Legislative Blog

J.B. Williams, J.D.

Another bill that modifies the Government Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 3462 - Creating ombudsman for oversight of a multitude of matters

Another bill that modifies the Government Code

Published: 2024-05-06

HB 3462

Consolidation of ombudsman program administered by the Health and Human Services Commission

The executive commissioner shall establish the following ombudsman programs consisting with the laws for each:

1. health and human services office of ombudsman;
2. ombudsman for children and youth in foster care;
3. ombudsman for managed care assistance;
4. ombudsman for behavioral health access to care; and
5. ombudsman for individuals with an intellectual or developmental disability

The executive commissioner shall appoint an ombudsman for each ombudsman program to serve at the will of the executive commissioner. A person may not serve as ombudsman if they or their spouse:

1. is employed by or participate in management of a business entity receiving funds from the commission; or
2. owns or controls any interest in a business entity receiving funds from the commission; or
3. is required to register as a lobbyist under Chapter 305 because their activities for compensation relate to the operation of the commission

The ombudsman serves as an impartial party in assisting:

1. children and youth in conservatorship of the department with complaints with issues under the authority of the commission; and
2. persons with a complaint against the commission regarding case-specific activities within the health and human services system

The ombudsman shall develop and implement statewide procedures for receiving complaints from children and youth in department conservatorship and other persons with complaints against programs within the health and human services system. They shall conduct an investigation into the complaints that allege violations of commission or department procedures or policies. They will refer to the commission any trends or systemic issues for resolution. And they shall provide assistance to the addition of any person, including children, making complaints involving exploitation; and for persons making complaints involving abuse or neglect.

There are modifications which specifically place the ombudsman in for rules on confidentiality and providing their contact information. If an ombudsman makes a recommendation to the commission, the commission must provide written notice on whether they implemented the recommendation. And if the recommendation was not implemented, then the reason for rejecting it.

Most of the remainder are modification to existing code. Notations will be made for anything that is completely added.

Ombudsman for children and youth in foster care must:

1. receive complaints from children and youth in department conservatorship;
2. inform them about the result of the investigation; and
3. collaborate with the department to develop outreach plan for these children and youth

Ombudsman for managed care assistance to those enrolled in or applying for Medicaid coverage, with priority to those with urgent or immediate medical or support needs. This program was already in place but now requires an ombudsman appointment. As is true of the behavioral health program as well.

There is a new requirement for ombudsman for those with intellectual or developmental disability. It will assist them with complaints or grievances regarding infringement of rights or delivery of intellectual disability services. (If I'm not mistaken the agency providing the rights previously had a division or group of individuals whose task it was to address these matters.)

Communications with an ombudsman remains confidential, and the records of the ombudsman are confidential and must be maintained as such.

Each ombudsman shall prepare an annual report that contains the following information:

1. description of their work;
2. any changes made by the commission or department in response to a complaint;
3. a description of any trends in the nature of the complaints, or systemic issues identified by the ombudsman during investigation
   • any recommendations regarding these trends or issues;
   • an evaluation of the feasibility of the recommendations
4. glossary of terms used in the report;
5. description of the methods used to promote awareness and the plan for the following year;
6. any public feedback

Each report must be submitted to the governor, lieutenant governor, standing committee in the legislature, each member of the legislature, and the executive commissioner. Each report shall be made public by the commissioner on the commission's Internet website.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.