2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter Y. Commission Ombudsman Programs › Section 531.993. Duties of Ombudsman

Sec. 531.993.  DUTIES OF OMBUDSMAN.  (a) An ombudsman serves as an impartial party in assisting:
(1)  children and youth in the conservatorship of the department with complaints regarding issues within the authority of the commission or department, as applicable; and
(2)  persons with a complaint against the commission regarding case-specific activities of the programs within the health and human services system.
(b)  An ombudsman shall:
(1)  develop and implement statewide procedures to:
(A)  receive complaints from:
(i)  children and youth in the conservatorship of the department; and
(ii)  other persons with a complaint against a program within the health and human services system;
(B)  review complaints filed with an ombudsman and take appropriate action, including:
(i)  conducting an investigation into individual complaints that allege violations of commission or department procedures or policies or other violations; and
(ii)  referring to the commission or department for resolution any trends or systemic issues identified in complaints;
(C)  provide any necessary assistance to:
(i)  children and youth in the conservatorship of the department in making complaints and reporting allegations of abuse, neglect, or exploitation under Chapter 48, Human Resources Code; and
(ii)  any other person in making complaints against a program within the health and human services system or reporting allegations of abuse, neglect, or exploitation under Chapter 48, Human Resources Code;
(D)  maintain the confidentiality of:
(i)  an ombudsman's communications and records;
(ii)  records of another person that have been provided to an ombudsman; and
(iii)  communications of another person with an ombudsman; and
(E)  ensure that any person who files a complaint with an ombudsman is informed of the results of the ombudsman's investigation of the complaint, including whether the ombudsman was able to substantiate the complaint;
(2)  collaborate with the commission to develop and implement an annual outreach plan to promote awareness of the ombudsman programs among the public and stakeholders that includes:
(A)  how an ombudsman may be contacted;
(B)  the purpose of an ombudsman; and
(C)  the services an ombudsman provides;
(3)  issue and file with the commission or department, as applicable, a report that contains an ombudsman's final determination regarding a complaint and any recommended corrective actions to be taken as a result of the complaint;
(4)  establish a secure form of communication with any individual who files a complaint with an ombudsman;
(5)  collaborate with the commission or department, as applicable, to identify consequences for any retaliatory action related to a complaint filed with an ombudsman, in accordance with Section 531.997; and
(6)  monitor and evaluate the corrective actions taken in response to a recommendation by an ombudsman.
(c)  An ombudsman's final determination in a report described by Subsection (b)(3) must include a determination of whether there was wrongdoing or negligence by the commission or department or an agent of the commission or department or whether the complaint was frivolous or without merit. If the ombudsman determines there was wrongdoing or negligence, the ombudsman shall recommend corrective actions to be taken by the commission or department.
(c-1)  The department and the commission shall provide written notice to an ombudsman on whether the department or commission adopted or rejected the ombudsman's recommended corrective action.  If the department or commission rejects a recommended corrective action, the department or commission shall include in the notice the reason for the rejection.
(d)  An ombudsman may attend any judicial proceeding related to a complaint filed with the ombudsman program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1168 (S.B. 830), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 906 (S.B. 213), Sec. 6, eff. September 1, 2017.
Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 8, eff. June 12, 2023.