Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990 Page: 7,267
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(2) The notification of a com-
plaint must be in writing and mailed to the
Director, HIV Division, Texas Department
of Health, 1100 West 49th Street, Austin,
Texas 78756-3199.
(3) Upon receipt of a com-
plaint, the director shall send an acknowl-
edgement letter to the complainant within
15 days, if the complainant is identified to
the director.
(b) Investigation of complaints.
(1) The department shall not in-
vestigate complaints which lack sufficient
information. The department reserves the
right to request additional, verifiable infor-
mation from the complainant. If the addi-
tional information is not provided within 30
days, the department may close the com-
plaint file without further action.
(2) The department will not in-
vestigate complaints regarding the personal
activities of employees of a provider.
(3) Anonymous complaints shall
be investigated by the department, provided
sufficient, verifiable information is submit-
ted.
(4) Investigations of complaints
under this section shall be conducted by the
commissioner or the commissioner's desig-
nee.
(5) The identity of the person(s)
involved in filing the complaint and the
person on whose behalf the complaint is
filed will be privileged information of the
department, to the extent allowed by law.
(c) Actions after investigation. The
department shall have 60 days after receipt
of complaint (or of additional information
requested) to investigate the complaint. If at
the end of this 60-day period the depart-
ment has been unable to complete its inves-
tigation, the department will so notify the
complainant, if known, in writing. The de-
partment will then have an additional 60
days to complete its investigation. After
investigation, the department shall take one
of the following actions.
(1) The department may deter-
mine that ar. allegation is groundless and
dismiss the complaint.
(2) The department may deter-
mine that a provider has violated a statute
or one of the rules of this subchapter and
shall issue a written warning to the provider
to cease the activity and/or take corrective
action within a specified period of time.
(A) If the provider complies
with the written warning, the department
shall close the complaint file.
(B) If the provider fails to
comply with the written warning, the de-
partment may modify, suspend, or terminatethe provider status in accordance with
98.29 of this title (relating to Modification,Suspension, or Termination of Provider Sta-
tus; Procedure).
(d) Notification of results of inves-
tigation. Whenever the department
dismisses a complaint or closes a complaint
file, the department shall give a summary
report of the final action to the AIDS Ser-
vices Advisory Committee, the complain-
ant, and the accused party.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 11,
1990.
TRD-9013399 Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of
Health
Proposed date of adoption: February 3, 1991
For further information, please call: (512)
458-7209
Subchapter B. HIV Education
Grant Program
AIDS/HIV Education-Providers
* 25 TAC 98.90
The Texas Department of Health proposes
new 98.90, concerning the HIV Education
Grant Program-AIDS/HIV Education Provid-
ers. The new section covers public com-
plaints. The purpose of the new section is to
provide a formal procedure by which the pub-
lic may file complaints alleging a violation by
a provider of the rules governing the HIV
Education Grant Program. Provision for pub-
lic comments on initial grant applications is
already provided under 98.82(e) of this
subchapter, relating to public hearings.
Stephen Seale, Chief Accountant III, Texas
Department of Health, has determined that
for the first five-year period that the section is
in effect there will be fiscal implications as a
result of enforcing or administering the sec-
tion as proposed. Based on the investigation
of an estimated eight annual complaints, the
cost to state government is anticipated to be
approximately $4, 200 per year. There will be
no fiscal implications for local government.
Mr. Seale also has determined that for each
year of the first five years the section as
proposed is in effect, the public benefit antici-
pated as a result of enforcing the section will
be to provide formal complaint procedures.
There will be no effect on small businesses
as result of enforcing the section. There will
be no anticipated cost to persons who are
required to comply with the section. There
also will be no impact on local employment.
Comments on the proposal may be submitted
to Christie Reed, Texas Department of
Health, HIV Division, Services Program, 1100
West 49th Street, Austin, Texas 78756, (512)
458-7209. Comments will be accepted for 30
days after publication of the proposed section
in the Texas Register.
The new section is proposed under the au-thority of the Human Immunodeficiency Virus
Services Act, Texas Civil Statutes, Article4419b-4, Article 2, which provides the Board
with the authority to adopt rules covering a
grant program for HIV services; and Health
and Safety Code, 12.001, which provides
the Texas Board of Health with the authority
to adopt rules for the performance of every
duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and
the Commissioner of Health.
98.90. Public Complaints.
(a) Filing of complaints.
(1) Anyone may complain to the
Texas Department of Health (department)
alleging that a provider has violated a stat-
ute or one of the rules of this subchapter. A
person wishing to complain about an al-
leged violation of the rules shall notify the
director of the HIV Division.
(2) The notification of a com-
plaint must be in writing and mailed to the
Director, HIV Division, Texas Department
of Health, 1100 West 49th Street, Austin,
Texas 78756-3199.
(3) Upon receipt of a com-
plaint, the director shall send an acknowl-
edgement letter to the complainant within
15 days, if the complainant is identified to
the director.
(b) Investigation of complaints.
(1) The department shall not in-
vestigate complaints which lack sufficient
information. The department reserves the
right to request additional, verifiable infor-
mation from the complainant. If the addi-
tional information is not provided within 30
days, the department may close the com-
plaint file without further action.
(2) The department will not in-
vestigate complaints regarding the personal
activities of employees of a provider.
(3) Anonymous complaints shall
be investigated by the department, provided
sufficient, verifiable information is submit-
ted.
(4) Investigations of complaints
under this section shall be conducted by the
Commissioner or the Commissioner's des-
ignee.
(5) The identity of the person(s)
involved in filing the complaint and the
person on whose behalf the complaint is
filed will be privileged information of the
department, to the extent allowed by law.
(c) Actions after investigation. The
department shall have 60 days after receipt
of complaint (or of additional information
requested) to investigate the complaint. If at
the end of this 60 day period the department
has been unable to complete its investiga-
tion, the department will so notify the com-
plainant, if known, in writing. The
department will then have an additional 60
days to complete its investigation. After
investigation, the department shall take oneof the following actions.
. Proposed Sections December 18, 1990 15 TexReg 7267
* Proposed Sections
December 18, 1990 15 TexReg 7267
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Texas. Secretary of State. Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990, periodical, December 18, 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth201791/m1/35/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.