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There have been reports circulating in the media that there is a shortage of ombudsmen in Texas, especially in long-term care facilities. It is said, too, that these ombudsmen play vital roles in the lives of the people living in and receiving care at these facilities. However, what is less known is who these ombudsmen are and what they do. An ombudsman, according to Merriam-Webster is “a person who investigates, reports on, and helps settle complaints.” They typically act as an advocate for patients, consumers, the aging, the underserved, etc. and are the last line of defense for many people. In most cases, the ombudsman is an official who is appointed by a governmental entity and acts independently and not necessarily on behalf of the government. Ombudsmen work in various fields and industries, such as insurance, telecommunications, health care, and media. Here, in Texas, you’ll find the following ombudsman offices:
HHS Office of the Ombudsman - The HHS Ombudsman collects and analyzes “complaint data from programs across the HHS system and from foster children and youth in the care of the Department of Family and Protective Services.” The divisions that comprise the office are: the Ombudsman Complaint Services, Specialized Ombudsman Services, Ombudsman Managed Care Assistance Team, Foster Care Ombudsman, Ombudsman for Individuals with Intellectual or Developmental Disability, and Ombudsman for Behavioral Health. Across the various divisions, the subjects of the complaints ranged from stolen SNAP benefits, denial of benefits through the Medicare Savings Program, issues with access to prescription medication or home health services, and issues relating to restraint and seclusion.
Office of the Long-Term Care Ombudsman - Implemented by Texas Administrative Code § 88.101, the Office of the Long-Term Care Ombudsman acts on behalf of residents living in nursing homes or assisted living facilities and their family members by investigating and resolving complaints “that relate to action, inaction, or decisions that may adversely affect the health, safety, welfare, and rights of residents,” by advocating before governmental agencies, and pursuing “administrative, legal, and other remedies to protect residents.” The Office is an entity that is independent of the Texas Department of Health and Human Services.
Ombudsman for Attorney Discipline - Created by the Texas Legislature in Texas Government Code §§ 81.0881-81.0885, the Ombudsman answers questions from the public regarding the grievance system and receives and investigates complaints about the system. The Ombudsman “reports directly to the Supreme Court of Texas and is independent of the State Bar Board of Directors, the Commission for Lawyer Discipline, the Chief Disciplinary Counsel, and the Board of Disciplinary Appeals.” The Ombudsman must also maintain confidentiality. Although the role of an ombudsman is typically one of advocacy, this particular Ombudsman is prohibited from acting as an advocate or representing someone as an attorney.
Child Support Ombudsman - If someone has a complaint about the standard of services provided by the Child Support Division of the Office of the Attorney General or about an employee’s behavior, they can contact the Ombudsman for resolution.
Texas Department of Criminal Justice Office of the Independent Ombudsman - In accordance with Texas Government Code § 493.016, the Ombudsman is charged with handling complaints relating to the Texas Department of Criminal Justice (TDCJ). In addition to acting as a liaison between the TDCJ and the public, the Ombudsman informs the public about policies and procedures, answers inquiries about specific inmates, and aids in problem resolution.
Office of Injured Employee Counsel Ombudsman - As stated in its name, the Office of Injured Employee Counsel (OIEC) helps injured employees with workers’ compensation disputes. Although the OIEC is a state agency, it acts independently of the insurance department’s Division of Workers’ Compensation. Although the ombudsman cannot represent an injured employee, they can help communicate with the parties involved in the dispute, help gather necessary documentation, and explain the hearing process.