| (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 §88.309 of this chapter (relating to
Grievances Regarding Performance of a Representative of the Office
or Certification Decisions by the State Ombudsman);
(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).
(c) For purposes of determining if a representative
of the Office has an individual conflict of interest in accordance
with this section, the state of Texas is the ombudsman service area.
(d) The State Ombudsman:
(1) requires an applicant for a position within the
Office 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;
(2) requires a representative of the Office employed
by HHSC to complete HHSC form "Individual Conflict of Interest Screening
of a Representative of the Office" at least once a year and if the
representative of the Office identifies an individual conflict of
interest; and
(3) reviews a form required by paragraphs (1) and (2)
of this subsection to determine if an identified conflict of interest
can be removed or remedied.
(e) The Office makes decisions independent of HHSC,
including decisions about:
(1) the disclosure of confidential information maintained
by the Ombudsman Program;
(2) recommendations to changes in federal, state, and
local laws, rules, regulations, and other governmental policies and
actions that relate to the health, safety, welfare, and rights of
residents; and
(3) the provision of information to public and private
agencies, legislators, the media, and other persons regarding problems
and concerns about residents and recommendations related to the problems
and concerns.
(f) In accordance with the Older Americans Act, §712(a)(3)
and 45 CFR §1324.11(e)(5) and §1324.13(a)(7) - (9), the
Office is responsible for:
(1) analyzing, commenting on, and monitoring the development
and implementation of federal, state, and local laws, regulations,
and other governmental policies and actions that pertain to LTC facilities
and services and to the health, safety, welfare, and rights of residents;
(2) recommending any changes in such laws, rules, regulations,
policies, and actions as the Office determines to be appropriate;
(3) providing information to public and private agencies,
legislators, the media, and other persons regarding problems and concerns
about residents and providing recommendations related to the problems
and concerns;
(4) overseeing activities described in paragraphs (1)
- (3) of this subsection, including coordination of such activities
carried out by representatives of the Office, as described in §88.302(a)(2)(A)
of this chapter (relating to Requirement to Ensure a Representative
of the Office Performs Functions of the Ombudsman Program);
(5) coordinating with and promoting the development
of citizen organizations that have a purpose consistent with the interests
of residents;
(6) promoting and providing technical support for the
development of resident and family councils; and
(7) providing ongoing support as requested by resident
and family councils to protect the well-being and rights of residents.
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