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A BILL TO BE ENTITLED
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AN ACT
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relating to the consolidation of ombudsman programs administered by |
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the Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter Y, Chapter 531, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER Y. HEALTH AND HUMAN SERVICES OMBUDSMAN PROGRAMS [FOR
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THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES] |
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SECTION 2. Section 531.991, Government Code, is amended to |
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read as follows: |
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Sec. 531.991. DEFINITIONS. In this subchapter: |
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(1) "Complaint" means any expression of |
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dissatisfaction by a consumer about a program or service of the |
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health and human services system or of the department. |
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(2) "Consumer" means: |
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(A) an applicant or client of a program of the |
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health and human services system; |
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(B) the applicant's or client's legally |
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authorized representative; |
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(C) a member of the public seeking information |
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about a program of the health and human services system; or |
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(D) a child or youth in the conservatorship of |
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the department. |
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(3) "Department" means the Department of Family and |
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Protective Services. |
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(4) [(2)] "Ombudsman" means the individual appointed |
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as the ombudsman for an ombudsman program [the Department of Family
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and Protective Services]. |
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(5) "Ombudsman program" means an ombudsman program |
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administered by the commission under this subchapter. |
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(6) "Retaliation" means a harmful action taken because |
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of, or substantially motivated by, reprisal or revenge in response |
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to a legally protected activity, including making a good faith |
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complaint. |
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(7) "Substantiated complaint" means a complaint for |
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which research clearly indicates: |
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(A) the policy of a program of the health and |
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human services system or the department was violated; or |
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(B) the health and human services system's |
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expectations were not met. |
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SECTION 3. Subchapter Y, Chapter 531, Government Code, is |
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amended by adding Section 531.9912 to read as follows: |
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Sec. 531.9912. ESTABLISHMENT OF OMBUDSMAN PROGRAMS. The |
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executive commissioner shall establish the following ombudsman |
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programs: |
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(1) the health and human services office of the |
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ombudsman in accordance with Section 531.9915; |
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(2) the ombudsman for children and youth in foster |
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care in accordance with Section 531.9931; |
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(3) the ombudsman for managed care in accordance with |
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Section 531.9932; |
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(4) the ombudsman for behavioral health access to care |
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in accordance with Section 531.9933; and |
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(5) the ombudsman for individuals with intellectual or |
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developmental disabilities in accordance with Section 531.9934. |
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SECTION 4. Section 531.0171, Government Code, is |
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transferred to Subchapter Y, Chapter 531, Government Code, |
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redesignated as Section 531.9915, Government Code, and amended to |
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read as follows: |
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Sec. 531.9915 [531.0171]. OFFICE OF OMBUDSMAN. (a) The |
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executive commissioner shall establish the commission's office of |
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the ombudsman with authority and responsibility over the health and |
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human services system in performing the following functions: |
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(1) providing consumer dispute resolution services |
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for the health and human services system; |
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(2) performing consumer protection and advocacy |
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functions related to health and human services, including assisting |
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a consumer [or other interested person] with: |
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(A) raising a matter within the health and human |
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services system that the consumer [person] feels is being ignored; |
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and |
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(B) obtaining information regarding a filed |
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complaint; and |
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(3) collecting consumer inquiry and complaint data |
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related to the health and human services system. |
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(b) The office of the ombudsman does not have the authority |
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to process case actions or overturn a decision by the department or |
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a program of the health and human services system [provide a
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separate process for resolving complaints or appeals]. |
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(c) The executive commissioner shall develop a standard |
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process for tracking and reporting received inquiries and |
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complaints within the health and human services system. The |
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process must provide for the centralized tracking of inquiries and |
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complaints submitted to field, regional, or other local health and |
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human services system offices, including vendors contracted to |
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provide services on behalf of a program of the health and human |
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services system. |
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(d) Using the process developed under Subsection (c), the |
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office of the ombudsman shall collect inquiry and complaint data |
