By: Noble H.B. No. 2375       A BILL TO BE ENTITLED   AN ACT   relating to the transfer of authority regarding the review and   resolution of complaints against the Department of Family and   Protective Services to the Health and Human Services Commission's   office of inspector general.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 40.0041, Human Resources Code, is   amended by amending Subsections (a), (c), (d), (e), and (f) and   adding Subsections (a-1) and (g-1) to read as follows:          (a)  The Health and Human Services Commission's office of   inspector general shall receive complaints against the department   from members of the public, consumers, department employees, and   recipients of department services regarding any investigation   conducted or action taken by the department. The office of   inspector general shall review and resolve each complaint against   the department filed with the office not later than the 45th day   after the date the office receives the complaint. The executive   commissioner of the Health and Human Services Commission, in   consultation with the commissioner and the inspector general, by   rule shall develop and implement a uniform process for receiving   and resolving complaints against the department throughout the   state. The process shall include:                (1)  statewide procedures through which the public,   consumers, department employees, and service recipients are   informed:                      (A)  of the right to make a complaint against the   department, including the mailing addresses and telephone numbers   of appropriate [department] personnel in the office of inspector   general who are responsible for receiving complaints and providing   related assistance; and                      (B)  of the office of inspector general's   [department's] procedures for resolving a complaint, including the   right to appeal a decision made at the local level;                (2)  development and statewide distribution of a form   or telephone system that may be used to make a complaint;                (3)  a requirement that the office of inspector general   [department] provide information by mail or telephone regarding the   office of inspector general's [department's] procedures for   reviewing [investigating] and resolving a complaint to each person   who makes a complaint; and                (4)  a requirement that the office of inspector general   periodically [department] provide status information, orally or in   writing, [at least quarterly] to a person with a pending complaint   against the department, unless the information would jeopardize an   undercover investigation.          (a-1)  In performing the functions described by Subsection   (a), the office of inspector general may:                (1)  recommend corrective and remedial actions the   department shall take regarding a complaint and ensure the   department's compliance with the recommendations;                (2)  obtain any department data necessary for reviewing   and resolving a complaint; and                (3) open any investigation the office determines   necessary to ensure the department's compliance with state and   federal law or department procedures and policies.          (c)  The office of inspector general [department] shall keep   an information file about each complaint made against the   department that the office of inspector general [department] has   authority to resolve.          (d)  The executive commissioner of the Health and Human   Services Commission, in consultation with the commissioner and the   inspector general, shall develop a consistent, statewide process   for addressing an appeal by a person dissatisfied with the   resolution of a complaint at the regional level. [The process shall   include an opportunity for appeal of a complaint without the   participation of the department's ombudsman office.]          (e)  The office of inspector general [department] shall   develop and maintain a centralized tracking system to gather   information concerning all complaints made against the department   throughout the state. The office of inspector general [department]   shall require its personnel to provide information regarding each   complaint for inclusion in records maintained under the tracking   system at the Health and Human Services Commission's [department's]   state headquarters, regardless of the location or level at which   the complaint is initiated or resolved. The office of inspector   general [department] shall maintain [require at least] the   following information, at a minimum, [to be maintained] for each   complaint:                (1)  the date the complaint is received;                (2)  the name of the person making the complaint;                (3)  the subject matter of the complaint;                (4)  a record of all persons contacted by the office of   inspector general [department] in relation to the complaint;                (5)  a summary of the results of the review [or   investigation] of the complaint; and                (6)  for each complaint determined by the office of   inspector general [department] to require no corrective action, an   explanation of the reason that the complaint was closed without   action.          (f)  The office of inspector general [department] shall   periodically prepare and deliver reports to the executive   commissioner of the Health and Human Services Commission, [and] the   commissioner, the governor, and the chairs of the standing   legislative committees with primary jurisdiction over the   department regarding the number, type, and resolution of complaints   made in the state against the department.          (g-1)  The department shall cooperate with the office of   inspector general regarding any review or corrective action to   resolve a complaint filed against the department. The department   shall provide any data or other information requested by the office   of inspector general in connection with a review not later than the   14th day after the date the department receives the request.          SECTION 2.  Section 531.102, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-9) to read as   follows:          (a)  The commission's office of inspector general is   responsible for:                (1)  the prevention, detection, audit, inspection,   review, and investigation of fraud, waste, and abuse in the   provision and delivery of all health and human services in the   state, including:                      (A)  services through any state-administered   health or human services program that is wholly or partly federally   funded; or                      (B)  services provided by the Department of Family   and Protective Services;                (2)  [, and] the enforcement of state law relating to   the provision of [those] services described by Subdivision (1); and                (3)  receiving, reviewing, and resolving complaints   against the Department of Family and Protective Services as   authorized by Section 40.0041, Human Resources Code. [The   commission may obtain any information or technology necessary to   enable the office to meet its responsibilities under this   subchapter or other law.]          (a-9)  The commission may obtain any information or   technology necessary to enable the office to meet its   responsibilities under this subchapter or other law.          SECTION 3.  (a) As soon as practicable after the effective   date of this Act, but not later than December 1, 2023, the   commissioner of the Department of Family and Protective Services   shall transfer any department funds, resources, including   information technology, documents, and personnel allocated for the   investigation of complaints to the Health and Human Services   Commission's office of inspector general to allow the office to   perform the functions described under Section 40.0041, Human   Resources Code, as amended by this Act.          (b)  Notwithstanding the effective date of this Act, the   Health and Human Services Commission's office of inspector general   is not required to comply with changes to Section 40.0041, Human   Resources Code, and Section 531.102(a), Government Code, made by   this Act until the transfer required by Subsection (a) of this   section is completed.          SECTION 4.  This Act takes effect September 1, 2023.