| (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.
(b) The State Ombudsman distributes funds through the
HHSC Office of the Area Agencies on Aging to a host agency for the
operation of the Ombudsman Program in accordance with the Older Americans
Act, §712(a)(2). Annually, a host agency is allocated:
(1) a base amount of $3,000 from federal funds appropriated
or otherwise available for the Ombudsman Program;
(2) additional federal funds:
(A) 75 percent of which is based on the licensed capacity
of nursing facilities in the ombudsman service area; and
(B) 25 percent of which is based on the number of certified
ombudsmen in the ombudsman service area who actively performed functions
of the Ombudsman Program during the previous federal fiscal year;
and
(3) state general revenue funds for the performance
of Ombudsman Program functions based on the following factors:
(A) the number of assisted living facilities and nursing
facilities in the ombudsman service area on or about July 1 of each
year;
(B) the number of assisted living facilities and nursing
facilities in the ombudsman service area located in a rural area,
as determined by the State Ombudsman, on or about July 1 of each year;
and
(C) the type and licensed capacity of assisted living
facilities in the ombudsman service area on or about July 1 of each
year.
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