reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 87 - OMBUDSMAN SERVICES › Subchapter E - INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN › Section 87.511 - Referrals to Other HHS Offices or Other Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) If individuals with IDD, their LARs,
				  their program providers, or LIDDAs contact IDDO seeking information or wishing
				  to complain about an HHS program other than IDD services, the individuals with
				  IDD, their LARs, their program providers, or LIDDAs are transferred to OO staff
				  that handle complaints regarding those programs. IDDO staff inform the
				  individuals with IDD, their LARs, their program providers, or LIDDAs of this
				  referral and document it in the HEART system.
(b) Residents of state supported living
				  centers (SSLCs) or their LARs are referred to the Office of the Independent
				  Ombudsman for SSLCs established by Texas Health and Safety Code Chapter 555,
				  Subchapter C, and to the HHSC Regulatory Division. IDDO staff inform residents
				  or their LARs of these referrals and document them in the HEART
				  system.
(c) Individuals with IDD
				  receiving services at an Intermediate Care Facilities for Individuals with an
				  Intellectual Disability or Related Conditions, their LARs, or their program
				  providers are referred to the HHSC Regulatory Services Division.
(d) Cases involving individuals with IDD,
				  their LARs, their program providers, or LIDDAs who contact IDDO alleging
				  solicitation, as defined by Texas Occupations Code Chapter 102, by an HCS or
				  TxHmL program provider are forwarded to the Office of Inspector
				  General.
(e) Contacts involving
				  individuals with IDD, their LARs, or their program providers who allege a
				  Health Insurance Portability and Accountability Act violation by LIDDA staff
				  are referred to the LIDDA's contract manager within HHSC's IDD-Behavioral
				  Health Services Department. IDDO staff inform individuals with IDD, their LARs,
				  or their program providers of the referrals and document them in the HEART
				  system.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 87 - OMBUDSMAN SERVICES › Subchapter E - INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN › Section 87.513 - Intake of Contacts

Current through Reg. 49, No. 28; July 12, 2024
(a) A contact
				  received by postal mail, fax, or online submission is uploaded to the HEART
				  system and assigned to available IDDO staff for action within one business day
				  of receipt.
(b) A call received by
				  IDDO staff is immediately entered in the HEART system.
(c) When IDDO staff begin to review a
				  contact, they take the following actions:
(1)
				  notify the individuals with IDD, their LARs, or their program providers of
				  IDDO's roles and responsibilities;
(2) explain any referrals to other HHS staff
				  or external organizations that are recommended;
(3) explain the IDDO complaint resolution
				  process;
(4) clarify the preferred
				  method and timeline of follow-up communications; and
(5) provide an estimated timeline in which a
				  response can be expected.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 87 - OMBUDSMAN SERVICES › Subchapter E - INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN › Section 87.515 - Research and Communication with HHS Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) IDDO staff review all available
				  information about an individual with IDD through inquiry into HHS program
				  systems before sending a contact to their program provider or the rights
				  protection officer at the relevant LIDDA for review, if needed.
(b) Each complaint is investigated to
				  determine if HHS policy was followed by HHS staff and vendors contracted to
				  provide services, including program providers and LIDDA staff. Applicable
				  policies include federal and state law, administrative rules, HHSC contracts,
				  and internal program policies and procedures.
(c) When IDDO research through available
				  systems is not sufficient to address the concern or determine whether a
				  complaint can be substantiated, IDDO staff request a response from HHS program
				  staff, program providers, or the rights protection officer at the applicable
				  LIDDA, if individuals with IDD or their LARs have consented to discussion of
				  the contact.
(d) Upon receipt of a
				  response from HHS program staff, program providers, or a rights protection
				  officer, IDDO staff review to determine if the concerns have been addressed and
				  if IDDO staff can determine whether a complaint can be substantiated. If the
				  response is found to be inadequate by IDDO staff or if additional information
				  is required, IDDO staff refer the contact back to HHS program staff, the
				  program provider, or the rights protection officer for additional
				  review.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 87 - OMBUDSMAN SERVICES › Subchapter E - INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN › Section 87.517 - Follow-up with Individuals with IDD

