1 TAC §351.9
The Health and Human Service Commission (HHSC) adopts the
amendments to §351.9, Public Complaints. The proposed amendment is adopted
with one change to the proposed text as published in the November 11, 2005,
issue of the
Texas Register
(30 TexReg 7330).
The text of the rule will be republished.
The amendment to §351.9 outlines the process by which members of the
public, consumers, and recipients of health and human services may submit
complaints to the Commission. The amendment updates the current complaint
process and corrects the contact information for filing complaints with the
Commission. The amendment also updates references to Government Code §531.011(d),
previously Texas Civil Statutes, Article 4413(502), §12(c).
A non-substantive change was made to subsection (c) of the rule to correct
the name of one of the Health and Human Services agencies.
HHSC did not receive any comments regarding the proposed rule during the
comment period, which included a public hearing on November 14, 2005.
The amendment is adopted under the Texas Government Code, §531.033,
which provides the Executive Commissioner of HHSC with broad rulemaking authority
and authorizes the Executive Commissioner to adopt rules necessary to implement
HHSC's duties under Chapter 531; and §531.011 and §531.409 of the
Government Code, which authorize the Executive Commissioner to adopt rules
informing the public about how to submit complaints to HHSC.
§351.9.Public Complaints.
(a)
Introduction. The Health and Human Services Commission
(HHSC) adopts this rule in compliance with Texas Government Code §531.011(d),
which states: The Commissioner by rule shall establish methods by which the
public, consumers, and service recipients can be notified of the mailing addresses
and telephone numbers of appropriate agency personnel for the purpose of directing
complaints to the Commission.
(b)
How and where to make complaints. Complaints may be sent
by mail to HHSC at P.O. Box 85200, Mail Code H-700, Austin, Texas 78708-5200,
by telephone to 1-877-787-8999, by email to contact@hhsc.state.tx.us, or by
fax to 512/491-1967. Complaints should be addressed to the attention of the
HHSC Office of the Ombudsman.
(c)
Types of complaints. HHSC accepts complaints about functions,
services, programs or staff of the Health and Human Services Commission and
the health and human services departments subject to its oversight: the Department
of Assistive and Rehabilitative Services (DARS), Department of Aging and Disability
Services (DADS), Department of State Health Services (DSHS), and Department
of Family Protective Services (DFPS).
(d)
Procedure for resolving complaints. The HHSC Office of
the Ombudsman coordinates with the appropriate HHSC program or health and
human services (HHS) department to assist in resolving complaints. The Office
of the Ombudsman or the appropriate HHSC program or HHS department responds
directly to the complainant. The Office of the Ombudsman may follow-up if
it believes the HHSC program's or HHS department's response to the complainant
is inadequate. Complaints are acknowledged within 5 business days and resolved
within 30 calendar days of receipt. A copy of this complaint process is available
in writing upon request to the HHSC Office of the Ombudsman and is also available
on the HHSC Office of the Ombudsman website at http://www.hhs.state.tx.us/OMB.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 19, 2006.
TRD-200600277
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Effective date: February 15, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 424-6900