(a) If the Office determines that a host agency is not in compliance with this subchapter and the determination is not based on onsite monitoring or a desk review, the Office sends the local ombudsman entity and host agency a written notice describing the determination of non-compliance.
(b) If a local ombudsman entity or host agency receives a written notice described in subsection (a) of this section, the host agency, within 14 days after the date of the receipt of the notice, must submit a written plan of correction to the Office that describes:
  (1) the action that will be taken to correct the noncompliance described in the notice; and
  (2) the date by which each action will be completed.
(c) Within 14 days after the date the Office receives the plan of correction required by subsection (b) of this section, the Office notifies the local ombudsman entity and host agency of whether the plan is approved or requires modification. If the Office approves the plan, the host agency must complete the actions contained in the plan of correction by the dates in the plan. If the Office determines that the plan requires modification, the host agency must submit a modified written plan of correction within a time period determined by the Office for approval by the Office.
(d) To determine if the host agency has completed the actions in accordance with an approved plan of correction or approved modified plan of correction, the Office takes one or more of the following actions:
  (1) reviews information in the ombudsman database;
  (2) requests that the host agency submit evidence of correction to the Office; and
  (3) visits the host agency or local ombudsman entity.
(e) If the Office determines that the host agency did not complete an action in accordance with an approved plan of correction or a modified plan of correction:
  (1) the Office may allow the host agency additional time to complete the action;
  (2) HHSC may impose a Level Two sanction in accordance with §213.5 of this title (relating to Compliance with Contractor Responsibilities, Rewards and Sanctions);
  (3) HHSC may impose a Level Three sanction in accordance with §213.5 of this title; or
  (4) the State Ombudsman may remove the designation of the local ombudsman entity as described in §88.104(c)(2)(B) of this chapter (relating to Designation of a Local Ombudsman Entity).
(f) If the Office allows a host agency additional time to complete an action as described in subsection (e)(1) of this section and the Office determines that the host agency did not complete the action within the time allowed, HHSC may:
  (1) impose a Level Two sanction in accordance with §213.5 of this title;
  (2) impose a Level Three sanction in accordance with §213.5 of this title; or
  (3) the State Ombudsman may remove the designation of the local ombudsman entity as described in §88.104(c)(2)(B) of this chapter.
(g) Upon request by a local ombudsman entity or host agency, the Office provides technical assistance to a local ombudsman entity or host agency regarding developing a plan of correction.

Source Note: The provisions of this §88.409 adopted to be effective May 22, 2024, 49 TexReg 3566