Responsibilities of the Assistant Independent Ombudsman
Mar 27, 2015
Responsibilities of the Assistant Independent Ombudsman
An Assistant Independent Ombudsman (AIO) offices at each center
We Are Not Rights Officers
We examine and evaluate systemic issues
We monitor programming and operations
We investigate any issue which is brought to us
We initiate investigations
We protect the identity of anyone who wishes to remain anonymous
We keep our records confidential and privileged
We access records, data, experts or other information necessary for our investigations
We communicate with state officials directly
Investigate
Conduct investigations of complaints, other than
complaints alleging criminal offenses or the abuse,
neglect or exploitation of a resident or client, if the
office determines that:
A resident or client or family member may be in need of
assistance from the office
Raises the possibility of a systemic issue in the center’s
provision of service
Make Referrals Immediately refer a complaint alleging the abuse, neglect,
or exploitation of a resident or client to the Department of Family and Protective Services.
Refer a complaint alleging employee misconduct that does not involve abuse, neglect or exploitation or a possible violation of the ICF-MR standard or condition of participation to the regulatory services division of the department.
Refer a complaint alleging a criminal offense, other than allegations of abuse, neglect or exploitation of a resident or client, to the Office of the Inspector General.
Make appropriate referrals under any of the duties and powers listed in this subsection.
Incident Review
Review all final reports produced by DFPS, the
regulatory services division of the department and the
Inspector General regarding complaints referred by
the Independent Ombudsman or assistant
ombudsmen.
Review each final abuse, neglect, or exploitation
investigation report that the SSLC receives from DFPS
and denote by signature the review of each report.
Incident Review, continued
Monitor and evaluate the department’s actions relating to any
problem identified or recommendation included in reports received
from DFPS relating to an investigation of alleged abuse, neglect or
exploitation.
Review, as the Independent Ombudsman’s Office or assistant
ombudsmen’s office determines appropriate, each incident report
initiated at the SSLC, and each administrative, clinical, or rights
issue referred to the SSLC by DFPS.
Evaluates the process by which a center investigates, reviews and
reports an injury to a resident or client or an unusual incident.
Program Review
Evaluates the delivery of services to residents and clients to ensure
the rights of residents and clients are observed, including ensuring
that each center conducts sufficient unannounced patrols.
The Ombudsman will conduct biennial on-site audits at each center of:
Ratios of direct care employees to individuals served
Provisions and adequacy of training center employees, direct care employees and specialized training
The Ombudsman will conduct an annual audit of each center’s
policies, practices, and procedures to ensure that each resident is
encouraged to exercise his or her rights.
Advocacy & Mediation
Provide assistance to those the ombudsman determines
in need of assistance, including advocating with an
agency, provider, or other person in the best interest of
the resident.
The independent ombudsman may apprise a person
who is interested in a resident’s or client’s welfare of
the rights of the resident or client.
References
Texas Health and Safety Code ,Title 7, Chapter 555
Memorandum of Understanding regarding Investigations of Abuse and Neglect in State Supported Living Centers between the Health and Human Services Commission, the Department of Aging and Disability Services, the Department of State Health Services, the Department of Family and Protective Services, the Office of the Independent Ombudsman for State Supported
Living Centers, and the Office of the Inspector General HHSC.
AIO Training (as of March 1, 2012)
New Employee Orientation at SSLC Peer visits and coaching Biannual All-Staff training on various topics
DADS Internal Audit DFPS Adult Protective Services: Operations DADS Regulatory: Complaint investigations DADS Consumer Rights and Services HHSC Civil Rights Office DADS SSLC Human Rights HHSC Office of the Ombudsman HHSC IT Development and Support
On-going training and development of OIO policy and procedures
AIO Training, continued (as of March 1, 2012)
Conferences and Symposiums Annual American Association on IDD Conference Annual Texas Advocates Conference (sponsored by Arc of Texas) Annual Adult Protective Services Conference Texas Culture Change Coalition Symposium Intermediate Care Facility Conference (sponsored by DADS
Regulatory) Consumer Rights Conference (sponsored by DADS and DSHS)
Workshops and Training courses Positive Behavior Support (2-day workshop) Basic Mediation (40-hour course) Serious Incident Investigations: Level I Certification (3-day course)
Contact Info
Toll free: 1-877-323-6466Website: dads.state.tx.us/sslcombudsman
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