DRS places the highest priority on maintaining the consumer's rights while he or she participates in the rehabilitation process. The consumer should know that DRS counselors and staff vigilantly secure the consumer's personal
Systems to monitor service delivery include explicit and implicit processes for maintaining a safe and secure environment within which the consumer progresses toward goals. When you and the consumer do not agree about furnishing or denying services, systems exist to safeguard the consumer's
Maintaining these rights supports key values of DARS and DRS.
DRS may use a consumer's personal information only for purposes directly connected with administering the rehabilitation program, unless the consumer authorizes its release.
DRS may not share information with advisory or other bodies that do not have official responsibility for administering the program.
See Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information for DARS policy on releasing consumer information.
Subrogation is the process of recovering claims for medical and rehabilitation service costs by DRS against a person's right of recovery. DRS usually does not expend funds on consumers when there are other sources for payment. However, you sometimes encumber funds for consumer services before a settlement or judgment is reached in a workers' compensation or liability case.
When these funds are expended on behalf of a consumer who has filed litigation or other legal claims, DRS acts to recover its funds with the least amount of DRS financial loss.
Legal Services helps recover funds due DRS. You need not track a subrogated case until its resolution.
DRS's statutory authority for subrogation is Section 111.059 of DRS's Enabling Act (Title 7, Human Resources Code, V.T.C.A.).
DRS pursues recovery of expenditures in two types of cases:
DARS3500, Subrogation Report, page 3, explains to a consumer DRS's subrogation process.
When you become aware of a lawsuit and/or an insurance claim, or the possibility of one,
The subrogation coordinator in Legal Services is available to help you with questions regarding the DARS3500.
You must notify the subrogation coordinator by
Department of Assistive and Rehabilitative Services
4800 N. Lamar Blvd., Ste. 300 MC1419
Austin, TX 78756-3178
Upon receiving notification of a subrogation case, the subrogation coordinator begins efforts to recover costs.
Use DARS3500, Subrogation Report when the
Legal Services provides all legal support and representation regarding subrogation, including legal intervention in lawsuits. In addition, the office acts as a liaison with the Office of the Attorney General. Within Legal Services, the subrogation coordinator
DRS recovery begins when
In compliance with Health and Human Services policy, DRS does not exclude, deny benefits, limit participation, or otherwise discriminate against any person in the administration of services on the basis of
DRS management takes necessary steps to ensure that commitment to civil rights is reflected in both words and actions.
Any discrimination complaint DRS receives, either directly from a consumer or through an external compliance agency, must be forwarded to the HHSC Civil Rights Office within 10 calendar days of receipt by the DRS staff member receiving the complaint.
Detailed information about policies, services, and procedures may be found at the HHSC Civil Rights Policies and Services Web site.