1. (a) A grievance regarding the performance of functions of the Ombudsman Program by the State Ombudsman is addressed in accordance with this subsection.

   1. (1) A grievance about the State Ombudsman that is not related to fraud, waste, or abuse must be submitted to the Director of the Office of the Ombudsman.
   2. (2) A grievance about the State Ombudsman related to fraud, waste, or abuse must be submitted to the Office of the Inspector General.

2. (b) A grievance regarding the performance of functions of the Ombudsman Program by a representative of the Office who is an employee or volunteer of HHSC is addressed in accordance with this subsection.

   1. (1) The State Ombudsman:

      1. (A) ensures that a grievance may be submitted:

         1. (i) in writing, in person, or by telephone; and
         2. (ii) anonymously;
      2. (B) requests, but does not require disclosure of, the name and contact information of a grievant;
      3. (C) documents the nature of the grievance in detail;
      4. (D) documents the name of persons contacted during the investigation; and

      5. (E) within 30 days after receiving the grievance:

         1. (i) notifies the representative of the Office who is the subject of the grievance that a grievance was submitted;
         2. (ii) investigates the grievance; and
         3. (iii) develops and submits a response to the grievant, including actions to be taken, if any.
   2. (2) The State Ombudsman submits a grievance about a representative of the Office who is an employee or volunteer of HHSC related to fraud, waste, or abuse to the Office of the Inspector General.

Source Note:The provisions of this §88.602 adopted to be effective May 22, 2024, 49 TexReg 3566.