| (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) This subsection describes how the State Ombudsman
distributes funds to a host agency for the operation of the Ombudsman
Program in accordance with the Older Americans Act, §306(a)(9).
(1) A host agency is allocated a base amount of $3,000
from federal funds appropriated or otherwise available for the Ombudsman
Program. Additional federal funds are allocated as follows:
(A) for state fiscal year 2019:
(i) 55 percent of the additional funds is allocated
based on the licensed capacity of nursing facilities in the ombudsman
service area;
(ii) 20 percent of the additional funds is allocated
based on the number of assisted living facilities in the ombudsman
service area; and
(iii) 25 percent of the additional funds is allocated
based on the number of certified ombudsmen in the ombudsman service
area who actively performed functions of the Ombudsman Program during
the previous state fiscal year;
(B) for state fiscal year 2020:
(i) 65 percent of the additional funds is allocated
based on the licensed capacity of nursing facilities in the ombudsman
service area;
(ii) 10 percent of the additional funds is allocated
based on the number of assisted living facilities in the ombudsman
service area; and
(iii) 25 percent of the additional funds is allocated
based on the number of certified ombudsmen in the ombudsman service
area who actively performed functions of the Ombudsman Program during
the previous state fiscal year; and
(C) for state fiscal year 2021 and later:
(i) 75 percent of the additional funds is allocated
based on the licensed capacity of nursing facilities in the ombudsman
service area; and
(ii) 25 percent of the additional funds is allocated
based on the number of certified ombudsmen in the ombudsman service
area who actively performed functions of the Ombudsman Program during
the previous state fiscal year.
(2) A host agency is allocated funds from state general
revenue funds appropriated or otherwise available for the Ombudsman
Program based on the following factors:
(A) the number of assisted living facilities in the
ombudsman service area on or about July 1 of each year;
(B) the number of assisted living 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.
(c) The Office conducts an onsite visit or a desk review
to monitor:
(1) the performance of functions of the Ombudsman Program
by a representative of the Office;
(2) the compliance by a local ombudsman entity with
Subchapter D of this chapter (relating to Requirements of a Local
Ombudsman Entity); and
(3) the compliance by a host agency with Subchapter
E of this chapter (relating to Requirements of a Host Agency).
(d) The Office conducts at least one onsite visit every
three years. An onsite visit includes:
(1) observing and evaluating a visit of a managing
local ombudsman to an LTC facility; and
(2) reviewing information regarding a local ombudsman
entity’s compliance with subchapter D of this chapter, including
documentation regarding:
(A) the training of representatives of the Office;
(B) identification of individual conflicts of interest;
and
(C) expenditures for the Ombudsman Program, such as
timesheets and evidence supporting mileage reimbursement for representatives
of the Office.
(e) The Office:
(1) selects a date for an onsite visit in consultation
with the managing local ombudsman;
(2) notifies the host agency of a scheduled onsite
visit at least 30 days before the visit; and
(3) within 30 days after the Office completes an onsite
visit, provides to the local ombudsman entity and the host agency
a written report containing findings from the visit.
(f) The host agency must, within 30 days after receipt
of the written report described in subsection (e)(3) of this section,
submit a written plan of correction to the Office that describes:
(1) the action that will be taken to correct each finding;
and
(2) the date by which each action will be completed.
(g) Within 30 days after the date the Office receives
the plan of correction required by subsection (f) 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 local ombudsman entity 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.
(h) The Office may take one or both of the following
actions to determine if the local ombudsman entity has completed the
actions in accordance with an approved plan of correction or approved
modified plan of correction:
(1) request that the local ombudsman entity submit
evidence of correction to the Office; or
(2) visit the local ombudsman entity.
(i) The Office:
(1) may conduct a desk review at any time; and
(2) conducts at least one desk review every three months
to determine if a local ombudsman entity:
(A) is in compliance with §88.305(a)(3) and (c)(2)
of this chapter (relating to Complaints) and §88.307(a) of this
chapter (relating to Requirements Regarding LTC Visits and Submitting
Information to the Office); and
(B) is making progress toward meeting performance measure
projections required by §88.405(a) of this chapter (relating
to Meeting Performance Measure Projections).
(j) If the Office identifies an issue of non-compliance
or other concern from a desk review, the Office sends the local ombudsman
entity and host agency written results of the desk review within 30
days after the Office completes the desk review.
(k) 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 or
addressing an issue of non-compliance or other concern from a desk
review.
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