Current through Reg. 49, No. 28; July 12, 2024
IDDO staff follow-up with individuals with IDD or their
					 LARs within one business day of the date of receipt of a contact, and then at
					 least every ten business days thereafter, until the contact is
					 closed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 87 - OMBUDSMAN SERVICES › Subchapter E - INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN › Section 87.519 - Substantiating and Closing Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Once IDDO staff have determined all pertinent information has been gathered and
				  their investigation of a complaint is complete, they determine if the complaint
				  is substantiated, unsubstantiated, or unable to be substantiated.
(b) Written responses requested by
				  individuals with IDD or LARs include:
(1) a
				  description of the steps taken to investigate the complaint;
(2) a description of what IDDO found as a
				  result of their investigation; and
(3) if a complaint is:
(A) substantiated, a description of the
				  actions taken in response; or
(B)
				  unsubstantiated, a description of additional steps the individual with IDD can
				  take to have someone review the individual's concerns (e.g., a referral to
				  Disability Rights Texas), if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter A - PURPOSE AND DEFINITIONS › Section 88.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to implement the State
					 Long-Term Care Ombudsman Program, as established by:
(1) the Older Americans Act, § 711 and
				  § 712 (United States Code, Title 42, § 3058f and §
				  3058g);
(2) CFR, Title 45, Parts
				  1321 and 1324; and
(3) Texas Human
				  Resources Code, Title 6, Chapter 101A, Subchapter F.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter A - PURPOSE AND DEFINITIONS › Section 88.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) Business day--Any day
				  except a Saturday, Sunday, or legal holiday listed in Texas Government Code,
				  §
										662.021.
(2) Certified ombudsman--A staff ombudsman or
				  a volunteer ombudsman.
(3)
				  CFR--Code of Federal Regulations.
(4) Complainant--A person who makes a
				  complaint.
(5) Complaint--A
				  statement of dissatisfaction or concern made by or on behalf of a resident,
				  that relates to action, inaction, or a decision by any of the following
				  entities or persons, that may adversely affect the health, safety, welfare, or
				  rights of the resident:
(A) a long-term care
				  (LTC) facility or LTC facility staff;
(B) a governmental entity, including a health
				  and human services agency; or
(C)
				  any other person who provides care or makes decisions related to a
				  resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter B - ESTABLISHMENT OF THE OFFICE › Section 88.102 - Certification of an Ombudsman

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Ombudsman initially certifies a
				  person described in §
										88.2(36)(C)(i) or
				  (ii) of this chapter (relating to
				  Definitions) as a staff ombudsman, other than a managing local ombudsman, if:
(1) the person has one of the following:
(A) a bachelor's or advanced degree from an
				  accredited college or university; or
(B) a high school diploma or a certificate
				  recognized by the state in which it was issued as the equivalent of a high
				  school diploma and at least four years of one, or a combination, of the
				  following:
(i) paid experience in a social,
				  behavioral, health, or human service field; or
(ii) experience as a certified
				  ombudsman;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter B - ESTABLISHMENT OF THE OFFICE › Section 88.103 - Refusal, Suspension, and Termination of Certification of an Ombudsman

