Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 87 - OMBUDSMAN SERVICES › Subchapter D - OMBUDSMAN FOR BEHAVIORAL HEALTH › Section 87.411 - Referrals to Other HHS Offices or Other Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) If a consumer, the consumer's LAR, or a
				  health care provider contacts OBH seeking information or wishing to complain
				  about an HHS program other than behavioral health, the consumer, the consumer's
				  LAR, or the health care provider is transferred to OO staff that handle
				  complaints regarding those programs. OBH staff inform the consumer, the
				  consumer's LAR, or the health care provider of this referral and document it in
				  the HEART system.
(b) A resident of
				  a state supported living center (SSLC), the consumer's LAR, or a health care
				  provider is referred to the Office of the Independent Ombudsman for SSLCs
				  established by Texas Health and Safety Code Subchapter C of Chapter 555. OBH
				  staff inform the consumer, the consumer's LAR, or the health care provider of
				  this referral and document it in the HEART system.
(c) A consumer, the consumer's LAR, or a
				  health care provider seeking to complain about treatment of a substance use
				  disorder at a facility regulated by the HHSC Regulatory Services Division or
				  seeking to complain about inappropriate commitment at a facility regulated by
				  the HHSC Regulatory Services Division is transferred to staff in that division.
				  OBH staff inform the consumer, the consumer's LAR, or the health care provider
				  of this referral and document it in the HEART system.
(d) A referral is made to the IDD Ombudsman
				  for a consumer receiving IDD services in the community through Home and
				  Community-based Services or the Texas Home Living Program, a consumer receiving
				  services from a local IDD authority, or the LAR or health care provider of one
				  of these consumers. OBH staff inform the consumer, the consumer's LAR, or the
				  health care provider of this referral and document it in the HEART
				  system.
(e) A consumer presenting
				  with concerns of imminent threat to the health or safety of the consumer or
				  others is conferenced with LBHA or LMHA crisis services or local law
				  enforcement. OBH staff stay connected with the consumer until crisis services
				  are obtained. OBH staff document the referral in the HEART system.
(f) A contact that relates to interstate
				  transfer of a consumer in need of behavioral health services is referred to the
				  HHSC Emergency Services Program's Repatriation Program. OBH staff inform the
				  consumer, the consumer's LAR, or a health care provider of this referral and
				  document it in the HEART system.
(g) A contact where a consumer, the
				  consumer's LAR, or a health care provider alleges a Health Insurance
				  Portability and Accountability Act violation by state hospital staff is
				  referred to the HHSC Privacy Office. A contact where a consumer, the consumer's
				  LAR, or the health care provider alleges a HIPAA violation by an LBHA or LMHA
				  staff is referred to the LBHA's or LMHA's contract manager within HHSC's
				  IDD-Behavioral Health Services Department. OBH staff inform the consumer, the
				  consumer's LAR, or the health care provider of the referral and document it in
				  the HEART system.