26 Tex. Admin. Code § 87.19 - Duties and Statewide Procedures
(a) An ombudsman serves as an impartial party
in assisting persons, including children and youth in DFPS conservatorship,
with complaints regarding issues or case-specific activities within the
authority and programs of HHSC and DFPS. Each ombudsman has the same duties and
procedures.
(b) Statewide
procedures. Texas Government Code §
531.993(b)
requires an ombudsman to develop and implement procedures to:
(1) receive and review complaints and take
appropriate action, including:
(A) investigate
individual complaints that allege violations of HHSC or DFPS procedures or
policies or other violations; and
(B) refer any trends or systemic issues
identified in complaints to HHSC or DFPS for resolution;
(2) assist persons, including children and
youth in DFPS conservatorship, in making complaints and reporting allegations
of abuse, neglect, or exploitation under Texas Human Resources Code Chapter
48;
(3) maintain the
confidentiality of an ombudsman's communications and records, records of
another person that have been provided to an ombudsman, and communications of
another person with an ombudsman; and
(4) inform a person who files a complaint of
the results of the ombudsman's investigation of the complaint, including
whether the complaint was substantiated, and any corrective action
recommended.
(c) Duties
performed in collaboration with HHSC or DFPS. Texas Government Code §
531.993(b)
requires an ombudsman to:
(1) collaborate with
HHSC to develop and implement an annual outreach plan to promote awareness of
ombudsman programs; the plan must include how an ombudsman may be contacted,
the purpose of an ombudsman, and the services an ombudsman provides;
and
(2) collaborate with HHSC or
DFPS to identify consequences for any retaliatory action related to a complaint
filed with an ombudsman, in accordance with Texas Government Code §
531.997.
(d) Final determination report;
corrective action. An ombudsman, HHSC, and DFPS have the following duties
related to the final determination of a complaint and recommended corrective
actions:
(1) an ombudsman, in accordance with
Texas Government Code §
531.993(b) and
(c), must:
(A) issue and file with HHSC or DFPS, a
report containing an ombudsman's final determination regarding a complaint and
any recommended corrective actions;
(B) include a determination in the report of
whether there was wrongdoing or negligence by HHSC or DFPS or the complaint was
frivolous or without merit; and
(C)
monitor and evaluate the corrective actions taken in response to an ombudsman's
recommendation.
(2) HHSC
and DFPS, in accordance with Texas Government Code §
531.993(c-1),
are required to provide written notice to an ombudsman on whether a recommended
corrective action was adopted or rejected. If rejected, HHSC or DFPS must
include in the notice the reason for the rejection.
(e) Additional duties. In accordance with
Texas Government Code §
531.993:
(1) an ombudsman must establish a secure form
of communication with any person who files a complaint; and
(2) an ombudsman may attend any judicial
proceeding related to a complaint filed with the ombudsman program.
Notes
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