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from all offices, agencies, divisions, and other entities within |
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the health and human services system, including vendors contracted |
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to provide services on behalf of a program of the health and human |
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services system. To assist with the collection of data under this |
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subsection, the office may access any system or process for |
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recording inquiries and complaints used or maintained within the |
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health and human services system. |
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(e) The office of the ombudsman must be sufficiently |
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independent from programs of the health and human services system |
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to perform the ombudsman's duties outlined in this subchapter. |
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SECTION 5. Sections 531.992 and 531.993, Government Code, |
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are amended to read as follows: |
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Sec. 531.992. APPOINTMENT OF OMBUDSMAN [FOR THE DEPARTMENT
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OF FAMILY AND PROTECTIVE SERVICES]. (a) The executive |
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commissioner [governor] shall appoint an ombudsman for each |
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ombudsman program [the Department of Family and Protective
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Services] to serve at the will of the executive commissioner |
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[governor]. |
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(b) The ombudsman programs are managed as part of [is
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administratively attached to] the office of the ombudsman for the |
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commission. |
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(c) Subject to the appropriation of money for those purposes |
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[that purpose], each [the] ombudsman may employ staff to assist the |
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ombudsman in performing the ombudsman's duties under this |
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subchapter. |
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[(d)
The ombudsman may not use the name or any logo of the
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department on any forms or other materials produced and distributed
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by the ombudsman.] |
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Sec. 531.993. DUTIES OF OMBUDSMAN. (a) An [The] ombudsman |
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serves as a neutral party in assisting: |
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(1) children and youth in the conservatorship of the |
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department with complaints regarding issues within the authority of |
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the commission, the department, or a [another] health and human |
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services agency; and |
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(2) consumers [persons] with a complaint against the |
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commission or a health and human services agency [department] |
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regarding case-specific activities of the programs of the |
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commission or agency [department, including adult protective
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services, child protective services, child-care licensing, and
|
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statewide intake]. |
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(b) An [The] ombudsman shall, as applicable: |
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(1) develop and implement statewide procedures to: |
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(A) receive complaints from: |
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(i) children and youth in the |
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conservatorship of the department; and |
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(ii) consumers [other persons] with a |
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complaint against the commission or a health and human services |
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agency [department]; |
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(B) review complaints filed with the ombudsman |
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and take appropriate action, including: |
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(i) conducting an investigation into |
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individual complaints that allege violations of commission, |
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department, or agency procedure or policy or other violations; and |
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(ii) referring to commission, department, |
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or agency management for resolution any trends or systemic issues |
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identified in complaints; |
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(C) provide any necessary assistance to: |
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(i) children and youth in the |
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conservatorship of the department in making complaints and |
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reporting allegations of abuse or neglect to the department; and |
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(ii) any consumer in making complaints to |
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the commission or a health and human services agency; |
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(D) maintain the confidentiality of: |
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(i) the ombudsman's communications and |
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records; |
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(ii) records of another person that have |
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been provided to the ombudsman; and |
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(iii) communications of another person with |
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the ombudsman; and |
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(E) ensure that the commission, the department, a |
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health and human services agency, and any consumer who files a |
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complaint with the commission, including [person or] a child or |
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youth in the conservatorship of the department who files a |
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complaint with the ombudsman, are informed of the results of the |
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ombudsman's investigation of the complaint, including whether the |
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ombudsman was able to substantiate the [person's, child's, or
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youth's] complaint; |
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(2) collaborate with the commission, the department, |
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or a health and human services agency, as applicable, to develop and |
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implement an annual outreach plan to promote awareness of the |
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ombudsman among the public, children and youth in the |
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conservatorship of the department, [family members and caretakers
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of those children,] and facilities licensed by the commission |
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[department] and that includes: |
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(A) how the office may be contacted; |
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(B) the purpose of the office; and |
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(C) the services the office provides; |
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(3) notify in writing [issue and file with] the |
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commission, the department, and a [any applicable] health and human |
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services agency, as applicable, of [a report that contains] the |
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ombudsman's final determination regarding a complaint and any |
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recommended corrective actions to be taken as a result of the |
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complaint; |
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(4) establish a secure form of communication with any |
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individual who files a complaint with the ombudsman; |
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(5) collaborate with the commission, the department, |
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and a health and human services agency, as applicable, to identify |
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consequences for any retaliatory action related to a complaint |
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filed with the ombudsman, in accordance with Section 531.997 |
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[40.0041(g), Human Resources Code]; and |
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(6) monitor and evaluate the commission's, the |
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department's, or a health and human services agency's corrective |
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actions taken in response to a recommendation by the ombudsman. |
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(c) An [The] ombudsman's notification [final determination
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in a report] described by Subsection (b)(3) must include a |
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determination of whether the complaint is a substantiated complaint |
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[there was wrongdoing or negligence by the department or an agent of
|
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the department or whether the complaint was frivolous and without
|
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merit]. If the ombudsman determines a complaint is a substantiated |
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complaint [there was wrongdoing or negligence], the ombudsman shall |
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recommend corrective actions to be taken by the commission, the |
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department, or a health and human services agency. |
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(d) The commission, the department, or a health and human |
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services agency, as applicable, shall provide written notice to an |
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ombudsman on whether the commission, department, or agency adopted |
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or rejected the ombudsman's recommended corrective action. On |
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rejection of the recommended corrective action, the commission, |
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department, or health and human services agency shall include in |
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the notice the reason for the rejection [The ombudsman may attend
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any judicial proceeding related to a complaint filed with the
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office]. |
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SECTION 6. Section 531.9931, Government Code, is amended to |
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read as follows: |
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Sec. 531.9931. [DIVISION OF] OMBUDSMAN FOR CHILDREN AND |
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YOUTH IN FOSTER CARE. (a) The [division of the] ombudsman for |
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children and youth in foster care is created within the office of |
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the ombudsman for the purpose of: |
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(1) receiving complaints from children and youth in |
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the conservatorship of the department as provided under Section |
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531.993(a)(1); |
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(2) informing children and youth in the |
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conservatorship of the department who file a complaint under this |
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subchapter about the result of the ombudsman's investigation of the |
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complaint, including whether the ombudsman was able to substantiate |
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the child's or youth's complaint; and |
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(3) collaborating with the department to develop an |
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outreach plan for children and youth in the conservatorship of the |
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department to promote awareness of the ombudsman. |
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(b) If a child or youth in the conservatorship of the |
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department contacts an [the] ombudsman by telephone call to report |
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a complaint under this subchapter, the call shall be transferred |
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directly to a person employed by the [division of the] ombudsman |
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created under this section. |
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(c) The ombudsman for children and youth in foster care |
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shall promptly refer to the department for the department to |
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address in accordance with Section 40.0041, Human Resources Code, |
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each complaint received by the ombudsman regarding the department, |
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other than those made by a child or youth in the conservatorship of |
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the department. |
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(d) Not later than the fifth day of each month, the |
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ombudsman for children and youth in foster care shall compile and |
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provide to the commission and the department, as applicable, a |
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written report regarding the investigations the ombudsman compiled |
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during the preceding month. The report must include: |
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(1) a summary of each complaint investigated; |
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(2) the ombudsman's final determination on the |
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complaint; and |
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(3) any corrective action recommended by the |
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ombudsman. |
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SECTION 7. Subchapter Y, Chapter 531, Government Code, is |
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amended by adding Section 531.99315 to read as follows: |
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Sec. 531.99315. COMPLAINT PROCESS FOR FOSTER CHILDREN AND |
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YOUTH SERVED BY SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In this |
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section, "contractor" means a single source continuum contractor in |
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this state providing services identified under Subchapter B-1, |
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Chapter 264, Family Code. |
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(b) A child or youth in the conservatorship of the |