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Ombudsman refuses to initially
				  certify:
(1) a staff ombudsman, other than a
				  managing local ombudsman, if the requirements in § 88.102(a) of this
				  subchapter (relating to Certification of an Ombudsman) are not met;
(2) a managing local ombudsman if the
				  requirements in § 88.102(b) of this subchapter are not met; and
(3) a volunteer ombudsman if the requirements
				  in § 88.102(c) of this subchapter are not met.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter B - ESTABLISHMENT OF THE OFFICE › Section 88.104 - Designation of a Local Ombudsman Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Ombudsman may designate a local
				  ombudsman entity to perform the functions of the Ombudsman Program in an
				  ombudsman service area.
(b) The
				  State Ombudsman does not designate a local ombudsman entity if the host agency
				  or a governmental entity or nonprofit organization contracting with the host
				  agency, as described in §
										88.2(20)(B) of
				  this chapter (relating to Definitions):
(1)
				  has an organizational conflict of interest described in §88.2(30)(A) - (C)
				  of this chapter; or
(2) has an
				  organizational conflict of interest described in §88.2(30)(D) - (L) of
				  this chapter that has not been removed or remedied as approved by the State
				  Ombudsman in accordance with §
											88.403(d) of this
				  chapter (relating to Conflicts of Interest Regarding a Host Agency).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter B - ESTABLISHMENT OF THE OFFICE › Section 88.105 - Fiscal Management of a Local Ombudsman Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Ombudsman:
(1) determines the use of the federal and
				  state funds appropriated for the operation of the Office;
(2) approves the allocation of federal and
				  state funds to a host agency for the operation of the Ombudsman Program in
				  accordance with subsection (b) of this section; and
(3) determines that Ombudsman Program budgets
				  and expenditures are for an appropriate amount and relate to functions of the
				  Ombudsman Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter B - ESTABLISHMENT OF THE OFFICE › Section 88.106 - Onsite Monitoring of a Local Ombudsman Entity and a Host Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office
				  conducts an onsite visit of a local ombudsman entity and a host agency to
				  monitor:
(1) the performance of functions of
				  the Ombudsman Program by a representative of the Office;
(2) the compliance by a local ombudsman
				  entity with Subchapter D of this chapter (relating to Requirements of a Local
				  Ombudsman Entity);
(3) the
				  compliance by a host agency with Subchapter E of this chapter (relating to
				  Requirements of a Host Agency);and
(4) the compliance by a local ombudsman
				  entity and a host agency with Subchapter G of this chapter (relating to
				  Grievances).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter B - ESTABLISHMENT OF THE OFFICE › Section 88.107 - Desk Review Monitoring of a Local Ombudsman Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office conducts a desk review of a
				  local ombudsman entity to determine if the local ombudsman entity:
(1) is in compliance with §
											88.305(a)(3) and
				  (c)(2) of this chapter (relating to
				  Complaints) and §
											88.307(a) of this
				  chapter (relating to Requirements Regarding LTC Facility Visits and Submitting
				  Information to the Office);
(2) is
				  making progress toward meeting:
(A)
				  performance measures required by §88.405(a)(3) - (6) of this chapter
				  (relating to Performance Measures); and
(B) performance measure projections required
				  by §
												88.405(b) of this
				  chapter; and
(3) has
				  conducted at least one visit to each LTC facility in the ombudsman service area
				  each quarter of a federal fiscal year as required by the Ombudsman Policies and
				  Procedures Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter C - ACCESS BY THE STATE OMBUDSMAN AND REPRESENTATIVES OF THE OFFICE › Section 88.201 - Access to Facilities, Residents, and Resident Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Ombudsman and a representative
				  of the Office have:
(1) immediate, private,
				  and unimpeded access to enter an LTC facility, in accordance with the Older
				  Americans Act, §712(b)(1)(A) and 45 CFR §1324.11(e)(2)(i):
(A) at any time during a facility's regular
				  business hours or regular visiting hours; and
(B) at a time other than regular business
				  hours or visiting hours, if the State Ombudsman or a certified ombudsman
				  determines access may be required by the circumstances to be
				  investigated;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter C - ACCESS BY THE STATE OMBUDSMAN AND REPRESENTATIVES OF THE OFFICE › Section 88.202 - Notification to LTC Facility of Authorization to Access Resident Records

Current through Reg. 49, No. 28; July 12, 2024
A certified ombudsman must, at the request of an LTC
					 facility, provide a completed HHSC form "Acknowledgement of Ombudsman Access to
					 Confidential Record" to the facility at the time the certified ombudsman is
					 requesting access to a confidential record concerning a resident from the
					 facility as described in §
										88.201(c) of this
					 subchapter (relating to Access to Facilities, Residents, and Resident
					 Records).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.301 - Requirements to Recommend Certification as an Ombudsman

