Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 49.
CONTRACTING FOR COMMUNITY CARE SERVICES
40 TAC §49.13, §49.14
The Texas Department of Human Services (DHS) proposes an
amendment to §49.13, concerning client rights and responsibilities and
proposes new §49.14, concerning complaint procedures, in its Contracting
for Community Care Services chapter. The purpose of the proposal is to make
editorial changes which make community care generic contracting rules consistent
with Day Activity and Health Services rules in Chapter 98, Adult Day Care
and Day Activity and Health Services Requirements, of this title. These changes
also include a new requirement that contractors maintain a log of client complaints
which is accessible to DHS staff.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be that rules applicable to Community Care program will
be more consistent. There will be no effect on large, small, or micro businesses,
because the expenses to maintain the new requirement, accessible logs of complaints,
are minimal. There is no anticipated economic cost to persons who are required
to comply with the proposed sections.
Questions about the content of this proposal may be directed to Gerardo
Cantu at (512) 438-3693 in DHS's Community Care for Aged and Disabled Division.
Written comments on the proposal may be submitted to Supervisor, Rules and
Handbooks Unit-239, Texas Department of Human Services E-205, P.O. Box 149030,
Austin, Texas, 78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment and new section are proposed under the Human Resources
Code, Title 2, Chapters 22 and 32, which authorizes the department to administer
public and medical assistance programs and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment and new section implement the Human Resources Code, §§22.001-22.003
and §§32.001-32.042.
§49.13.Client Rights and Responsibilities.
(a)-(c)
(No change.)
(d)
The provider agency must not require clients
to perform services for the provider agency or other clients.
[(d)
The provider agency must:]
[(1)
date stamp all written complaints received;]
[(2)
document verbal complaints;]
[(3)
investigate and resolve all complaints, problems,
or deficiencies and noncompliance with policies, procedures, and standards,
which are reported by the client or DHS staff, within the five workdays from
the receipt of the report unless a different time frame is found in the service-specific
manual. The documented complaint and resolution must be maintained by the
provider agency and a copy submitted to DHS within 30 days of the receipt
of the report;]
[(4)
obtain the client's initials when a client-initiated
complaint is resolved or obtain a witness's signature when the client refuses
to sign; and]
[(5)
not require clients to perform services for the provider
agency or other clients.]
§49.14.Complaint Procedures.
The provider agency must investigate and document all complaints as
follows:
(1)
date stamp all written complaints received;
(2)
document verbal complaints;
(3)
maintain a log of the client complaints. The log of
complaints must be accessible to the department's contract manager;
(4)
investigate and resolve all complaints, problems,
or deficiencies and noncompliance with policies, procedures, and standards,
which are reported by the client or the Texas Department of Human Services
(DHS) staff, within the five workdays from the receipt of the report unless
a different time frame is found in the service-specific manual. The documented
complaint and resolution must be maintained by the provider agency and a copy
submitted to DHS within 30 days of the receipt of the report;
(5)
obtain the client's initials when a client-initiated
complaint is resolved or obtain a witness's signature when the client refuses
to sign; and
(6)
not require clients to perform services for the provider
agency or other clients.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on June 16, 2000.
TRD-200004235
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 438-3108
Subchapter H. DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS
Chapter 98.
ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS