| (a) The Texas Health and Human Services Commission
(HHSC) may conduct an unannounced, on-site inspection of a facility
at any reasonable time, including when treatment services are provided,
to inspect, investigate, or evaluate compliance with or prevent a
violation of:
(1) any applicable statute or rule;
(2) a facility's plan of correction;
(3) an order or special order of the executive commissioner
or the executive commissioner's designee;
(4) a court order granting injunctive relief; or
(5) for other purposes relating to regulation of the
facility.
(b) An applicant or licensee, by applying for or holding
a license, consents to entry and inspection of any of its facilities
by HHSC.
(c) HHSC inspections to evaluate a facility's compliance
may include:
(1) initial, change of ownership, or relocation inspections
for the issuance of a new license;
(2) inspections related to changes in status, such
as new construction or changes in services, designs, or bed numbers;
(3) routine inspections, which may be conducted without
notice and at HHSC's discretion, or prior to renewal;
(4) follow-up on-site inspections, conducted to evaluate
implementation of a plan of correction for previously cited deficiencies;
(5) inspections to determine if an unlicensed facility
is offering or providing, or purporting to offer or provide, treatment;
and
(6) entry in conjunction with any other federal, state,
or local agency's entry.
(d) A facility shall cooperate with any HHSC inspection
and shall permit HHSC to examine the facility's grounds, buildings,
books, records, and other documents and information maintained by
or on behalf of the facility, unless prohibited by law.
(e) A facility shall permit HHSC access to interview
members of the governing body, personnel, and patients, including
the opportunity to request a written statement.
(f) A facility shall permit HHSC to inspect and copy
any requested information, unless prohibited by law. If it is necessary
for HHSC to remove documents or other records from the facility, HHSC
provides a written description of the information being removed and
when it is expected to be returned. HHSC makes a reasonable effort,
consistent with the circumstances, to return any records removed in
a timely manner.
(g) HHSC shall maintain the confidentiality of facility
records as applicable under state and federal law.
(h) Upon entry, HHSC holds an entrance conference with
the facility's designated representative to explain the nature, scope,
and estimated duration of the inspection.
(i) During the inspection, the HHSC representative
gives the facility representative an opportunity to submit information
and evidence relevant to matters of compliance being evaluated.
(j) When an inspection is complete, the HHSC representative
holds an exit conference with the facility representative to inform
the facility representative of any preliminary findings of the inspection,
including possible health and safety concerns. The facility may provide
any final documentation regarding compliance during the exit conference.
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