(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.

Source Note: The provisions of this §88.105 adopted to be effective April 5, 2018, 43 TexReg 2007; amended to be effective May 22, 2024, 49 TexReg 3566