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department and served by a contractor may file a complaint directly |
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with the ombudsman for children and youth in foster care and is not |
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required to file an initial complaint with the contractor. |
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(c) The ombudsman for children and youth in foster care may |
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access the internal records of a contractor that are relevant to a |
|
complaint filed under this section and not included in the |
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department's automated case tracking and information management |
|
system. |
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(d) The ombudsman for children and youth in foster care |
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shall provide written notice of the results of the investigation of |
|
a complaint filed under this section to: |
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(1) the child or youth who filed the complaint; |
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(2) the child's or youth's contractor; and |
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(3) the department. |
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(e) Each contractor in this state shall provide to the |
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ombudsman for children and youth in foster care: |
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(1) the contractor's contact information for the |
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ombudsman to receive records and provide notice under this section; |
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and |
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(2) updates to the contact information as necessary. |
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(f) A contractor may not directly or indirectly use or cause |
|
to be used the term "ombudsman" to describe the contractor or the |
|
contractor's internal complaint process. |
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SECTION 8. Section 531.0213, Government Code, is |
|
transferred to Subchapter Y, Chapter 531, Government Code, |
|
redesignated as Section 531.9932, Government Code, and amended to |
|
read as follows: |
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Sec. 531.9932 [531.0213]. OMBUDSMAN FOR MANAGED CARE |
|
[SUPPORT SERVICES FOR MEDICAID RECIPIENTS]. (a) The commission |
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shall establish an ombudsman for managed care to provide support |
|
and information services to a consumer [person] enrolled in or |
|
applying for Medicaid coverage who experiences barriers to |
|
receiving health care services. |
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(b) The ombudsman for managed care [commission] shall give |
|
emphasis to assisting a consumer [person] with an urgent or |
|
immediate medical or support need. |
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(b-1) The commission shall provide support and information |
|
services required by this section through a network of entities |
|
coordinated by the [commission's office of the] ombudsman for |
|
managed care [or other division of the commission designated by the
|
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executive commissioner] and composed of: |
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(1) the [commission's office of the] ombudsman [or
|
|
other division of the commission designated by the executive
|
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commissioner to coordinate the network]; |
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(2) the office of the state long-term care ombudsman |
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required under Subchapter F, Chapter 101A, Human Resources Code; |
|
(3) the division within the commission responsible for |
|
oversight of Medicaid managed care contracts; |
|
(4) area agencies on aging; |
|
(5) aging and disability resource centers established |
|
under the Aging and Disability Resource Center initiative funded in |
|
part by the federal Administration on Aging and the Centers for |
|
Medicare and Medicaid Services; and |
|
(6) any other entity the executive commissioner |
|
determines appropriate, including nonprofit organizations with |
|
which the commission contracts under Subsection (c). |
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(c) The ombudsman for managed care [commission] may provide |
|
support and information services by requesting the commission to |
|
contract [contracting] with nonprofit organizations that are not |
|
involved in providing health care, health insurance, or health |
|
benefits. |
|
(d) As a part of the support and information services |
|
required by this section, the ombudsman for managed care |
|
[commission] shall: |
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(1) operate a statewide toll-free assistance |
|
telephone number that includes relay services for consumers |
|
[persons] with speech or hearing disabilities and assistance for |
|
consumers [persons] who speak Spanish; |
|
(2) intervene promptly with the state Medicaid office, |
|
managed care organizations and providers, and any other appropriate |
|
entity on behalf of a consumer [person] who has an urgent need for |
|
medical services; |
|
(3) assist a consumer [person] who is experiencing |
|
barriers in the Medicaid application and enrollment process and |
|
refer the consumer [person] for further assistance if appropriate; |
|
(4) educate consumers [persons] so that they: |
|
(A) understand the concept of managed care; |
|
(B) understand their rights under Medicaid, |
|
including grievance and appeal procedures; and |
|
(C) are able to advocate for themselves; |
|
(5) collect and maintain statistical information on a |
|
regional basis regarding cases [calls] received by the ombudsman |
|
[assistance lines] and publish quarterly reports on the |
|
commission's Internet website that: |
|
(A) list the number of cases [calls] received by |
|
region; |
|
(B) identify trends in delivery and access |
|
problems; |
|
(C) identify recurring barriers in the Medicaid |
|
system; and |
|
(D) indicate other problems identified with |
|
Medicaid managed care; |
|
(6) assist the state Medicaid office and managed care |
|
organizations and providers in identifying and correcting |
|
problems, including site visits to affected regions if necessary; |
|
(7) meet the needs of all current and future Medicaid |
|
managed care recipients, including children receiving dental |
|
benefits and other recipients receiving benefits, under the: |
|
(A) STAR Medicaid managed care program; |
|
(B) STAR + PLUS Medicaid managed care program, |
|
including the Texas Dual Eligibles Integrated Care Demonstration |
|
Project provided under that program; |
|
(C) STAR Kids managed care program established |
|
under Section 533.00253; and |
|
(D) STAR Health program; and |
|
(8) [incorporate support services for children
|
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enrolled in the child health plan established under Chapter 62,
|
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Health and Safety Code; and
|
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[(9)] ensure that staff providing support and |
|
information services receives sufficient training, including |
|
training in the Medicare program for the purpose of assisting |
|
recipients who are dually eligible for Medicare and Medicaid, and |
|
has sufficient authority to resolve barriers experienced by |
|
recipients to health care and long-term services and supports. |
|
[(e)
The commission's office of the ombudsman, or other
|
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division of the commission designated by the executive commissioner
|
|
to coordinate the network of entities responsible for providing
|
|
support and information services under this section, must be
|
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sufficiently independent from other aspects of Medicaid managed
|
|
care to represent the best interests of recipients in problem
|
|
resolution.] |
|
SECTION 9. Section 531.02251, Government Code, is |
|
transferred to Subchapter Y, Chapter 531, Government Code, |
|
redesignated as Section 531.9933, Government Code, and amended to |
|
read as follows: |
|
Sec. 531.9933 [531.02251]. OMBUDSMAN FOR BEHAVIORAL HEALTH |
|
ACCESS TO CARE. (a) [In this section, "ombudsman" means the
|
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individual designated as the ombudsman for behavioral health access
|
|
to care.
