SECTION 87.419. Substantiating and Closing Complaints

(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.

Source Note: The provisions of this §87.419 adopted to be effective January 10, 2019, 44 TexReg 252; amended to be effective December 21, 2022, 47 TexReg 8273