| (a) DADS determines if a center meets the requirements
of the THSC Chapter 248A and this chapter.
(b) After an inspection is completed, the inspector
holds an exit conference to inform a center of the preliminary findings.
(c) A center may submit additional written documentation
and facts after the exit conference only if a center describes the
additional documentation and facts to the inspector during the exit
conference.
(1) A center must submit the additional written documentation
and facts to the DADS inspector or inspection team no later than two
business days after the end of the exit conference.
(2) If a center properly submits additional written
documentation, the inspector may add the documentation to the record
of the inspection.
(d) DADS provides a written notification of the inspection
results to the center no later than 10 business days after the exit
conference. The written notification includes a statement of violations
and instructions for submitting an acceptable plan of correction,
and provides an opportunity for an informal dispute resolution.
(e) If a center receives DADS written notification
of the inspection results indicating that the center is in violation
of THSC Chapter 248A or this chapter, the center must follow DADS
instructions included with the notification for submitting an acceptable
plan of correction.
(f) If required, a center must submit an acceptable
plan of correction that includes the corrective measures and time
frame in which the center will comply to ensure correction of a violation.
If a center fails to correct each violation by the date on the plan
of correction, DADS may take enforcement action against the center.
(g) A center must submit an acceptable plan of correction
for each violation no later than 10 calendar days after receipt of
DADS written notification of the inspection results. An acceptable
plan of correction must address:
(1) how the center will accomplish corrective action
for the minors affected by the violation;
(2) how the center will identify other minors with
the potential to be affected by the same violation;
(3) the measures that the center will incorporate,
or systemic changes the center made to ensure the violation will not
recur;
(4) how the center will monitor its corrective actions
to ensure that the violation is corrected and will not recur; and
(5) dates when the center's corrective action will
be completed.
(h) A center's acceptable plan of correction does not
preclude DADS from taking enforcement action against the center in
accordance with Subchapter G of this chapter (relating to Enforcement).
(i) A center must submit a plan of correction in response
to DADS written notification of inspection results that specifies
a violation even if the center disagrees with the inspection results.
(j) If a center disagrees with the inspection results,
the center may request an informal dispute resolution (IDR). The center
must submit a written request and all supporting documentation DADS
no later than the 10th calendar day after the center receives DADS
statement of violations.
(k) A center waives its right to an IDR if the center
fails to submit the required information to DADS Regulatory Services,
Survey and Certification Enforcement Unit, within the required time
frames.
(l) A center must make available to any person on request
a copy of each DADS inspection report. Before making an inspection
report available under this subsection, the center must redact from
the report any information that is confidential under other law.
(m) A center must post inspection results in a conspicuous
location at the center.
|
| Source Note: The provisions of this §550.1305 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