|
|
[(b)
The executive commissioner shall designate an
|
|
ombudsman for behavioral health access to care.
|
|
[(c)
The ombudsman is administratively attached to the
|
|
office of the ombudsman for the commission.
|
|
[(d)
The commission may use an alternate title for the
|
|
ombudsman in consumer-facing materials if the commission
|
|
determines that an alternate title would be beneficial to consumer
|
|
understanding or access.
|
|
[(e)] The ombudsman for behavioral health serves as a |
|
neutral party to help consumers, including consumers who are |
|
uninsured or have public or private health benefit coverage, and |
|
behavioral health care providers navigate and resolve issues |
|
related to consumer access to behavioral health care, including |
|
care for mental health conditions and substance use disorders. |
|
(b) [(f)] The ombudsman for behavioral health shall: |
|
(1) interact with consumers and behavioral health care |
|
providers with concerns or complaints to help the consumers and |
|
providers resolve behavioral health care access issues, including: |
|
(A) patients of state hospitals as defined by |
|
Section 552.0011, Health and Safety Code; and |
|
(B) consumers seeking and receiving services |
|
through: |
|
(i) a local behavioral health authority, as |
|
described by Section 533.0356, Health and Safety Code; or |
|
(ii) a local mental health authority, as |
|
described by Section 533.035, Health and Safety Code; |
|
(2) identify, track, and help report potential |
|
violations of state or federal rules, regulations, or statutes |
|
concerning the availability of, and terms and conditions of, |
|
benefits for mental health conditions or substance use disorders, |
|
including potential violations related to quantitative and |
|
nonquantitative treatment limitations; |
|
(3) report concerns, complaints, and potential |
|
violations described by Subdivision (2) to the appropriate |
|
regulatory or oversight agency; |
|
(4) receive and report concerns and complaints |
|
relating to inappropriate care or mental health commitment; |
|
(5) provide appropriate information to help consumers |
|
obtain behavioral health care and understand their rights; |
|
(6) develop appropriate points of contact for |
|
referrals to other state and federal agencies; and |
|
(7) provide appropriate information to help consumers |
|
or providers file appeals or complaints with the appropriate |
|
entities, including insurers and other state and federal agencies. |
|
(c) [(g)] The ombudsman for behavioral health shall |
|
participate in the mental health condition and substance use |
|
disorder parity work group established under Section 531.02252 and |
|
provide summary reports of concerns, complaints, and potential |
|
violations described by Subsection (b)(2) [(f)(2)] to the work |
|
group. This subsection expires September 1, 2021. |
|
(d) [(h)] The Texas Department of Insurance shall appoint a |
|
liaison to the ombudsman for behavioral health to receive reports |
|
of concerns, complaints, and potential violations described by |
|
Subsection (b)(2) [(f)(2)] from the ombudsman, consumers, or |
|
behavioral health care providers. |
|
SECTION 10. Subchapter Y, Chapter 531, Government Code, is |
|
amended by adding Section 531.9934 to read as follows: |
|
Sec. 531.9934. OMBUDSMAN FOR INDIVIDUALS WITH INTELLECTUAL |
|
OR DEVELOPMENTAL DISABILITIES. (a) In this section, "local |
|
intellectual and developmental disability authority" has the |
|
meaning assigned by Section 531.002, Health and Safety Code. |
|
(b) The ombudsman for individuals with intellectual or |
|
developmental disabilities serves as a neutral party to assist |
|
individuals with intellectual or developmental disabilities and |
|
the individuals' representatives and providers in navigating and |
|
resolving issues related to services for those individuals provided |
|
through: |
|
(1) the home and community-based services and Texas |
|
home living Medicaid waiver programs; and |
|
(2) local intellectual and developmental disability |
|
authorities. |
|
(c) The ombudsman for individuals with intellectual or |
|
developmental disabilities shall: |
|
(1) interact with individuals with intellectual or |
|
developmental disabilities and the individuals' representatives |
|
and providers with concerns or complaints to assist the |
|
individuals, representatives, providers, and local intellectual |
|
and developmental disability authorities in resolving those |
|
issues; |
|
(2) identify, track, and assist with reporting |
|
potential violations of state or federal rules, regulations, or |
|
statutes concerning the rights of individuals with intellectual or |
|
developmental disabilities and services provided through: |
|
(A) the home and community-based services and |
|
Texas home living Medicaid waiver programs; and |
|
(B) local intellectual and developmental |
|
disability authorities; |
|
(3) provide appropriate information to assist |
|
individuals with intellectual or developmental disabilities in |
|
obtaining services and understanding their rights; |
|
(4) develop appropriate points of contact for |
|
referrals to other state and federal agencies; and |
|
(5) provide appropriate information to assist |
|
individuals with intellectual or developmental disabilities and |
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the individuals' representatives and providers in filing appeals or |
