| (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.
(c) Within 14 days after the date the Office receives
the plan of correction required by subsection (b) of this section,
the Office notifies the local ombudsman entity and host agency of
whether the plan is approved or requires modification. If the Office
approves the plan, the host agency must complete the actions contained
in the plan of correction by the dates in the plan. If the Office
determines that the plan requires modification, the host agency must
submit a modified written plan of correction within a time period
determined by the Office for approval by the Office.
(d) To determine if the host agency has completed the
actions in accordance with an approved plan of correction or approved
modified plan of correction, the Office takes one or more of the following
actions:
(1) reviews information in the ombudsman database;
(2) requests that the host agency submit evidence of
correction to the Office; and
(3) visits the host agency or local ombudsman entity.
(e) If the Office determines that the host agency did
not complete an action in accordance with an approved plan of correction
or a modified plan of correction:
(1) the Office may allow the host agency additional
time to complete the action;
(2) HHSC may impose a Level Two sanction in accordance
with §213.5 of this title (relating to Compliance with Contractor
Responsibilities, Rewards and Sanctions);
(3) HHSC may impose a Level Three sanction in accordance
with §213.5 of this title; or
(4) the State Ombudsman may remove the designation
of the local ombudsman entity as described in §88.104(c)(2)(B)
of this chapter (relating to Designation of a Local Ombudsman Entity).
(f) If the Office allows a host agency additional time
to complete an action as described in subsection (e)(1) of this section
and the Office determines that the host agency did not complete the
action within the time allowed, HHSC may:
(1) impose a Level Two sanction in accordance with §213.5
of this title;
(2) impose a Level Three sanction in accordance with §213.5
of this title; or
(3) the State Ombudsman may remove the designation
of the local ombudsman entity as described in §88.104(c)(2)(B)
of this chapter.
(g) Upon request by a local ombudsman entity or host
agency, the Office provides technical assistance to a local ombudsman
entity or host agency regarding developing a plan of correction.
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