Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 361 - GUARDIANSHIP SERVICES
Subchapter E - CONTRACT MONITORING AND COMPLIANCE
Section 361.203 - Complaint Investigations

Universal Citation: 26 TX Admin Code ยง 361.203

Current through Reg. 49, No. 38; September 20, 2024

(a) DADS conducts a complaint investigation of a contractor's services if DADS receives complaints that relate to program rules or procedures, or the contractor's employees or volunteers.

(b) DADS may conduct a complaint investigation at any time without notice to the contractor.

(c) DADS does not disclose the name of the individual who made the complaint unless specifically ordered to by a court of law or requested by law enforcement to disclose to law enforcement.

(d) During the complaint investigation, the contractor must provide:

(1) adequate working space for reviewing the records; and

(2) all records DADS requests for the review.

(e) DADS may conduct a follow-up to the complaint investigation to determine if the contractor has corrected the findings identified during the complaint investigation. A follow-up complaint investigation may:

(1) be a focused review using targeted samples;

(2) focus only on those standards that DADS determined to be out of compliance at the immediately preceding complaint investigation; and

(3) include:
(A) a review of a sample of wards' records to determine if the allegations are valid and if the complaint affects more than the ward whom the complaint concerned;

(B) interviews with wards and staff;

(C) observation of wards and staff;

(D) consultation with others, as appropriate; and

(E) other activities, as appropriate.

(f) DADS may expand the review period or the review sample for a complaint investigation or follow-up complaint investigation at any time.

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