SECTION 88.309. Grievances Regarding Performance of a Representative of the Office or Certification Decisions by the State Ombudsman

(a) A grievance regarding the performance of functions of the Ombudsman Program by a representative of the Office, other than a grievance about the managing local ombudsman, is addressed in accordance with this subsection.

(1) The local ombudsman entity must:

(A) ensure that a grievance may be submitted:

(i) in writing, in person, or by telephone; and

(ii) anonymously;

(B) request, but not require disclosure of, the name and contact information of a grievant;

(C) document the nature of the grievance in detail;

(D) document the name of the person who conducted the investigation required by subparagraph (F)(ii) of this paragraph;

(E) document the name of persons contacted during the investigation; and

(F) within 30 days after receiving the grievance:

(i) notify the representative of the Office who is the subject of the grievance that a grievance was submitted;

(ii) investigate the grievance;

(iii) develop a proposed response to the grievant, including actions to be taken, if any; and

(iv) submit the following information to the Office:

(I) the information described in subparagraphs (C) - (E) of this paragraph;

(II) a description of the activities conducted during the investigation; and

(III) the proposed response to the grievant as required by clause (iii) of this subparagraph.

(2) If the Office receives the information regarding a grievance described in paragraph (1)(F)(iv) of this subsection, the State Ombudsman:

(A) reviews the information; and

(B) approves or modifies the proposed response to the grievant developed by the local ombudsman entity.

(3) The local ombudsman entity must send a response to the grievant as approved or modified by the State Ombudsman.

(b) A grievance regarding the performance of functions of the Ombudsman Program by a managing local ombudsman is addressed in accordance with this subsection.

(1) A grievance about the managing local ombudsman must be submitted to the Office.

(2) If the Office receives a grievance about a managing local ombudsman, the Office:

(A) investigates the grievance, including interviewing employees of the host agency;

(B) informs the host agency of the actions to be taken, if any; and

(C) sends a response to the grievant.

(c) A person may file a grievance regarding the refusal, suspension, or termination of certification of a representative of the Office by the State Ombudsman in accordance with this subsection.

(1) The grievant must complete HHSC form "Grievance Regarding Ombudsman Certification Decision" and submit the completed form to the Office.

(2) If the Office receives a completed form described in paragraph (1) of this subsection, the State Ombudsman reviews the form, takes any necessary action, and sends a response to the grievant.

(3) The grievant may request a reconsideration of the State Ombudsman’s decision. To request a reconsideration, the grievant must, within 10 days after receiving the decision, submit the following to the State Ombudsman:

(A) a written request for reconsideration; and

(B) any additional information supporting the request.

Source Note: The provisions of this §88.309 adopted to be effective April 5, 2018, 43 TexReg 2007