| (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.
(2) The percentage of complaints that will be resolved
or partially resolved in a federal fiscal year.
(3) The number of visits to assisted living facilities
by certified ombudsmen that will occur during a federal fiscal year,
as required by the Ombudsman Policies and Procedures Manual.
(4) The number of visits to nursing facilities by certified
ombudsmen that will occur during a federal fiscal year, as required
by the Ombudsman Policies and Procedures Manual.
(5) Compliance with the complaint response requirements
described in §88.305(a)(3) and §88.305(c)(2) of this chapter
(relating to Complaints).
(6) Compliance with the requirement described in §88.307(b)
of this chapter (relating to Requirements Regarding LTC Facility Visits
and Submitting Information to the Office).
(7) Compliance with the minimum expenditure requirement
described in §88.406(a) of this subchapter (relating to Requirements
Regarding Expenditures for the Ombudsman Program).
(b) A host agency must work with the local ombudsman
entity to develop projections for the performance measures described
in subsection (a)(1) - (2) of this section for a federal fiscal year
and submit the projections to the Office by July 31st of each year
using the HHSC form "Ombudsman Performance Measure Projections." The
Office reviews a form submitted by the host agency and approves the
form or recommends modifications to the form. If the Office recommends
modifications to the form, the host agency must submit a revised form
to the Office for approval within a time period determined by the
Office.
(c) A host agency must ensure that a local ombudsman
entity, by the end of each federal fiscal year, meets the performance
measure projections approved by the Office as described in subsection
(b) of this section by:
(1) being within a variance of minus ten percent of
the projections; or
(2) exceeding the projections.
(d) A host agency must ensure that a local ombudsman
entity, by the end of each federal fiscal year, meets the performance
measures required by subsection (a)(3) - (6) of this section by:
(1) being within a variance of minus ten percent of
the measures; or
(2) exceeding the measures.
(e) A host agency must ensure that a local ombudsman
entity, by the end of each federal fiscal year, meets or exceeds the
performance measure required by subsection (a)(7) of this section.
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