Current through Reg. 49, No. 28; July 12, 2024
(a) For a person to be certified as a staff
				  ombudsman, other than a managing local ombudsman, in accordance with §
				  88.102 of this chapter (relating to Certification of an Ombudsman), the local
				  ombudsman entity must recommend to the Office that the person be certified,
				  using HHSC form "Certified Ombudsman Application." The local ombudsman entity
				  may make a recommendation only if:
(1) the
				  person has not been convicted of an offense listed under Texas Health and
				  Safety Code §
											250.006
				  during the time periods set forth in Texas Health and Safety Code §
											250.006;
(2) the person does not have an individual
				  conflict of interest or has an individual conflict of interest that has been
				  remedied, as described in § 88.303 of this subchapter (relating to
				  Individual Conflicts of Interest Regarding a Local Ombudsman Entity);
				  and
(3) the person successfully
				  completes the certification training provided by the local ombudsman entity in
				  accordance with the Ombudsman Policies and Procedures Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.302 - Requirement to Ensure a Representative of the Office Performs Functions of the Ombudsman Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				  ombudsman entity must ensure that:
(1) a
				  certified ombudsman performs the functions described in the Older Americans
				  Act, § 712(a)(3) and (5) and
				  45 CFR §
												1324.19(a), including:
(A) identifying, investigating, and resolving
				  complaints, made by or on behalf of residents, that relate to action, inaction,
				  or decisions that may adversely affect the health, safety, welfare, or rights
				  of residents;
(B) providing
				  services to protect the health safety, welfare, and rights of
				  residents;
(C) providing residents
				  with information about the Ombudsman Program;
(D) making regular visits to residents in LTC
				  facilities, as well as promptly responding to requests received by telephone,
				  mail, and electronic means;
(E)
				  representing the interests of residents before governmental agencies, and
				  pursuing administrative, legal, and other remedies to protect
				  residents;
(F) analyzing,
				  commenting on, making recommendations, and monitoring the development and
				  implementation of laws, rules, regulations, and other policies and actions that
				  pertain to the health, safety, welfare, and rights of residents, with respect
				  to the adequacy of LTC facilities and services; and
(G) coordinating with and promoting the
				  development of citizen organizations, including resident and family
				  councils;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.303 - Individual Conflicts of Interest Regarding a Local Ombudsman Entity

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.304 - Disclosure of Confidential Information; Exclusion from Reporting Requirements Regarding Abuse, Neglect, or Exploitation; and Provision of Records to the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) Information
				  identifying a resident or complainant is confidential. Such information
				  includes:
(1) the name of the resident or
				  complainant;
(2) information about
				  the resident's medical condition;
(3) the resident's medical history;
(4) the resident's social history, which
				  includes occupation, residences, and information about a resident's
				  family;
(5) the resident's source
				  of payment;
(6) information about
				  the resident's personal life; and
(7) information from a communication between
				  a resident and a representative of the Office.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.305 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				  ombudsman entity must:
(1) ensure that a
				  person is allowed to make a complaint as follows:
(A) in writing, including by email;
(B) in person; and
(C) by telephone;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.306 - Compliance with Documents of the Office

Current through Reg. 49, No. 28; July 12, 2024
A local ombudsman entity must comply with:
(1) the Ombudsman Policies and Procedures
				  Manual available on the HHSC website;
(2) the Ombudsman Program Protocols available
				  on the HHSC website; and
(3) the
				  Ombudsman Certification Training Manual available on the HHSC
				  website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.307 - Requirements Regarding LTC Facility Visits and Submitting Information to the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				  ombudsman entity must ensure each LTC facility in the ombudsman service area is
				  visited by a certified ombudsman in accordance with the Ombudsman Policies and
				  Procedures Manual during each federal fiscal year to:
(1) monitor residents' health, safety,
				  welfare, and rights; and
(2)
				  receive, investigate, and resolve complaints on behalf of residents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.308 - Ombudsman Program Logo and Communications to the Public

