| (a) HHSC may enter the premises of a facility at reasonable
times and make an inspection necessary to issue a license or renew
a license. HHSC inspection and survey personnel perform inspections
and surveys, follow-up visits, complaint investigations, investigations
of abuse or neglect, and other contact visits as required for carrying
out the responsibilities of licensing.
(b) Generally, all inspections, surveys, complaint
investigations, and other visits, whether routine or nonroutine, made
for the purpose of determining the appropriateness of client care
and day-to-day operations of a facility are unannounced. Any exceptions
must be justified.
(c) Certain visits may be announced, including initial
architectural inspections, visits to determine the progress of physical
plant construction or repairs, equipment installation or repairs,
systems installation or repairs, or conditions when certain emergencies
arise, such as fire, windstorm, or malfunctioning or nonfunctioning
of electrical or mechanical systems.
(d) Any person may request an inspection of a facility
by notifying HHSC of an alleged violation of a licensing requirement.
The complaint should be as detailed as possible and signed by the
complainant; however, HHSC does investigate anonymous complaints.
Unless a complaint is anonymous, HHSC responds to the complainant
in writing but without the outcome of the investigation.
(e) If the complaint alleges abuse, neglect, or exploitation,
HHSC performs an inspection as soon as feasible but not later than
the 14th day after the date HHSC receives the complaint, unless after
an investigation the complaint is found to be frivolous. If the complaint
does not allege abuse, neglect, or exploitation, HHSC investigates
the complaint not later than the 45th day after the date HHSC receives
the complaint.
(f) The facility must make all its books, records,
electronic records, and other documents maintained by or on behalf
of a facility accessible to HHSC upon request.
(1) HHSC is authorized to photocopy documents, photograph
clients, and use any other available recording devices to preserve
all relevant evidence of conditions found during an inspection, survey,
or investigation.
(2) Examples of records and documents that may be requested
and photocopied or otherwise reproduced are client medical records,
including nursing notes, pharmacy records, medication records, and
prescribing practitioner's orders.
(3) The facility may charge HHSC at a rate not to exceed
the rate HHSC charges for copies. The procedure of copying is the
responsibility of the director or his or her designee. If copying
requires that the records be removed from the facility, a representative
of the facility is expected to accompany the records and ensure their
order and preservation.
(4) HHSC protects the copies for privacy and confidentiality
in accordance with recognized standards of medical records practice,
applicable state laws, and HHSC policy.
(5) If a facility maintains electronic records, it
must have a mechanism for printing all documentation if a surveyor
or investigator requests a printed copy.
(g) HHSC does not reveal the source of a complaint.
(h) HHSC inspects a facility at least once every two
years after the initial inspection.
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| Source Note: The provisions of this §559.81 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective October 29, 2018, 43 TexReg 7219; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249; amended to be effectiveJuly 10, 2024, 49 TexReg 4909 |
