SECTION 88.105. Fiscal Management and Monitoring of a Local Ombudsman Entity

(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.

Source Note: The provisions of this §88.105 adopted to be effective April 5, 2018, 43 TexReg 2007