Current through Reg. 49, No. 28; July 12, 2024
(a) The local ombudsman entity must obtain
				  approval by the Office of materials to be distributed to persons other than
				  representatives of the Office, before the materials are distributed.
(b) If a local ombudsman entity uses a logo
				  on printed materials created by the local ombudsman entity, the local ombudsman
				  entity must use the logo approved by the Office. A host agency may use its logo
				  on printed materials in addition to the logo approved by the Office.
(c) A local ombudsman entity must ensure that
				  an outgoing message for the telephone of a staff ombudsman includes:
(1) a statement that the staff ombudsman
				  works in the Ombudsman Program; and
(2) that a message left by the caller will be
				  confidential.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY › Section 88.310 - Prohibition of Interference and Retaliation by a Local Ombudsman Entity

Current through Reg. 49, No. 28; July 12, 2024
A local ombudsman entity must not:
(1) willfully interfere with the State
				  Ombudsman or a representative of the Office performing any of the functions of
				  the Ombudsman Program;
(2)
				  retaliate against the State Ombudsman or a representative of the Office:
(A) with respect to a resident, employee of
				  an LTC facility, or other person filing a complaint with, providing information
				  to, or otherwise cooperating with a representative of the Office; or
(B) for performance of the functions,
				  responsibilities, or duties described in
				  45
				  CFR §
												1324.13 and §
											1324.19
				  and this chapter, including prohibiting a representative of the Office from
				  commenting or recommending changes as described in § 88.302(a)(1)(F) of
				  this subchapter (relating to Requirement to Ensure a Representative of the
				  Office Performs Functions of the Ombudsman Program); or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.401 - Coordination with the State Ombudsman in Hiring and Terminating a Staff Ombudsman

