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.26 Tex. Admin. Code § 87.419
Adopted by Texas Register, Volume 44, Number 02, January 11, 2019, TexReg 261, eff. 1/10/2019; Amended by Texas Register, Volume 47, Number 50, December 16, 2022, TexReg 8274, eff. 12/21/2022