SECTION 87.515. Research and Communication with HHS Programs

(a) IDDO staff review all available information about an individual with IDD through inquiry into HHS program systems before sending a contact to their program provider or the rights protection officer at the relevant LIDDA for review, if needed.

(b) Each complaint is investigated to determine if HHS policy was followed by HHS staff and vendors contracted to provide services, including program providers and LIDDA staff. Applicable policies include federal and state law, administrative rules, HHSC contracts, and internal program policies and procedures.

(c) When IDDO research through available systems is not sufficient to address the concern or determine whether a complaint can be substantiated, IDDO staff request a response from HHS program staff, program providers, or the rights protection officer at the applicable LIDDA, if individuals with IDD or their LARs have consented to discussion of the contact.

(d) Upon receipt of a response from HHS program staff, program providers, or a rights protection officer, IDDO staff review to determine if the concerns have been addressed and if IDDO staff can determine whether a complaint can be substantiated. If the response is found to be inadequate by IDDO staff or if additional information is required, IDDO staff refer the contact back to HHS program staff, the program provider, or the rights protection officer for additional review.

Source Note: The provisions of this §87.515 adopted to be effective December 21, 2022, 47 TexReg 8273