| (a) HHSC inspection and survey personnel perform inspections
and surveys, follow-up visits, complaint investigations, investigations
of abuse or neglect, and other contact visits from time to time as
they deem appropriate, or as required for carrying out the responsibilities
of licensing.
(b) In addition to the inspections required under Subchapter
B of this chapter (relating to Licensing), HHSC inspects a facility
at least once every two years after the initial inspection.
(c) An inspection may be conducted by an individual
surveyor or by a team, depending on the purpose of the inspection
or survey, size of facility, and service provided by the facility,
and other factors.
(d) To determine standard compliance which cannot be
verified during regular working hours, HHSC, with the least possible
interference to staff and residents, may conduct night or weekend
inspections to cover specific aspects of a facility's operation.
(e) Generally, HHSC conducts routine and nonroutine
inspections, surveys, complaint investigations and other visits made
for the purpose of determining the appropriateness of resident care
and day-to-day operations of a facility on an unannounced basis, unless
there is justification for an exception.
(f) Certain visits may be announced, including, but
not limited to, conditions when certain emergencies arise, such as
fire, windstorm, or malfunctioning or nonfunctioning of electrical
or mechanical systems.
(g) When HHSC conducts a complaint investigation, HHSC
notifies the facility of the complaint received and a summary of the
complaint, without identifying the source of the complaint. A complaint
is an allegation received by HHSC regarding:
(1) abuse, neglect, or exploitation of a resident;
or
(2) a violation of state standards.
(h) The facility must make all books, 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
residents, and use any other available recording devices to preserve
all relevant evidence of conditions found during an inspection, survey,
or investigation that HHSC reasonably believes threaten the health
and safety of a resident.
(2) Records and documents which may be requested and
photocopied or otherwise reproduced include, but are not limited to,
admission sheets, medication profiles, observation notes, medication
refusal notes, and menu records.
(3) When the facility is requested to furnish the copies,
the facility may charge HHSC at the rate not to exceed the rate charged
by HHSC for copies. Collection must be by billing HHSC. The procedure
of copying is the responsibility of the administrator or his designee.
If copying requires removal of the records from the facility, a representative
of the facility will be expected to accompany the records and assure
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.
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