| (a) The Texas Health and Human Services Commission
(HHSC) may enter the premises of an individualized skills and socialization
provider at reasonable times and perform a survey necessary to issue
a license or renew a license. HHSC survey personnel will perform 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 surveys, complaint investigations,
and other visits, whether routine or non-routine, made for the purpose
of determining the appropriateness of care of individuals and day-to-day
operations of an individualized skills and socialization provider
will be unannounced. Any exceptions must be justified.
(c) HHSC may conduct any survey or investigation as
a desk review, if appropriate, and at the discretion of HHSC, except
for the on-site components of:
(1) an initial survey; and
(2) a complaint investigation.
(d) Any person may request a survey of an individualized
skills and socialization provider by notifying HHSC Complaint and
Incident Intake at 1-800-458-9858 of an alleged violation of a licensing
requirement. HHSC performs an on-site survey as soon as feasible but
no later than 30 days after receiving the complaint, unless after
a preliminary investigation the complaint is found to be frivolous.
HHSC will respond to the complainant in writing if the complainant
provides a mailing address.
(e) HHSC receives and investigates anonymous complaints.
(f) The individualized skills and socialization provider
must provide all its books, records, and other documents maintained
by or on behalf of an individualized skills and socialization provider
to HHSC upon request.
(1) HHSC is authorized to photocopy documents, photograph
individuals, and use any other available recording devices to preserve
all relevant evidence of conditions found during a survey, or investigation
that HHSC reasonably believes threatens the health and safety of an
individual.
(2) Examples of records and documents that may be requested
and photocopied or otherwise reproduced are individual program plans,
person-directed plans, and medication records.
(3) Upon request, an individualized skills and socialization
provider must provide HHSC with a list of all individuals served by
the individualized skills and socialization provider. The list must
include the waiver program or funding source used by the individual
to receive services from the individualized skills and socialization
provider.
(4) The individualized skills and socialization provider
may charge HHSC at a rate not to exceed the rate HHSC charges for
copies. The procedure of copying is the responsibility of the administrator
or designee. If copying requires that the records be removed from
the individualized skills and socialization provider, a representative
of the individualized skills and socialization provider is expected
to accompany the records and assure their order and preservation.
(5) HHSC protects the copies for privacy and confidentiality
in accordance with recognized standards of medical records practice,
applicable state laws, and HHSC policy.
(g) The source of the complaint is not revealed.
(h) HHSC inspects an individualized skills and socialization
provider at least once every two years after the initial survey.
|
