If you suspect that a loved one is being mistreated or neglected in a nursing home, assisted living facility, or any state-licensed care setting, you may feel outraged, heartbroken—and unsure of what to do next. In Texas, the Health and Human Services (HHS) Commission is the agency responsible for investigating reports of elder abuse in long-term care facilities.

At The Law Office of David M. Kennedy, we understand how emotionally and legally overwhelming this process can be. With decades of experience in personal injury and elder abuse cases, we are here to help you pursue justice—and ensure your complaint is taken seriously. It is not a difficult process, but there are certain things you can do to ensure a more responsive investigation is done.

What Is Texas HHS and What Do They Investigate?

The Texas Health and Human Services Commission (HHSC) oversees long-term care facilities such as nursing homes, assisted living centers, home health providers, and other state-licensed care environments. When a complaint is filed, HHS may initiate an inspection or investigation to determine whether state and federal regulations have been violated.

Typical issues reported to HHS include:

• Physical, emotional, or sexual abuse
• Medical neglect or failure to provide medications
• Unsanitary or unsafe living conditions
• Inadequate staffing or untrained personnel
• Financial exploitation

But here’s the catch: filing a complaint is only the beginning. However, the best thing about the HHS investigation is not only can they review the charts and question employees before making their report, they do it all at their expense. If done soon enough, it can be done prior to the facility having the warning and time to falsify records or get their stories straight.

Step-by-Step: How to File a Complaint

You can submit a complaint to HHS in the following ways:

1. Online: Through the Texas HHS Complaint Portal
2. By Phone: Call 1-800-458-9858 (available 24/7)
3. By Mail or Fax: You can submit a complaint form by mail or fax, though these methods are slower.

We always suggest the phone call, and have never had a complaint from our clients after they made that call. If done right, HHS has always seemed receptive to our complaints. You’ll need to provide as much detail as possible – but not too much, including:

• The name and address of the facility
• The resident’s name
• A description of the abuse or neglect
• Names of potential witnesses or staff members involved
• Dates and times of incidents

While this may sound straightforward, many families struggle to know what to include—or how to express their complaint in a way that triggers a thorough investigation. We can counsel you in that regard, and help your chances of receiving a focused HHS investigation.

The Complaint Gets the Ball Rolling and is Just Part of the Process

While the HHS complaint process is available to the public, it is not a substitute for legal action—and not every complaint results in a proper investigation. That’s where the experience of a seasoned personal injury attorney becomes crucial.

At The Law Office of David M. Kennedy, we can:

• Hear your concerns and help you get down in the most precise wording, how to let HHS know what the main issues are. Overloading with facts or suspicions or being too vague with your complaint may result in a missed opportunity that is too important to lose.
• If possible and while we wait on the HHS report, preserve critical evidence that may be needed later in court.
• Advocate for your loved one’s rights through legal channels, not just administrative ones if we determine a lawsuit is warranted.
• Pursue compensation for injuries, pain and suffering, medical costs, emotional trauma, and potentially, punitive damages

Even if Texas HHS finds a facility in violation of regulations, that outcome alone doesn’t provide restitution for the victim. Only a civil lawsuit can pursue financial compensation and hold wrongdoers accountable in court.

The HHS Complaint is Only the First Step

Many families file complaints with good intentions, only to discover that their concerns were dismissed, delayed, or never acted upon. Some of this is due to the State of Texas or Oklahoma rejecting federal funding for Medicaid, thus losing important funding for investigations. Regardless of the reason, an unsatisfactory outcome to the HHS complaint is not the end of the story, as our firm does its own investigation and if warranted, pursuit of a lawsuit may still be advised.

What Happens After We File a Complaint with Texas HHS?

Once a complaint is received, HHS will review the information and determine whether to initiate an inspection. If an investigation occurs, HHS may:

• Interview residents, staff, and family members
• Review medical and facility records
• Issue citations or fines if violations are found

You will typically receive notification about the outcome along with a written report that is redacted to protect privacy, and often includes other victims of abuse. But, it may not resolve your concerns. In many cases, a parallel legal investigation is the only way to obtain a just outcome. If, however, we can get a good HHS investigation outcome, it may very well be admissible in court and goes a long way toward convincing the insurance company to resolve the case with our clients.

Turn Your Complaint into Action—with Legal Help

If your loved one has been harmed, don’t let bureaucracy stand in the way of justice. Filing a complaint with Texas HHS is a critical step—but it’s not the whole journey. With the support of a skilled attorney, you can ensure your voice is heard and your family is protected.

David M. Kennedy has spent decades fighting for victims of neglect, abuse, and personal injury in Texas. We don’t just help with complaints—we pursue justice with the full power of the law.

Contact The Law Office of David M. Kennedy Today

Don’t navigate this complex process alone. Let us guide you through every step. Our law office can help you make your complaint with Texas HHS, and in many cases, pursue compensation in civil court.

📞 Call us today at (903) 819-0720
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We’re here to protect your family—because every life deserves dignity, safety, and justice.