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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