Texas Administrative Code

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise. (1) Business day--Any day except a Saturday, Sunday, or legal holiday listed in Texas Government Code, §662.021. (2) Certified ombudsman--A staff …

(a) Registration term and renewal. An initial registration is effective from the date of its issuance until January 31. A registration must be renewed annually to remain effective. After renewal, a registration is effective for a term of one year, from February 1 of a calendar ye…

(a) The State Ombudsman and a representative of the Office have: (1) immediate, private, and unimpeded access to enter an LTC facility, in accordance with the Older Americans Act, §712(b)(1)(A) and 45 CFR §1324.11(e)(2)(i): (A) at any time during a facility's regular business hou…

(a) General requirement. Each authorized debt management services provider must file an annual report under this section and must comply with all instructions from the OCCC relating to submitting the report. (b) Annual report. Each year, at the time of annual renewal, an authoriz…

A certified ombudsman must, at the request of an LTC facility, provide a completed HHSC form "Acknowledgement of Ombudsman Access to Confidential Record" to the facility at the time the certified ombudsman is requesting access to a confidential record concerning a resident from t…

(a) For a person to be certified as a staff ombudsman, other than a managing local ombudsman, in accordance with §88.102 of this chapter (relating to Certification of an Ombudsman), the local ombudsman entity must recommend to the Office that the person be certified, using HHSC f…

(a) Generally. A provider must maintain records required by Texas Finance Code, §394.205 by using either a paper or manual recordkeeping system, electronic recordkeeping system, or optically imaged recordkeeping system unless otherwise specified by statute or regulation. All requ…

(a) A local ombudsman entity must ensure that: (1) a certified ombudsman performs the functions described in the Older Americans Act, §712(a)(3) and (5) and 45 CFR §1324.19(a), including: (A) identifying, investigating, and resolving complaints, made by or on behalf of residents,…

(a) A local ombudsman entity must ensure that HHSC form "Individual Conflict of Interest Screening of a Representative of the Office" is completed by: (1) an applicant for a volunteer ombudsman position before performing functions of the Ombudsman Program; and (2) a certified omb…

(a) Information identifying a resident or complainant is confidential. Such information includes: (1) the name of the resident or complainant; (2) information about the resident's medical condition; (3) the resident's medical history; (4) the resident's social history, which incl…

(a) For purposes of Texas Finance Code, §394.202(2) and §394.208(a)(2), a provider must be accredited by an independent, third-party accreditation organization that covers, at a minimum, competency in the following core areas: (1) service environment and planning; (2) service acc…

It is not a prohibited practice for a provider to, as an incidental consequence of managing the trust account and debt obligations, pay an obligation for a consumer that the consumer does not have a sufficient deposit to cover, when no fee is associated with the payment. A paymen…

(a) A local ombudsman entity must: (1) ensure that a person is allowed to make a complaint as follows: (A) in writing, including by email; (B) in person; and (C) by telephone; (2) initiate a complaint if the local ombudsman entity becomes aware of circumstances that may adversely…

A local ombudsman entity must comply with: (1) the Ombudsman Policies and Procedures Manual available on the HHSC website; (2) the Ombudsman Program Protocols available on the HHSC website; and (3) the Ombudsman Certification Training Manual available on the HHSC website.

(a) Limitation on fees. The maximum fees for debt management services are described by Texas Finance Code, §394.210. A provider may not impose a fee or other charge, or receive payment from a consumer or other person on behalf of a consumer, except as allowed under Texas Finance …

(a) A local ombudsman entity must ensure each LTC facility in the ombudsman service area is visited by a certified ombudsman in accordance with the Ombudsman Policies and Procedures Manual during each federal fiscal year to: (1) monitor residents' health, safety, welfare, and rig…

(a) Required counseling for consumers who enter into debt management services agreements. In conjunction with entering into a debt management services agreement with a consumer, the provider's credit counselors must provide education to the consumer regarding budget analysis and …

(a) The local ombudsman entity must obtain approval by the Office of materials to be distributed to persons other than representatives of the Office, before the materials are distributed. (b) If a local ombudsman entity uses a logo on printed materials created by the local ombuds…

A 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 resid…

(a) In accordance with 45 CFR §1324.11(e)(1)(iv), a host agency must coordinate with the Office about the hiring and termination of a staff ombudsman. (b) Before a person is hired to serve as a staff ombudsman, including the hiring or promotion of a person to serve as a managing …

(a) In accordance with 45 CFR §1324.17(a), a host agency is responsible for the personnel management, but not the programmatic oversight, of a representative of the Office who works for the host agency. Personnel management includes: (1) hiring and terminating a staff ombudsman a…