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with
				  45
				  CFR §
											1324.11(e)(1)(iv), a host
				  agency must coordinate with the Office about the hiring and termination of a
				  staff ombudsman.
(b) Before a
				  person is hired to serve as a staff ombudsman, including the hiring or
				  promotion of a person to serve as a managing local ombudsman, the host agency
				  must ensure that the following documentation is submitted to the Office:
(1) the applicant's resume or job
				  application;
(2) HHSC form
				  "Individual Conflict of Interest Screening of a Representative of the Office"
				  as evidence of screening for an individual conflict of interest and, if a
				  conflict is identified, a proposed removal or remedy plan for the conflict,
				  using HHSC form "Conflict of Interest Identification, Removal, and Remedy";
				  and
(3) one of the following:
(A) consent by the applicant for a criminal
				  history check, using HHSC form "Consent for Criminal History Check";
				  or
(B) the criminal history record
				  of the applicant from the Texas Department of Public Safety obtained directly
				  by the host agency or through a private agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.402 - Personnel Management of Representatives of the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
				  45
				  CFR §
											1324.17(a), a
				  host agency is responsible for the personnel management, but not the
				  programmatic oversight, of a representative of the Office who works for the
				  host agency. Personnel management includes:
(1) hiring and terminating a staff ombudsman
				  as described in § 88.401 of this subchapter (relating to Coordination with
				  the State Ombudsman in Hiring and Terminating a Staff Ombudsman) and subsection
				  (c)(2) of this section;
(2)
				  overseeing compliance with host agency policies by a representative of the
				  Office;
(3) collecting timesheets
				  from a staff ombudsman to demonstrate work performance;
(4) determining salary and benefits for a
				  staff ombudsman;
(5) evaluating job
				  performance of a staff ombudsman;
(6) assigning work space and equipment for a
				  staff ombudsman; and
(7) performing
				  payroll and accounting activities regarding the local ombudsman
				  entity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.403 - Conflicts of Interest Regarding a Host Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) If a host agency, or a governmental
				  entity or nonprofit organization contracting with a host agency, as described
				  in §
										88.2(20)(B) of
				  this chapter (relating to Definitions), has an organizational conflict of
				  interest, the host agency must, within 30 days after identifying the conflict
				  of interest:
(1) complete HHSC form "Conflict
				  of Interest Identification, Removal, and Remedy," including a recommended
				  action to:
(A) remove a conflict of interest
				  described in §88.2(30)(A) - (C) of this chapter (relating to Definitions);
				  and
(B) remove or remedy a conflict
				  of interest described in §88.2(30)(D) - (L) of this chapter; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.404 - Provision of Records to the Office, Disclosure of Confidential Information, and Allegations of Abuse, Neglect, or Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with the Older Americans
				  Act, §712(d)(2)(A) and 45 CFR §1324.13(e)(1), the State Ombudsman has
				  the sole authority to make determinations concerning the disclosure of
				  confidential information, as described in §
										88.304(a) of this
				  chapter (relating to Disclosure of Confidential Information, Exclusion from
				  Reporting Requirements Regarding Abuse, Neglect, and Exploitation, and
				  Provision of Records to the Office).
(b) A request to disclose written
				  confidential information is responded to in accordance with this subsection.
(1) If a person who is not a representative
				  of the Office but works for a host agency or governmental entity or nonprofit
				  organization contracting with a host agency, as described in §
											88.2(20)(B) of
				  this chapter (relating to Definitions), receives a request to disclose written
				  confidential information, as described in §
											88.304(a) of this
				  chapter, the host agency must ensure that the State Ombudsman is immediately:
(A) notified of the request; and
(B) provided any communication from the
				  requestor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.405 - Performance Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  performance measures of a local ombudsman entity are described in this
				  subsection.
(1) The number of certified
				  ombudsmen who will, during a federal fiscal year:
(A) conduct visits at LTC facilities;
				  and
(B) identify and investigate
				  complaints.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.406 - Requirements Regarding Expenditures for the Ombudsman Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A host agency
				  must, for the Ombudsman Program implemented by a local ombudsman entity, expend
				  for a federal fiscal year at least the amount of federal funds expended as
				  required by the Older Americans Act, §306(a)(9). In determining the amount
				  of funds expended, the host agency may include all funds except, in the
				  discretion of the State Ombudsman, an amount of state general revenue funds
				  allocated to the host agency described in §
										88.105(b)(3) of
				  this chapter (relating to Fiscal Management of a Local Ombudsman Entity). The
				  State Ombudsman will notify host agencies of the specific amount of state
				  general revenue funds to be excepted from the determination of funds expended
				  by a communication published on the Long-Term Care Ombudsman website.
(b) A function of the Ombudsman Program
				  performed by a local ombudsman entity that is paid for with funds allocated by
				  HHSC must be an allowable activity in accordance with the Ombudsman Policies
				  and Procedures Manual.
(c) A
				  purchase of a service, material, equipment, or good by a host agency for the
				  Ombudsman Program implemented by a local ombudsman entity with funds allocated
				  by HHSC must meet the criteria described in 45 CFR Part 75.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.407 - Requirement for Approval of Ombudsman Staffing Plan Form

