Section 88.405 - Performance Measures(a) The performance measures of a local ombudsman entity are described in this subsection. (1) The number of certified ombudsmen who will, during a federal fiscal year: (A) conduct visits at LTC facilities; and(B) identify and investigate complaints.(2) The percentage of complaints that will be resolved or partially resolved in a federal fiscal year.(3) The number of visits to assisted living facilities by certified ombudsmen that will occur during a federal fiscal year, as required by the Ombudsman Policies and Procedures Manual.(4) The number of visits to nursing facilities by certified ombudsmen that will occur during a federal fiscal year, as required by the Ombudsman Policies and Procedures Manual.(5) Compliance with the complaint response requirements described in § 88.305(a)(3) and § 88.305(c)(2) of this chapter (relating to Complaints).(6) Compliance with the requirement described in § 88.307(b) of this chapter (relating to Requirements Regarding LTC Facility Visits and Submitting Information to the Office).(7) Compliance with the minimum expenditure requirement described in § 88.406(a) of this subchapter (relating to Requirements Regarding Expenditures for the Ombudsman Program).(b) A host agency must work with the local ombudsman entity to develop projections for the performance measures described in subsection (a)(1) - (2) of this section for a federal fiscal year and submit the projections to the Office by July 31st of each year using the HHSC form "Ombudsman Performance Measure Projections." The Office reviews a form submitted by the host agency and approves the form or recommends modifications to the form. If the Office recommends modifications to the form, the host agency must submit a revised form to the Office for approval within a time period determined by the Office.(c) A host agency must ensure that a local ombudsman entity, by the end of each federal fiscal year, meets the performance measure projections approved by the Office as described in subsection (b) of this section by:(1) being within a variance of minus ten percent of the projections; or(2) exceeding the projections.(d) A host agency must ensure that a local ombudsman entity, by the end of each federal fiscal year, meets the performance measures required by subsection (a)(3) - (6) of this section by: (1) being within a variance of minus ten percent of the measures; or(2) exceeding the measures.(e) A host agency must ensure that a local ombudsman entity, by the end of each federal fiscal year, meets or exceeds the performance measure required by subsection (a)(7) of this section.26 Tex. Admin. Code § 88.405
Adopted by Texas Register, Volume 43, Number 13, March 30, 2018, TexReg 2016, eff. 4/5/2018; Adopted by Texas Register, Volume 49, Number 20, May 17, 2024, TexReg 3579, eff. 5/22/2024