Texas 2021 - 87th Regular

Texas Senate Bill SB1628 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Miles S.B. No. 1628
2		-	(Rose)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the authority of the Health and Human Services
8	7		Commission's office of the ombudsman to resolve complaints against
9	8		the Department of Family and Protective Services.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Sections 40.0041(a), (b), (c), (d), (e), and
12	11		(f), Human Resources Code, are amended to read as follows:
13	12		(a) The executive commissioner by rule shall develop and
14	13		implement a uniform process for the commission's office of the
15	14		ombudsman to receive [receiving] and resolve [resolving]
16	15		complaints against the department throughout the state. The
17	16		process shall include:
18	17		(1) statewide procedures through which the public,
19	18		consumers, and service recipients are informed:
20	19		(A) of the right to make a complaint against the
21	20		department, including the mailing addresses and telephone numbers
22	21		of appropriate [department] personnel within the office of the
23	22		ombudsman responsible for receiving complaints and providing
24	23		related assistance; and
25	24		(B) of the [department's] procedures of the
26	25		office of the ombudsman for resolving a complaint, including the
27	26		right to appeal a decision made at the local level by department
28	27		personnel;
29	28		(2) development and statewide distribution of a form
30	29		or telephone system that may be used to make a complaint;
31	30		(3) a requirement that the office of the ombudsman
32	31		[department] provide information by mail or telephone regarding the
33	32		[department's] procedures of the office of the ombudsman for
34	33		investigating and resolving a complaint to each person who makes a
35	34		complaint; and
36	35		(4) a requirement that the office of the ombudsman
37	36		[department] provide status information at least quarterly to a
38	37		person with a pending complaint against the department, unless the
39	38		information would jeopardize an undercover investigation.
40	39		(b) In addition to other appropriate methods, the
41	40		commission and the department may provide the information specified
42	41		by Subsection (a)(1):
43	42		(1) on each registration form, application, or written
44	43		contract for services of a person regulated by the commission
45	44		[department];
46	45		(2) on a sign prominently displayed in the place of
47	46		business of each person regulated by the commission [department];
48	47		or
49	48		(3) in a bill for service provided by a person
50	49		regulated by the commission [department].
51	50		(c) The commission's office of the ombudsman [department]
52	51		shall keep an information file about each complaint made against
53	52		the department that the office of the ombudsman [department] has
54	53		authority to resolve.
55	54		(d) The executive commissioner shall develop a consistent,
56	55		statewide process for encouraging the submission of complaints to
57	56		local department personnel before contacting the commission's
58	57		office of the ombudsman to allow department staff [addressing an
59	58		appeal by a person dissatisfied with the resolution of a complaint
60	59		at the regional level. The process shall include] an opportunity to
61	60		resolve the complaints [for appeal of a complaint without the
62	61		participation of the department's ombudsman office].
63	62		(e) The commission's office of the ombudsman [department]
64	63		shall develop and maintain a centralized tracking system to gather
65	64		information concerning all complaints made against the department
66	65		throughout the state. The department shall require its personnel
67	66		to provide information regarding each complaint for inclusion in
68	67		records maintained under the tracking system [at the department's
69	68		state headquarters], regardless of the location or level at which
70	69		the complaint is initiated or resolved. The office of the ombudsman
71	70		[department] shall require at least the following information to be
72	71		maintained for each complaint:
73	72		(1) the date the complaint is received;
74	73		(2) the name of the person making the complaint;
75	74		(3) the subject matter of the complaint;
76	75		(4) a record of all persons contacted by the office of
77	76		the ombudsman [department] in relation to the complaint;
78	77		(5) a summary of the results of the review or
79	78		investigation of the complaint; and
80	79		(6) for each complaint determined by the office of the
81	80		ombudsman [department] to require no corrective action, an
82	81		explanation of the reason that the complaint was closed without
83	82		action.
84	83		(f) The commission's office of the ombudsman [department]
85	84		shall periodically prepare and deliver reports to the executive
86	85		commissioner and the commissioner regarding the number, type, and
87	86		resolution of complaints made in the state against the department.
88	87		SECTION 2. (a) Not later than January 1, 2022, the
89	88		executive commissioner of the Health and Human Services Commission
90	89		shall adopt the rules necessary to implement the changes in law made
91	90		by this Act.
92	91		(b) Section 40.0041, Human Resources Code, as amended by
93	92		this Act, applies only to a complaint filed on or after January 1,
94	93		2022.
95	94		SECTION 3. This Act takes effect September 1, 2021.