Section 88.310 - Prohibition of Interference and Retaliation by a Local Ombudsman EntityA 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, § 712.26 Tex. Admin. Code § 88.310
Adopted by Texas Register, Volume 43, Number 13, March 30, 2018, TexReg 2015, eff. 4/5/2018