Chapter 4, Personal Rights

Revision 23-1, Effective Nov. 13, 2023

4.1 Complaint Process

Revision 23-1, Effective Nov. 13, 2023

4.1.1 Filing a Complaint with the Texas Health and Human Services Commission

Revision 23-1, Effective Nov. 13, 2023

A person, their representative, subcontractor or organization may file a complaint with HHSC alleging that a requirement of independent living services was violated. A complaint may be filed directly with the HHSC Independent Living Program director or HHSC Office of the Ombudsman without having been filed with the service provider.

Contact the HHSC Office of the Ombudsman to file a complaint by:

  • mail: Texas Health and Human Services Commission, Office of the Ombudsman, MC H-700; P.O. Box 13247, Austin, TX 78711-3247;
  • phone: 877-787-8999 or Relay Texas for people with a hearing or speech disability: 7-1-1 or 800-735-2989;
  • fax: 888-780-8099; or
  • online: HHSC’s Ombudsman page.

A complaint may also be filed by contacting the Independent Living Program director’s office by email or phone at 210-330-4300.

Get more information about the complaint process by calling the Office of the Ombudsman at 877-787-8999 or Relay Texas for people with a hearing or speech disability: 7-1-1 or 800-735-2989.

4.1.2 Filing a Complaint with the Client Assistance Program (CAP)

Revision 23-1, Effective Nov. 13, 2023

The Client Assistance Program (CAP) is federally funded and mandated under the Act to provide information, help, and advocacy for people with disabilities who are seeking or receiving services from programs, including the Independent Living Services Program. CAP services can include:

  • informing the person of his or her rights;
  • providing information about services and benefits of the program;
  • advocating for people in their relationship with the program;
  • helping the person understand and use the appeals process;
  • assisting the person and systemic advocacy in relation to the program that may include policy issues and changes; and
  • resolving issues at the lowest level possible.

The CAP is implemented by Disability Rights Texas (DRTx), a legal services organization whose mission it is to protect the human, service, and legal rights of persons with disabilities in Texas.

DRTx advocates are not employees of any state agency. There are no fees for CAP services, which are provided by advocates and attorneys when necessary. Services are confidential.

Service providers must use accessible formats to notify people with disabilities who are prospective or current consumers about:

  • the availability of the CAP;
  • the purposes of the services provided under the CAP; and
  • how to contact the CAP.

Service providers must notify people of the CAP at application, the development of the independent living plan, and anytime services are reduced, suspended or terminated.

A person or their representative may file a complaint with DRTx alleging that a requirement of independent living services was violated. The complaint need not be filed with the service provider.

File any complaints by:

  • phone: 800-252-9108; or
  • videophone: 866-362-2851.

More information about the complaint process is available by calling DRTx at 800-252-9108 or videophone at 866-362-2851.

4.1.3 Complaint Investigation

Revision 23-1, Effective Nov. 13, 2023

Service providers must participate in the complaint investigation process initiated with the HHSC Independent Living Program manager, HHSC Office of the Ombudsman or Client Assistance Program. This includes responding to all requests for information necessary to investigate allegations that a requirement of independent living services was violated. The service provider must ensure that attempts are being made to resolve the complaint. Service provider responses to complaints must be received, in their entirety, within deadlines provided by the complaint investigator.