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 E - REQUIREMENTS OF A HOST AGENCY
Section 88.408 - Prohibition of Interference and Retaliation by a Host Agency
Universal Citation: 26 TX Admin Code ยง 88.408
Current through Reg. 49, No. 38; September 20, 2024
(a) A host agency must not:
(1) willfully interfere with the
State Ombudsman or a representative of the Office performing any of the
functions of the Ombudsman Program, which includes:
(A) prohibiting a representative of the
Office from:
(i) commenting or recommending
changes, as described in §
88.302(a)(1)(F)
of this chapter (relating to Requirement to Ensure a Representative of the
Office Performs Functions of the Ombudsman Program);
(ii) submitting comments to the Office
regarding proposed legislation; or
(iii) responding to a question from a
legislator or the media regarding a problem that pertains to an LTC facility or
service, or to the health, safety, welfare, and rights of residents;
and
(B) requiring a
representative of the Office to obtain approval from the host agency before
submitting testimony at a legislative hearing;
(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; 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.
(b) A host agency must ensure that a governmental entity or nonprofit organization contracting with a host agency, as described in § 88.2(20)(B) of this chapter (relating to Definitions), complies with subsection (a) of this section as if the entity or organization is a host agency.
(c) A host agency may require a representative of the Office to notify the host agency of:
(1) comments or recommendations made in
accordance with §
88.302(a)(1)(F)
of this chapter; and
(2) subject to
disclosure requirements in §
88.304 of this chapter (relating
to Disclosure of Confidential Information; Exclusion from Reporting
Requirements Regarding Abuse, Neglect, or Exploitation; and Provision of
Records to the Office):
(A) information being
sent to a legislator or the media regarding a problem or concern about a
resident or a recommendation related to the problem or concern, as described in
§
88.302(a)(2)(A)(ii)
of this chapter; and
(B) a response
to a request for information from a legislator or the media, as described in
§
88.302(a)(2)(C)
of this chapter.
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