(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.

Source Note: The provisions of this §88.405 adopted to be effective May 22, 2024, 49 TexReg 3566