87R12590 TYPED     By: Noble H.B. No. 2532       A BILL TO BE ENTITLED   AN ACT   relating to investigating and responding to complaints filed   against the Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 40.0041, Human Resources Code, is   amended to read as follows:          Sec. 40.0041.  COMPLAINT PROCESS. (a)  Complaints against   the Department of Family and Protective services by members of the   public, consumers, department employees, and service recipients in   connection with any investigation or action taken by the department   shall be received and investigated by the Health and Human Services   Commission Office of Inspector General. The executive commissioner   of the Health and Human Services Commission, in consultation with   the office of the inspector general and the commissioner of the   Department of Family and Protective Services, 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 departmentoffice of inspector general personnel   responsible for receiving complaints and providing related   assistance; and                      (B)  of the department'soffice'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 departmentoffice of   inspector general provide information by mail or telephone   regarding the department's procedures for investigating and   resolving a complaint to each person who makes a complaint; and                (4)  a requirement that the departmentoffice of   inspector general provide status information via phone, email, or   other written communication at least quarterly to a person with a   pending complaint against the department, unless the information   would jeopardize an undercover investigation.          (a-1)  Any of the functions in Section (a) previously handled   by the department's Office of Consumer Relations or other entity   housed within the department shall be fully transferred to the   Health and Human Services Commission's office of inspector general.   Within 3 months after the effective date of this Act, the   commissioner of the Department of Family and Protective Services   shall transfer all department funds and resources, including any   and all applicable information technology, allocated for   performing the duties described in Section (a) to the Health and   Human Services Commission Office of Inspector General. The   commissioner of the Department of Family and Protective Services,   in consultation with the executive commissioner of the Health and   Human Services Commission and office of inspector general, shall   adopt any rules necessary for achieving this purpose.          (b)  In addition to other appropriate methods, the   department may provide the information specified by Subsection   (a)(1):                (1)  on each registration form, application, or written   contract for services of a person regulated by the department;                (2)  on a sign prominently displayed in the place of   business of each person regulated by the department; or                (3)  in a bill for service provided by a person   regulated by the department.          (c)  In performing the functions described in Section (a),   the office of the inspector general shall have the authority to:                (1)  make recommendations for corrective and remedial   actions to be taken by the department in connection with individual   complaints and enforce compliance with those recommendations;                (2)  audit the department in connection with a   complaint investigation;                (3)  obtain any and all department data necessary for   completing an investigation; and                (4)  open any investigation it deems necessary for   ensuring department or agency compliance with law, procedure, or   policy.          (c-1)  the department shall fully cooperate with any   investigation and provide data or other information requested by   the office of inspector general in connection with an investigation   within 14 business days of receipt of the request.          (cd)  The departmentoffice of inspector general shall keep   an information file about each complaint made against the   department that the departmentoffice has authority to resolve.          (de)  The executive commissioner of the Health and Human   Services Commission, in consultation with the inspector general and   the commissioner of the Department of Family and Protective   Services, 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.          (ef)  The departmentoffice of inspector general shall   develop and maintain a centralized tracking system to gather   information concerning all complaints made against the department   throughout the state. The departmentoffice of inspector general   shall require its personnel to provide information regarding each   complaint for inclusion in records maintained under the tracking   system at the department'sHealth and Human Services Commission's   state headquarters, regardless of the location or level at which   the complaint is initiated or resolved. The department shall   require at least the following minimum information toshall 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   departmentoffice of inspector general 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 department   office of inspector general to require no corrective action, an   explanation of the reason that the complaint was closed without   action.          (fg)  The departmentoffice of inspector general shall   periodically prepare and deliver reports to the executive   commissioner of the Health and Human Services Commission,and the   commissioner of the Department of Family and Protective Services,   the Office of the Governor, and the Chairs of the House Human   Services Committee and Senate Health and Human Services Committee   regarding the number, type, and resolution of complaints made in   the state against the department.          (gh)  The department shall cooperate with the ombudsman for   children and youth in foster care to create consequences, based on   the circumstances of the complaint and the severity of the   retaliation, for any person who is found to have retaliated against   a child or youth in the conservatorship of the department because of   a complaint made to the ombudsman.          (hi)  The executive commissioner shall adopt rules requiring   all residential child-care facilities in which children and youth   in the conservatorship of the department are placed to display   information about the ombudsman for children and youth in foster   care and the process for filing a complaint with the ombudsman in a   location that is easily accessible and offers maximum privacy to   the children and youth residing at the facility.          SECTION 2.  Section 531.102, Government Code, is amended to   read as follows:          Sec. 531.102.  OFFICE OF INSPECTOR GENERAL. (a)  The   commission's office of inspector general is responsible for 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   services through any state-administered health or human services   program that is wholly or partly federally funded or services   provided by the Department of Family and Protective Services, and   the enforcement of state law relating to the provision of those   services. The commission's office of inspector general shall also   be responsible for receiving, investigating, and responding to   complaints filed by members of the public, consumers, department   employees, and service recipients against the Department of Family   and Protective Services in accordance with 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.