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office
				  sends a host agency an Ombudsman Staffing Plan form on or about July 31st of
				  each year.
(b) A host agency must
				  complete and submit the Ombudsman Staffing Plan form sent to the host agency by
				  the Office as specified in the form.
(c) The Office reviews a completed Ombudsman
				  Staffing Plan form submitted by the host agency and notifies the host agency in
				  writing of whether the form is approved. If the form is not approved by the
				  Office, a host agency may submit a revised form to the Office.
(d) The Office will not reimburse a host
				  agency for expenditures made by the host agency for Ombudsman Program functions
				  until the Office approves an Ombudsman Staffing Plan form submitted by the host
				  agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.408 - Prohibition of Interference and Retaliation by a Host Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) A host agency
				  must not:
(1) willfully interfere with the
				  State Ombudsman or a representative of the Office performing any of the
				  functions of the Ombudsman Program, which includes:
(A) prohibiting a representative of the
				  Office from:
(i) commenting or recommending
				  changes, as described in §
													88.302(a)(1)(F)
				  of this chapter (relating to Requirement to Ensure a Representative of the
				  Office Performs Functions of the Ombudsman Program);
(ii) submitting comments to the Office
				  regarding proposed legislation; or
(iii) responding to a question from a
				  legislator or the media regarding a problem that pertains to an LTC facility or
				  service, or to the health, safety, welfare, and rights of residents;
				  and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter E - REQUIREMENTS OF A HOST AGENCY › Section 88.409 - Noncompliance by a Host Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Office determines that a host
				  agency is not in compliance with this subchapter and the determination is not
				  based on onsite monitoring or a desk review, the Office sends the local
				  ombudsman entity and host agency a written notice describing the determination
				  of non-compliance.
(b) If a local
				  ombudsman entity or host agency receives a written notice described in
				  subsection (a) of this section, the host agency, within 14 days after the date
				  of the receipt of the notice, must submit a written plan of correction to the
				  Office that describes:
(1) the action that
				  will be taken to correct the noncompliance described in the notice;
				  and
(2) the date by which each
				  action will be completed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter F - REQUIREMENTS OF HHSC › Section 88.501 - HHSC Responsibilities Regarding Individual Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter F - REQUIREMENTS OF HHSC › Section 88.502 - HHSC Responsibilities Regarding Organizational Conflicts of Interest Between the Office and HHSC

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC takes
				  reasonable steps to avoid organizational conflicts of interest between the
				  Office and HHSC.
(b) HHSC requires
				  the State Ombudsman to complete HHSC form "Conflict of Interest Identification,
				  Removal, and Remedy," to identify an organizational conflict of interest
				  between the Office and HHSC and propose a remedy for an identified conflict of
				  interest:
(1) no later than 30 days after the
				  date the State Ombudsman assumes responsibilities;
(2) on or about January 15th of each year;
				  and
(3) if the State Ombudsman
				  identifies an organizational conflict of interest.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter G - GRIEVANCES › Section 88.601 - Grievances Regarding Performance of a Representative of the Office Who is an Employee, Independent Contractor, or Volunteer of a Host Agency, Including a Managing Local Ombudsman

Current through Reg. 49, No. 28; July 12, 2024
(a) A grievance regarding the performance of
				  functions of the Ombudsman Program by a representative of the Office, other
				  than a grievance about the managing local ombudsman, is addressed in accordance
				  with this subsection. A host agency must ensure that a local ombudsman entity
				  complies with this section.
(1) The local
				  ombudsman entity must:
(A) ensure that a
				  grievance may be submitted:
(i) in writing,
				  in person, or by telephone; and
(ii) anonymously;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter G - GRIEVANCES › Section 88.602 - Grievances Regarding the Performance of the State Ombudsman or a Representative of the Office Who is an Employee or Volunteer of HHSC

Current through Reg. 49, No. 28; July 12, 2024
(a) A grievance
				  regarding the performance of functions of the Ombudsman Program by the State
				  Ombudsman is addressed in accordance with this subsection.
(1) A grievance about the State Ombudsman
				  that is not related to fraud, waste, or abuse must be submitted to the Director
				  of the Office of the Ombudsman.
(2)
				  A grievance about the State Ombudsman related to fraud, waste, or abuse must be
				  submitted to the Office of the Inspector General.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Subchapter G - GRIEVANCES › Section 88.603 - Grievances Regarding Certification Decisions by the State Ombudsman

