1 | 1 | | 89R470 AMF-D |
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2 | 2 | | By: Miles S.B. No. 275 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the authority of the Health and Human Services |
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10 | 10 | | Commission's office of the ombudsman to resolve complaints against |
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11 | 11 | | the Department of Family and Protective Services. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Sections 40.0041(a), (b), (c), (d), (e), and |
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14 | 14 | | (f), Human Resources Code, are amended to read as follows: |
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15 | 15 | | (a) The executive commissioner by rule shall develop and |
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16 | 16 | | implement a uniform process for the commission's office of the |
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17 | 17 | | ombudsman to receive [receiving] and resolve [resolving] |
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18 | 18 | | complaints against the department throughout the state. The |
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19 | 19 | | process shall include: |
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20 | 20 | | (1) statewide procedures through which the public, |
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21 | 21 | | consumers, and service recipients are informed: |
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22 | 22 | | (A) of the right to make a complaint against the |
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23 | 23 | | department, including the mailing addresses and telephone numbers |
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24 | 24 | | of appropriate office [department] personnel responsible for |
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25 | 25 | | receiving complaints and providing related assistance; and |
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26 | 26 | | (B) of the office's [department's] procedures for |
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27 | 27 | | resolving a complaint, including the right to appeal a decision |
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28 | 28 | | made at the local level by department personnel; |
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29 | 29 | | (2) development and statewide distribution of a form |
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30 | 30 | | or telephone system that may be used to make a complaint; |
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31 | 31 | | (3) a requirement that the office [department] provide |
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32 | 32 | | information by mail or telephone regarding the office's |
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33 | 33 | | [department's] procedures for investigating and resolving a |
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34 | 34 | | complaint to each person who makes a complaint; and |
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35 | 35 | | (4) a requirement that the office [department] provide |
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36 | 36 | | status information at least quarterly to a person with a pending |
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37 | 37 | | complaint against the department, unless the information would |
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38 | 38 | | jeopardize an undercover investigation. |
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39 | 39 | | (b) In addition to other appropriate methods, the |
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40 | 40 | | commission and the department may provide the information specified |
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41 | 41 | | by Subsection (a)(1): |
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42 | 42 | | (1) on each registration form, application, or written |
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43 | 43 | | contract for services of a person regulated by the commission |
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44 | 44 | | [department]; |
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45 | 45 | | (2) on a sign prominently displayed in the place of |
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46 | 46 | | business of each person regulated by the commission [department]; |
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47 | 47 | | or |
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48 | 48 | | (3) in a bill for service provided by a person |
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49 | 49 | | regulated by the commission [department]. |
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50 | 50 | | (c) The commission's office of the ombudsman [department] |
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51 | 51 | | shall keep an information file about each complaint made against |
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52 | 52 | | the department that the office [department] has authority to |
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53 | 53 | | resolve. |
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54 | 54 | | (d) The executive commissioner shall develop a consistent, |
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55 | 55 | | statewide process for encouraging the submission of complaints to |
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56 | 56 | | local department personnel before contacting the commission's |
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57 | 57 | | office of the ombudsman to allow department staff [addressing an |
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58 | 58 | | appeal by a person dissatisfied with the resolution of a complaint |
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59 | 59 | | at the regional level. The process shall include] an opportunity to |
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60 | 60 | | resolve the complaints [for appeal of a complaint without the |
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61 | 61 | | participation of the department's ombudsman office]. |
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62 | 62 | | (e) The commission's office of the ombudsman [department] |
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63 | 63 | | shall develop and maintain a centralized tracking system to gather |
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64 | 64 | | information concerning all complaints made against the department |
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65 | 65 | | throughout the state. The department shall require its personnel |
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66 | 66 | | to provide information regarding each complaint for inclusion in |
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67 | 67 | | records maintained under the tracking system [at the department's |
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68 | 68 | | state headquarters], regardless of the location or level at which |
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69 | 69 | | the complaint is initiated or resolved. The office [department] |
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70 | 70 | | shall require at least the following information to be maintained |
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71 | 71 | | for each complaint: |
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72 | 72 | | (1) the date the complaint is received; |
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73 | 73 | | (2) the name of the person making the complaint; |
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74 | 74 | | (3) the subject matter of the complaint; |
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75 | 75 | | (4) a record of all persons contacted by the office |
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76 | 76 | | [department] in relation to the complaint; |
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77 | 77 | | (5) a summary of the results of the review or |
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78 | 78 | | investigation of the complaint; and |
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79 | 79 | | (6) for each complaint determined by the office |
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80 | 80 | | [department] to require no corrective action, an explanation of the |
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81 | 81 | | reason that the complaint was closed without action. |
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82 | 82 | | (f) The commission's office of the ombudsman [department] |
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83 | 83 | | shall periodically prepare and deliver reports to the executive |
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84 | 84 | | commissioner and the commissioner regarding the number, type, and |
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85 | 85 | | resolution of complaints made in the state against the department. |
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86 | 86 | | SECTION 2. (a) Not later than January 1, 2026, the |
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87 | 87 | | executive commissioner of the Health and Human Services Commission |
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88 | 88 | | shall adopt the rules necessary to implement the changes in law made |
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89 | 89 | | by this Act. |
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90 | 90 | | (b) Section 40.0041, Human Resources Code, as amended by |
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91 | 91 | | this Act, applies only to a complaint filed on or after January 1, |
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92 | 92 | | 2026. |
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93 | 93 | | SECTION 3. This Act takes effect September 1, 2025. |
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