Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM
Subchapter B - ESTABLISHMENT OF THE OFFICE
Section 88.105 - Fiscal Management of a Local Ombudsman Entity
Universal Citation: 26 TX Admin Code ยง 88.105
Current through Reg. 49, No. 38; September 20, 2024
(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) The State Ombudsman distributes funds through the HHSC Office of the Area Agencies on Aging to a host agency for the operation of the Ombudsman Program in accordance with the Older Americans Act, §712(a)(2). Annually, a host agency is allocated:
(1) a base amount of
$3,000 from federal funds appropriated or otherwise available for the Ombudsman
Program;
(2) additional federal
funds:
(A) 75 percent of which is based on the
licensed capacity of nursing facilities in the ombudsman service area;
and
(B) 25 percent of which is
based on the number of certified ombudsmen in the ombudsman service area who
actively performed functions of the Ombudsman Program during the previous
federal fiscal year; and
(3) state general revenue funds for the
performance of Ombudsman Program functions based on the following factors:
(A) the number of assisted living facilities
and nursing facilities in the ombudsman service area on or about July 1 of each
year;
(B) the number of assisted
living facilities and nursing 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.
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