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complaints with the appropriate entities. |
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SECTION 11. Sections 531.994, 531.995, 531.996, 531.997, |
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and 531.998, Government Code, are amended to read as follows: |
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Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If, |
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during the investigation of a complaint, an [the] ombudsman |
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discovers unreported violations of the commission's, the |
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department's, or a health and human services agency's rules and |
|
policies, the ombudsman may [shall] open a new investigation for |
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each unreported violation. |
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Sec. 531.995. ACCESS TO INFORMATION. The commission, the |
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department, and each health and human services agency shall provide |
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an [the] ombudsman access to the commission's, department's, or |
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agency's records and personnel that relate to a complaint the |
|
ombudsman is reviewing or investigating. |
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Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) A |
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person may communicate with an [the] ombudsman relating to a |
|
complaint by telephone, by mail, by electronic mail, or by any other |
|
means the ombudsman determines to be feasible, secure, and |
|
accessible [to children and youth]. |
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(b) A communication with an [the] ombudsman is confidential |
|
during an investigation or review of a complaint and remains |
|
confidential after the complaint is resolved. |
|
(c) The records of an [the] ombudsman are confidential and |
|
must be maintained in a manner that preserves the confidentiality |
|
of the records. |
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(d) The disclosure of confidential information to an [the] |
|
ombudsman under this section or Section 531.995 does not constitute |
|
a waiver of confidentiality. Any information disclosed to the |
|
ombudsman under this section or Section 531.995 remains |
|
confidential and privileged following disclosure. |
|
(e) An [The] ombudsman is not prohibited from communicating |
|
with the commission, the department, or a [another] health and |
|
human services agency regarding confidential information disclosed |
|
to the ombudsman by the commission, department, or agency. |
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(f) An [The] ombudsman may make reports relating to an |
|
investigation of a complaint public after the complaint is |
|
resolved. A report may not include information that identifies an |
|
individual consumer [complainant], client, parent, or employee or |
|
any other person involved in the complaint. |
|
Sec. 531.997. RETALIATION PROHIBITED. The commission, the |
|
department, or a [another] health and human services agency may not |
|
retaliate against a commission, department, or agency employee, a |
|
child or youth in the conservatorship of the department, or any |
|
other consumer [person] who in good faith makes a complaint to an |
|
[the] ombudsman or against any person who cooperates with the |
|
ombudsman in an investigation. |
|
Sec. 531.998. REPORT. (a) The health and human services |
|
office of the ombudsman shall prepare an annual report that |
|
contains: |
|
(1) a description of the [ombudsman's] work of the |
|
commission's ombudsman programs; |
|
(2) any change made by the commission, the department, |
|
or a [another] health and human services agency in response to a |
|
substantiated complaint; |
|
(3) a description of any trends in the nature of |
|
complaints received by an [the] ombudsman, any recommendations |
|
related to addressing those trends, and an evaluation of the |
|
feasibility of the ombudsman's recommendations; |
|
(4) a glossary of terms used in the report; |
|
(5) a description of the methods used to promote |
|
awareness of the ombudsman under Section 531.993(b) and the |
|
ombudsman's promotion plan for the next year; and |
|
(6) any public feedback received by the ombudsman |
|
relating to the ombudsman's previous annual reports. |
|
(b) The report must be submitted to the governor, the |
|
lieutenant governor, each standing committee of the legislature |
|
with jurisdiction over matters involving the commission, the |
|
department, and each health and human services agency, each member |
|
of the legislature, the executive commissioner, and the |
|
commissioner of the department not later than December 1 of each |
|
year. On receipt of the report, [the department and] the commission |
|
shall make the report publicly available on [the department's and] |
|
the commission's Internet website [websites]. |
|
SECTION 12. Sections 531.9921 and 531.9941, Government |
|
Code, are repealed. |
|
SECTION 13. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 14. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2019. |
|
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* * * * * |