code
and elsewhere in state statutes.

Bylaws
Integrity
Board members shall maintain a high level
of integrity that warrants public trust,
including complying with all applicable
ethics guidance provided by HHSC’s Ethics
Officers and all aspects of the Texas Open
Meetings Act and Public Information Act.
DURB Bylaws
§9 B. Member Expectations #15

HHS Ethics Policy
The HHS ETHICS POLICY
incorporates standards of
ethical conduct, guidance from
statutory law, HHS Human
Resources work rules, HHS
Travel Policy, HHS Computer
Policy and other relevant
sources. Located at: HHSC
Extranet
• Members must review the Ethics Policy and
  sign and submit to the Board liaison within 30
  days after initial appointment and annually.

    DURB Bylaws §9 B. Member Expectations 12
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Gifts/Benefits

Benefit:
Anything reasonably regarded as
pecuniary gain or pecuniary
advantage, including benefit to any
other person in whose welfare the
beneficiary has a direct and
substantial interest.

           Penal Code § 36.01(3)

General Rule
 Public servants are generally prohibited
 from accepting benefits.
 Exceptions:
 • Items Worth Less Than $50
 • Independent Relationship
 • Fees for Services
 • Political Contributions
 • Government Property
 • Food and Entertainment
 • Gifts to State Agencies
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Exceptions
continued . . .
  • Benefits from External Sources
    because of an Agency Approved
    Collaborative Effort
  • Gifts from an HHS Agency
  • Gifts from Consumers and the
    Community
  • Disaster Response Personnel
  • Inspections

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Prohibited Source

The HHS Ethics Policy prohibits the acceptance
of any benefit from a prohibited source.
                  HHS Ethics Policy p.3

 *Exception: Widely Attended Gatherings, HHS Ethics Policy p. 6

Prohibited Source
 1. A vendor or likely vendor;
 2. Lobbying firms or lobbyists;
 3. An entity subject to audit, inspection,
    or investigation by HHS; and
 4. Legal counsel for a party adverse to
    the agency.

 HHS Ethics Policy p. 3

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Conflicts of Interest

Conflicts Disclosure
Board members shall disclose all direct
personal or financial interests in a motion
under consideration, and recuse themselves
from any deliberations or decisions on that
matter.*

DURB Statement By Members

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Note:
 “Personal or private interest” does not
 include the member’s engagement in a
 profession, trade, or occupation when
 the member’s interest is the same as al
 others similarly engaged in a
 profession, trade, or occupation, or if
 the member merely provides a
 personal experience, with no personal
 or private interest, in giving feedback
 on the subject matter.

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Conflicts Disclosure
 Voting members have the right to vote
 on any subject listed on the agenda.
 However, members must abstain from
 deliberating or voting on issues that
 would provide monetary or other gain
 to the member, or the member’s
 family, or that could present, or
 reasonably present, a conflict of
 interest.

 DURB Bylaws §8 C. Voting #1

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Conflict
 Disclosure Forms
 Members must sign and submit to the
 Board Liaison with 30 days after
 appointment, and annually thereafter, a
 Drug Utilization Review Board Annual
 Disclosure Form.
 DURB Bylaws §9 B. Member
 Expectations #9

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Conflict
 Disclosure Forms
 Sign and submit to the Board Liaison
 the Statement by Members document
 within 30 days after appointment. This
 document includes a Conflict of
 Interest Statement and a
 Nondisclosure Agreement to which
 Board members must agree.

 DURB Bylaws §9 B. Member
 Expectations #10

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Conflict
 Disclosure Forms
 Board members must sign and submit
 to the HHSC Board Liaison immediately
 upon initial appointment and annually
 the Department of State Health
 Services Continuing Education Service
 Disclosure of Financial Interests.

 DURB Bylaws §9 B. Member
 Expectations #11

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Bribery
 Soliciting, offering, or accepting a
 “benefit” in exchange for a decision,
 opinion, recommendation, vote, or other
 exercise of official discretion.
 Penal Code § 36.02

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Honoraria
Board members may not accept payment for
services that are requested because of the
members’ title or position on the committee.

Permitted: Food, transportation, and lodging
in connection with a speech if the services
performed are more than merely
perfunctory.

              Penal Code § 36.07

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Release of
  Information
Members shall not disclose confidential information
and all agency generated information, including in
draft form, until the information or document is made
public, the release is approved in writing by the HHS
Executive Commissioner, or the Ethics Policy permits
release.
This requirement survives the member’s tenure on the
advisory committee.

DURB Bylaws §9 B. Member Expectations #9
HHS Ethics Policy § VIII

Public Information
 Act Training
Board members shall complete the
Public Information Act training within
90 days of appointment and submit
the Certificate of Completion to the
Work Group liaison. If a member has
taken the training within the last five
years, a copy of the Certificate of
Completion may be submitted to the
committee liaison in lieu of taking the
training.

DURB Statement by Members

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Media Inquiries
 All inquiries from the media should be
 referred immediately to the HHS
 Communications Office.

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Removal From Board
 Reasons the HHS Executive Commissioner may
 remove a member from the Board includes:
 1. Voting on an issue when there is a conflict of
    interest;
 2. Refusing to sign a conflict of interest
    statements or document required by the
    Bylaws;
 3. Not maintaining a high level of integrity;
 4. Representing the Board without approval;
 5. Receiving payment for services requested
    because of position on the Board;
 6. Disclosing confidential information
 7. Violating conflict of interest provisions;
 8. . . . . . .

 DURB Bylaws § 10, Removal From the Board
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Questions?
      David A. Reisman

 david.Reisman@hhs.texas.gov