(a) If a host agency, or a governmental entity or nonprofit organization contracting with a host agency, as described in §88.2(20)(B) of this chapter (relating to Definitions), has an organizational conflict of interest, the host agency must, within 30 days after identifying the …

(a) In accordance with the Older Americans Act, §712(d)(2)(A) and 45 CFR §1324.13(e)(1), the State Ombudsman has the sole authority to make determinations concerning the disclosure of confidential information, as described in §88.304(a) of this chapter (relating to Disclosure of …

(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 compla…

(a) A host agency must, for the Ombudsman Program implemented by a local ombudsman entity, expend for a federal fiscal year at least the amount of federal funds expended as required by the Older Americans Act, §306(a)(9). In determining the amount of funds expended, the host agen…

(a) The Office sends a host agency an Ombudsman Staffing Plan form on or about July 31st of each year. (b) A host agency must complete and submit the Ombudsman Staffing Plan form sent to the host agency by the Office as specified in the form. (c) The Office reviews a completed Om…

(a) A host agency must not: (1) willfully interfere with the State Ombudsman or a representative of the Office performing any of the functions of the Ombudsman Program, which includes: (A) prohibiting a representative of the Office from: (i) commenting or recommending changes, as…

(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-com…

(a) For purposes of determining if the State Ombudsman or a representative of the Office has an individual conflict of interest, the state of Texas is the ombudsman service area. (b) HHSC requires an applicant for the position of State Ombudsman to complete HHSC form "Individual …

(a) HHSC takes reasonable steps to avoid organizational conflicts of interest between the Office and HHSC. (b) HHSC requires the State Ombudsman to complete HHSC form "Conflict of Interest Identification, Removal, and Remedy," to identify an organizational conflict of interest be…

(a) A grievance regarding the performance of functions of the Ombudsman Program by a representative of the Office, other than a grievance about the managing local ombudsman, is addressed in accordance with this subsection. A host agency must ensure that a local ombudsman entity c…

(a) A grievance regarding the performance of functions of the Ombudsman Program by the State Ombudsman is addressed in accordance with this subsection. (1) A grievance about the State Ombudsman that is not related to fraud, waste, or abuse must be submitted to the Director of the…

If the State Ombudsman refuses, suspends, or terminates certification of a representative of the Office, the person whose certification was refused, suspended, or terminated may file a grievance to request that the State Ombudsman reconsider the decision to refuse, suspend, or te…

School districts shall develop written policies on student identification that are approved by the local board of trustees and disseminated to parents. The policies must: (1) include provisions for ongoing screening and selection of students who perform or show potential for perf…

(a) Purpose. The purpose of this chapter is to assist in the administration and enforcement of Texas Finance Code, Chapter 351, Property Tax Lenders, known as the "Property Tax Lender License Act" (Acts 2007, 80th Leg., ch. 1220). (b) Scope. This chapter applies to all persons en…

Words and terms used in this chapter that are defined in Texas Finance Code, Chapter 351 have the same meanings as defined in Chapter 351. The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise. (…

(a) Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation pursuant to § 89.1070(b)(1) of this title (re…

(a) Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to § 89.1011 of this title (relating to Full Indivi…

(a) Requirement to implement. In addition to the requirements of 34 Code of Federal Regulations (CFR), §300.324(a)(2)(i), school districts and charter schools must implement the provisions of this section regarding the use of restraint and time-out. In accordance with the provisi…

(a) The individualized education program (IEP) developed by the admission, review, and dismissal (ARD) committee for each student with a disability must comply with the requirements of 34 Code of Federal Regulations (CFR), §300.320 and §300.324, and include all applicable informa…

(a) Graduation under subsection (b)(1) of this section or reaching maximum age eligibility described by § 89.1035 of this title (relating to Age Ranges for Student Eligibility) terminates a student's eligibility for special education services under this subchapter and Part B of t…

In accordance with Texas Education Code, §§ 30.081 - 30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education. Any student who is deaf or hard of hear…

(a) Except as specifically provided in this section, in accordance with 34 Code of Federal Regulations (CFR), §300.137, no eligible student who has been placed by his or her parent(s) in a private school or facility has an individual right to receive some or all of the special ed…

(a) It is the policy and intent of the Texas Education Agency (TEA) to encourage and support the resolution of any dispute that arises between a parent and a public education agency relating to the identification, evaluation, or educational placement of or the provision of a free…

(a) A party to a due process hearing may represent himself or herself or be represented by: (1) an attorney who is licensed in the State of Texas; or (2) an individual who is not an attorney licensed in the State of Texas but who has special knowledge or training with respect to …

(a) In accordance with 34 Code of Federal Regulations (CFR), §300.151, the Texas Education Agency (TEA) has established a complaint resolution process that provides for the investigation and issuance of findings regarding alleged violations of Part B of the Individuals with Disab…