| (a) A local ombudsman entity must ensure that:
(1) a certified ombudsman performs the functions described
in the Older Americans Act, §712(a)(3) and (5) and 45 CFR §1324.19(a),
including:
(A) identifying, investigating, and resolving complaints,
made by or on behalf of residents, that relate to action, inaction,
or decisions that may adversely affect the health, safety, welfare,
or rights of residents;
(B) providing services to protect the health safety,
welfare, and rights of residents;
(C) providing residents with information about the
Ombudsman Program;
(D) making regular visits to residents in LTC facilities,
as well as promptly responding to requests received by telephone,
mail, and electronic means;
(E) representing the interests of residents before
governmental agencies, and pursuing administrative, legal, and other
remedies to protect residents;
(F) analyzing, commenting on, making recommendations,
and monitoring the development and implementation of laws, rules,
regulations, and other policies and actions that pertain to the health,
safety, welfare, and rights of residents, with respect to the adequacy
of LTC facilities and services; and
(G) coordinating with and promoting the development
of citizen organizations, including resident and family councils;
(2) a representative of the Office:
(A) consults with and obtains approval from the Office
before:
(i) commenting on or recommending changes to a public
official or governmental entity regarding the development and implementation
of laws, rules, regulations, and other policies and actions that pertain
to the health, safety, welfare, and rights of residents, with respect
to the adequacy of LTC facilities and services; or
(ii) providing information to a legislator or the media
regarding a problem or concern about a resident or a recommendation
related to the problem or concern;
(B) when providing comments or recommended changes
to a public official or governmental entity or information to a legislator
or the media as described in subparagraph (A)(i) or (ii) of this paragraph,
must include a statement that the comments, recommended changes, or
information is made as a representative of the Office and does not
represent the position or views of the host agency with whom the representative
is affiliated;
(C) promptly responds to a request from the Office
regarding a request for information from a legislator or the media;
and
(D) complies with the following:
(i) the Ombudsman Policies and Procedures Manual available
on the HHSC website;
(ii) the Ombudsman Program Protocols available on the
HHSC website; and
(iii) the Ombudsman Certification Training Manual available
on the HHSC website;
(3) a staff ombudsman:
(A) completes continuing education provided by the
Office as required by §88.102(e)(1)(B) of this chapter (relating
to Certification of an Ombudsman); and
(B) is evaluated annually to determine if the staff
ombudsman demonstrates compliance with the Ombudsman Certification
Training Manual and the Ombudsman Policies and Procedures Manual;
and
(4) a volunteer ombudsman:
(A) completes continuing education provided by the
local ombudsman entity in accordance with the Ombudsman Policies and
Procedures Manual; and
(B) is evaluated annually to determine if the volunteer
ombudsman demonstrates compliance with the Ombudsman Certification
Training Manual and the Ombudsman Policies and Procedures Manual.
(b) In accordance with 45 CFR §1324.11(e)(5)(i),
Texas Government Code §556.006 and Texas Local Government Code §391.0116,
which prohibit lobbying and other advocacy activities by employees
of the state, a council of governments, or regional planning commission,
do not apply to a certified ombudsman performing the functions described
in subsection (a)(1)(F) of this section.
(c) If a local ombudsman entity determines that a certified
ombudsman is not demonstrating compliance with the Ombudsman Certification
Training Manual or the Ombudsman Policies and Procedures Manual or
identifies a concern with a certified ombudsman’s performance,
the local ombudsman entity:
(1) must address the performance concern or resolve
the failure to demonstrate compliance; and
(2) may request technical assistance from the Office
in complying with paragraph (1) of this subsection.
(d) A local ombudsman entity may recommend to the State
Ombudsman that a certified ombudsman’s certification be suspended
or terminated.
|