Current through Reg. 49, No. 28; July 12, 2024
If the State Ombudsman refuses, suspends, or terminates
					 certification of a representative of the Office, the person whose certification
					 was refused, suspended, or terminated may file a grievance to request that the
					 State Ombudsman reconsider the decision to refuse, suspend, or terminate
					 certification in accordance with this section.
(1) To request a grievance under this
				  section, the grievant must complete HHSC form "Grievance Regarding Ombudsman
				  Certification Decision" and submit the completed form to the Office within 30
				  days of a decision.
(2) If the
				  Office receives a completed form described in paragraph (1) of this section,
				  the State Ombudsman:
(A) reviews the
				  form;
(B) determines whether the
				  decision to refuse, suspend, or terminate certification is affirmed, modified,
				  or reversed;
(C) sends a response
				  to the grievant which includes a description of the State Ombudsman's
				  determination; and
(D) takes any
				  necessary action in accordance with the determination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to describe procedures for
				  hearings under the Administrative Procedure Act, Texas Government Code, Chapter
				  2001 (relating to Administrative Procedure).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context indicates otherwise.
(1) Administrative law judge (ALJ)--Unless
				otherwise specified, ALJ means both a SOAH ALJ and an HHSC ALJ.
(2) Commissioner--The Executive Commissioner
				of HHSC.
(3) Contested case--A
				contested case, as defined in Texas Government Code, §
									2001.003, to which
				HHSC is a party.
(4) HHSC--The
				Texas Health and Human Services Commission.
(5) Party--HHSC or another person named or
				admitted to participate in a contested case.
(6) PFD--Proposal for decision.
(7) SOAH--The State Office of Administrative
				Hearings.
(8) TAC--Texas
				Administrative Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.5 - Contested Case Heard by SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Office
				of Administrative Hearings (SOAH) hears a contested case arising from the
				following Texas Health and Human Services Commission (HHSC) programs, services,
				or activities:
(1) primary home care
				services;
(2) community attendant
				services;
(3) day activity and
				health services;
(4) the Community
				Living Assistance and Support Services Program;
(5) the Home and Community-based Services
				Program;
(6) the Texas Home Living
				Program;
(7) the Deaf-Blind
				Multiple Disabilities Program;
(8)
				the Medically Dependent Children Program;
(9) social services authorized by Title XX of
				the Social Security Act (42
				United States Code §§
											1397 -
				1397f);
(10) In-Home and Family Support services for
				a person without a diagnosis of an intellectual disability;
(11) the Program of All-Inclusive Care for
				the Elderly;
(12) licensure,
				certification, or contracting of a nursing facility, including a determination
				related to the Resource Utilization Group Classification System or other
				utilization review;
(13) hospice
				services;
(14) licensure or
				certification of an intermediate care facility for persons with an intellectual
				disability or related condition;
(15) licensure of a nursing facility
				administrator;
(16) licensure of an
				assisted living facility;
(17)
				licensure of a day activity and health services facility;
(18) licensure of a home and community
				support services agency;
(19) the
				nurse aide registry;
(20) the nurse
				aide training and competency evaluation program;
(21) the long-term care regulation and
				provider investigation employee misconduct registry; and
(22) the medication aide program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.7 - Contested Case Heard by HHSC

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
				and Human Services Commission (HHSC) Appeals Division hears a contested case
				other than one described in §
									110.5(a) of this
				chapter (relating to Contested Case Heard by SOAH).
(b) The HHSC Appeals Division conducts a
				hearing in accordance with Texas Administrative Code (TAC), Title 1, Chapter
				357, Subchapter I (relating to Hearings Under the Administrative Procedure Act)
				and this chapter.
(c) An HHSC
				administrative law judge (ALJ) schedules a hearing upon request for a hearing
				date by either party.
(d) An HHSC
				ALJ issues a final order in accordance with 1 TAC §
									357.498(relating to Final Orders
				and Rehearings).
(e) If a party
				files a request for a rehearing, the party must comply with 1 TAC §
									357.498.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.9 - Review of SOAH Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC)
				  Executive Commissioner, or the Executive Commissioner's designee, reviews the
				  proposal for decision (PFD), issued by a SOAH administrative law judge (ALJ).
				  The HHSC Executive Commissioner or the Executive Commissioner's designee may
				  submit exceptions to the PFD in accordance with 1 TAC §
									155.507.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.11 - Issuance and Finality of SOAH Decision

Current through Reg. 49, No. 28; July 12, 2024
After reviewing a proposal for decision (PFD), the Texas
				  Health and Human Services Commission (HHSC) Executive Commissioner or the
				  Executive Commissioner's designee issues a final order in accordance with 1 TAC
				  Chapter 357.