| (a) Once OBH staff have determined all pertinent information
has been gathered and their investigation of a complaint is complete,
they determine if the complaint is substantiated, unsubstantiated,
or unable to be substantiated.
(b) A written response requested by a consumer or the
consumer's LAR includes:
(1) a description of the steps taken to investigate
the complaint;
(2) a description of what OBH found as a result of
their investigation; and
(3) if a complaint is:
(A) substantiated, a description of the actions taken
in response; or
(B) unsubstantiated, a description of additional steps
the consumer can take to have someone review the consumer's concerns
(e.g., a referral to Disability Rights Texas).
(c) If the consumer provides consent, OBH staff also
notify the consumer's health care provider of the outcome of a complaint.
(d) OBH staff notify the rights protection officer
that reviewed a case of the OBH finding. On a substantiated complaint,
the superintendent of the relevant state hospital or the HHSC staff
responsible for enforcement of the LBHA or LMHA contract is also asked
to respond with a summary of actions taken. If a response is received,
OBH staff upload the response into the HEART system.
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