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 88.101 - Responsibilities of the State Ombudsman and the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office is
				  headed by the State Ombudsman.
(b)
				  The State Ombudsman, directly or through a designee:
(1) may designate a local ombudsman entity to
				  perform the functions of the Ombudsman Program in an ombudsman service
				  area;
(2) certifies ombudsmen as
				  described in §
											88.102 of this subchapter
				  (relating to Certification of an Ombudsman), and refuses, suspends, and
				  terminates certification, as described in §
											88.103 of this subchapter
				  (relating to Refusal, Suspension, and Termination of Certification of an
				  Ombudsman);
(3) designates local
				  ombudsman entities, and refuses, suspends, or terminates designation in
				  accordance with §
											88.104 of this subchapter
				  (relating to Designation of a Local Ombudsman Entity);
(4) approves the allocation of federal and
				  state funds provided to a host agency for the local ombudsman entity and
				  determines that program budgets and expenditures of the Office, host agency,
				  and local ombudsman entities are consistent with laws, rules, policies, and
				  procedures governing the Ombudsman Program;
(5) is responsible for the programmatic
				  oversight of a representative of the Office, which includes:
(A) screening a representative of the Office
				  who is employed by HHSC for individual conflicts of interest as described in
				  subsection (d) of this section;
(B)
				  screening a host agency for organizational conflicts of interest, as described
				  in §
												88.403 of this chapter (relating
				  to Conflicts of Interest Regarding a Host Agency) at least once a
				  year;
(C) directing a
				  representative of the Office to investigate a complaint or take other action
				  related to a complaint; and
(D)
				  providing advice and consultation to a representative of the Office in the
				  performance of functions of the Ombudsman Program;
(6) identifies, investigates, and resolves
				  complaints, made by or on behalf of residents, that relate to action, inaction,
				  or decisions that may adversely affect the health, safety, welfare, and rights
				  of residents;
(7) represents the
				  interests of residents before governmental agencies and pursues administrative,
				  legal, and other remedies to protect residents;
(8) provides administrative and technical
				  assistance to representatives of the Office, local ombudsman entities, and host
				  agencies regarding performance of the functions of the Ombudsman
				  Program;
(9) consults with host
				  agencies and representatives of the Office in the establishment of Ombudsman
				  Program policies and procedures;
(10) monitors the performance of local
				  ombudsman entities, including providing information to a host agency regarding
				  the performance of a staff ombudsman;
(11) investigates grievances made against a
				  representative of the Office regarding the performance of the functions of the
				  Ombudsman Program, as described in Subchapter G of this chapter (relating to
				  Grievances);
(12) coordinates with
				  a local ombudsman entity and, if appropriate, a host agency about concerns the
				  State Ombudsman has regarding a representative of the Office, as described in
				  §
											88.103(e) of this
				  subchapter (relating to Refusal, Suspension, and Termination of Certification
				  of an Ombudsman); and
(13)
				  publishes an annual report in accordance with 45 CFR
				  §1324.13(g).