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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Health and Human Services |
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Commission's office of the ombudsman to resolve complaints against |
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the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 40.0041(a), (b), (c), (d), (e), and |
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(f), Human Resources Code, are amended to read as follows: |
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(a) The executive commissioner by rule shall develop and |
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implement a uniform process for the commission's office of the |
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ombudsman to receive [receiving] and resolve [resolving] |
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complaints against the department throughout the state. The |
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process shall include: |
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(1) statewide procedures through which the public, |
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consumers, and service recipients are informed: |
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(A) of the right to make a complaint against the |
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department, including the mailing addresses and telephone numbers |
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of appropriate [department] personnel within the office of the |
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ombudsman responsible for receiving complaints and providing |
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related assistance; and |
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(B) of the [department's] procedures of the |
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office of the ombudsman for resolving a complaint, including the |
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right to appeal a decision made at the local level by department |
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personnel; |
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(2) development and statewide distribution of a form |
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or telephone system that may be used to make a complaint; |
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(3) a requirement that the office of the ombudsman |
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[department] provide information by mail or telephone regarding the |
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[department's] procedures of the office of the ombudsman for |
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investigating and resolving a complaint to each person who makes a |
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complaint; and |
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(4) a requirement that the office of the ombudsman |
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[department] provide status information at least quarterly to a |
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person with a pending complaint against the department, unless the |
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information would jeopardize an undercover investigation. |
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(b) In addition to other appropriate methods, the |
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commission and the department may provide the information specified |
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by Subsection (a)(1): |
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(1) on each registration form, application, or written |
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contract for services of a person regulated by the commission |
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[department]; |
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(2) on a sign prominently displayed in the place of |
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business of each person regulated by the commission [department]; |
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or |
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(3) in a bill for service provided by a person |
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regulated by the commission [department]. |
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(c) The commission's office of the ombudsman [department] |
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shall keep an information file about each complaint made against |
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the department that the office of the ombudsman [department] has |
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authority to resolve. |
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(d) The executive commissioner shall develop a consistent, |
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statewide process for encouraging the submission of complaints to |
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local department personnel before contacting the commission's |
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office of the ombudsman to allow department staff [addressing an |
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appeal by a person dissatisfied with the resolution of a complaint |
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at the regional level. The process shall include] an opportunity to |
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resolve the complaints [for appeal of a complaint without the |
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participation of the department's ombudsman office]. |
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(e) The commission's office of the ombudsman [department] |
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shall develop and maintain a centralized tracking system to gather |
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information concerning all complaints made against the department |
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throughout the state. The department shall require its personnel |
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to provide information regarding each complaint for inclusion in |
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records maintained under the tracking system [at the department's |
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state headquarters], regardless of the location or level at which |
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the complaint is initiated or resolved. The office of the ombudsman |
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[department] shall require at least the following information to be |
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maintained for each complaint: |
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(1) the date the complaint is received; |
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(2) the name of the person making the complaint; |
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(3) the subject matter of the complaint; |
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(4) a record of all persons contacted by the office of |
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the ombudsman [department] in relation to the complaint; |
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(5) a summary of the results of the review or |
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investigation of the complaint; and |
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(6) for each complaint determined by the office of the |
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ombudsman [department] to require no corrective action, an |
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explanation of the reason that the complaint was closed without |
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action. |
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(f) The commission's office of the ombudsman [department] |
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shall periodically prepare and deliver reports to the executive |
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commissioner and the commissioner regarding the number, type, and |
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resolution of complaints made in the state against the department. |
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SECTION 2. (a) Not later than January 1, 2022, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement the changes in law made |
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by this Act. |
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(b) Section 40.0041, Human Resources Code, as amended by |
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this Act, applies only to a complaint filed on or after January 1, |
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2022. |
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SECTION 3. This Act takes effect September 1, 2021. |
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