SECTION 88.310. Prohibition of Interference and Retaliation by a Local Ombudsman Entity

A local ombudsman entity must not:

(1) willfully interfere with the State Ombudsman or a representative of the Office performing any of the functions of the Ombudsman Program;

(2) retaliate against the State Ombudsman or a representative of the Office:

(A) with respect to a resident, employee of an LTC facility, or other person filing a complaint with, providing information to, or otherwise cooperating with a representative of the Office; or

(B) for performance of the functions, responsibilities, or duties described in 45 CFR §1324.13 and §1324.19 and this chapter, including prohibiting a representative of the Office from commenting or recommending changes as described in §88.302(a)(1)(F) of this subchapter (relating to Requirement to Ensure a Representative of the Office Performs Functions of the Ombudsman Program); or

(3) have personnel policies or practices that prohibit a representative of the Office from performing the functions of the Ombudsman Program or from adhering to the requirements of the Older Americans Act, §712.

Source Note: The provisions of this §88.310 adopted to be effective April 5, 2018, 43 TexReg 2007