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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of authority regarding the review and |
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resolution of complaints against the Department of Family and |
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Protective Services to the Health and Human Services Commission's |
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office of inspector general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.0041, Human Resources Code, is |
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amended by amending Subsections (a), (c), (d), (e), and (f) and |
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adding Subsections (a-1) and (g-1) to read as follows: |
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(a) The Health and Human Services Commission's office of |
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inspector general shall receive complaints against the department |
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from members of the public, consumers, department employees, and |
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recipients of department services regarding any investigation |
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conducted or action taken by the department. The office of |
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inspector general shall review and resolve each complaint against |
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the department filed with the office not later than the 45th day |
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after the date the office receives the complaint. The executive |
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commissioner of the Health and Human Services Commission, in |
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consultation with the commissioner and the inspector general, by |
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rule shall develop and implement a uniform process for receiving |
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and resolving complaints against the department throughout the |
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state. The process shall include: |
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(1) statewide procedures through which the public, |
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consumers, department employees, and service recipients are |
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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 in the office of inspector |
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general who are responsible for receiving complaints and providing |
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related assistance; and |
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(B) of the office of inspector general's |
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[department's] procedures for resolving a complaint, including the |
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right to appeal a decision made at the local level; |
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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 inspector general |
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[department] provide information by mail or telephone regarding the |
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office of inspector general's [department's] procedures for |
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reviewing [investigating] and resolving a complaint to each person |
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who makes a complaint; and |
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(4) a requirement that the office of inspector general |
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periodically [department] provide status information, orally or in |
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writing, [at least quarterly] to a person with a pending complaint |
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against the department, unless the information would jeopardize an |
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undercover investigation. |
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(a-1) In performing the functions described by Subsection |
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(a), the office of inspector general may: |
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(1) recommend corrective and remedial actions the |
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department shall take regarding a complaint and ensure the |
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department's compliance with the recommendations; |
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(2) obtain any department data necessary for reviewing |
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and resolving a complaint; and |
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(3) open any investigation the office determines |
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necessary to ensure the department's compliance with state and |
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federal law or department procedures and policies. |
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(c) The office of inspector general [department] shall keep |
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an information file about each complaint made against the |
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department that the office of inspector general [department] has |
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authority to resolve. |
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(d) The executive commissioner of the Health and Human |
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Services Commission, in consultation with the commissioner and the |
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inspector general, shall develop a consistent, statewide process |
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for addressing an appeal by a person dissatisfied with the |
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resolution of a complaint at the regional level. [The process shall |
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include an opportunity for appeal of a complaint without the |
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participation of the department's ombudsman office.] |
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(e) The office of inspector general [department] shall |
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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 office of inspector general [department] |
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shall require its personnel to provide information regarding each |
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complaint for inclusion in records maintained under the tracking |
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system at the Health and Human Services Commission's [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 inspector |
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general [department] shall maintain [require at least] the |
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following information, at a minimum, [to be maintained] for each |
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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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inspector general [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 |
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inspector general [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 office of inspector general [department] shall |
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periodically prepare and deliver reports to the executive |
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commissioner of the Health and Human Services Commission, [and] the |
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commissioner, the governor, and the chairs of the standing |
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legislative committees with primary jurisdiction over the |
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department regarding the number, type, and resolution of complaints |
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made in the state against the department. |
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(g-1) The department shall cooperate with the office of |
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inspector general regarding any review or corrective action to |
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resolve a complaint filed against the department. The department |
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shall provide any data or other information requested by the office |
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of inspector general in connection with a review not later than the |
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14th day after the date the department receives the request. |
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SECTION 2. Section 531.102, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-9) to read as |
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follows: |
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(a) The commission's office of inspector general is |
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responsible for: |
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(1) the prevention, detection, audit, inspection, |
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review, and investigation of fraud, waste, and abuse in the |
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provision and delivery of all health and human services in the |
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state, including: |
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(A) services through any state-administered |
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health or human services program that is wholly or partly federally |
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funded; or |
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(B) services provided by the Department of Family |
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and Protective Services; |
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(2) [, and] the enforcement of state law relating to |
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the provision of [those] services described by Subdivision (1); and |
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(3) receiving, reviewing, and resolving complaints |
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against the Department of Family and Protective Services as |
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authorized by Section 40.0041, Human Resources Code. [The |
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commission may obtain any information or technology necessary to |
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enable the office to meet its responsibilities under this |
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subchapter or other law.] |
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(a-9) The commission may obtain any information or |
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technology necessary to enable the office to meet its |
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responsibilities under this subchapter or other law. |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act, but not later than December 1, 2023, the |
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commissioner of the Department of Family and Protective Services |
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shall transfer any department funds, resources, including |
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information technology, documents, and personnel allocated for the |
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investigation of complaints to the Health and Human Services |
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Commission's office of inspector general to allow the office to |
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perform the functions described under Section 40.0041, Human |
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Resources Code, as amended by this Act. |
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(b) Notwithstanding the effective date of this Act, the |
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Health and Human Services Commission's office of inspector general |
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is not required to comply with changes to Section 40.0041, Human |
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Resources Code, and Section 531.102(a), Government Code, made by |
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this Act until the transfer required by Subsection (a) of this |
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section is completed. |
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SECTION 4. This Act takes effect September 1, 2023. |