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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 87 - OMBUDSMAN SERVICES
SUBCHAPTER B - PROVISIONS COMMON TO ALL OMBUDSMAN PROGRAMS
SECTION/RULE §87.19 - Duties and Statewide Procedures
Chapter Review Date 12/27/2023

(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.

Source Note: The provisions of this §87.19 adopted to be effective April 3, 2025, 50 TexReg 2203.

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