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's statutory authority for subrogation is Section 111.059 of DRS's Enabling Act (Title 7, Human Resources Code, Vernon's Texas Codes Annotated).
DRS usually does not purchase goods or services for consumers when there are other sources to cover these expenses. However, *DRS funds can be used before a settlement or judgment is reached in a workers' compensation or liability case when funds are not available at the time needed to ensure that the consumer's progress toward the employment goal is not delayed.*
*Based on 34 CFR Section 361.53(a).
When DRS funds are expended on behalf of a consumer who has filed litigation or other legal claims, DRS helps recover those funds.
DRS pursues recovery of expenditures in the following two types of cases:
Ask the consumer if he or she has retained an attorney or is pursuing a claim related to his or her disability
If the consumer has retained an attorney or is pursuing a claim related to his or her disability,
Legal Services, also known as the Office of the General Counsel (OGC)
Department of Assistive and Rehabilitative Services
4800 N. Lamar Blvd., Ste. 300 MC1419
Austin, TX 78756-3178
DRS field staff members are not required to track a subrogated case until it is resolved.
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
Use DARS3500, Subrogation Report when the
Upon receiving notification of a subrogation case, the subrogation coordinator begins efforts to recover costs.
DRS recovery begins when
When Legal Services finalizes a settlement of a subrogation claim, the consumer's attorney often will submit a request for a waiver of all or part of the DRS subrogation lien. When this happens, the Subrogation Coordinator
The counselor of record (or unit manager)
When all necessary documents, including the counselor's assessment responses, are received, Legal Services will use the information provided to negotiate an appropriate settlement amount for the subrogation claim, if warranted.
The final settlement amount may range from 0 percent to 100 percent of the total lien amount claimed by DRS.
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 Employee Policies and Services Web site.