Texas Administrative Code

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
RULE §361.203	Complaint Investigations

(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;

(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.

Source Note: The provisions of this §361.203 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983