| (a) If a facility disputes a violation of a licensing
rule, which HHSC cites on a statement of violations in accordance
with §553.331(f) of this subchapter (relating to Determinations
and Actions (Investigation Findings)), the facility may request informal
dispute resolution conducted in accordance with Texas Government Code §531.058
and Texas Health and Safety Code §247.051, and, to the extent
consistent with those statutes, 1 TAC §393.2 (relating to Informal
Dispute Resolution for Assisted Living Facilities).
(b) To request informal dispute resolution, a facility
must follow the informal dispute resolution process provided on the
HHSC website and submit a completed Informal Dispute Resolution Request
Form to HHSC in accordance with the form's instructions no later than
10 calendar days after the facility receives the statement of violations.
The request form must summarize each violation that the facility disputes.
(c) If a facility requests informal dispute resolution
in accordance with subsection (b) of this section, HHSC sends to the
facility a copy of all documents referenced in the disputed statement
of violations or on which a cited licensure violation is based in
connection with the survey, inspection, investigation, or other regulatory
visit, including any notes taken by, or emails or messages sent by,
an HHSC employee involved with the survey, inspection, investigation,
or other regulatory visit, no later than 20 working days after HHSC
receives the facility's request for informal dispute resolution. HHSC
redacts or excludes the following information from the documents it
sends to the facility:
(1) the name of any complainant, witness, or informant;
(2) information that would reasonably lead to the identification
of a complainant, witness, or informant;
(3) information obtained from or contained in the records
of the facility;
(4) information that is publicly available; and
(5) information that is confidential by law.
(d) HHSC may charge a facility $15 per hour for the
time HHSC spends to redact the information described in subsection
(c)(1) and (2) of this section. A facility must pay any amounts that
HHSC charges it in accordance with this subsection.
(e) If a facility requesting informal dispute resolution
requests any documents other than documents which HHSC provides under
subsection (c) of this section, it must reimburse HHSC for any costs
associated with HHSC's preparation, copying, and delivery of information
responsive to the facility's request.
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