|(a) DADS determines if a facility meets DADS licensing
rules, including physical plant and facility operation requirements,
by conducting inspections, surveys, investigations, and on-site visits.
(b) DADS lists violations of licensing rules on a report
of contact. The report of contact includes a specific reference to
a licensing rule that has been violated.
(c) At the conclusion of an inspection, survey, investigation,
or on-site visit, a DADS surveyor conducts an exit conference to advise
the facility of the findings resulting from the inspection, survey,
investigation, or on-site visit.
(d) At the exit conference, the surveyor provides a
copy of the report of contact described in subsection (b) of this
section to the facility.
(e) If, after the initial exit conference, a DADS surveyor
cites an additional licensing rule violation, the surveyor conducts
another exit conference regarding the newly identified violations,
and updates the report of contact with a specific reference to the
licensing rule that has been violated.
(f) DADS provides to the facility a written statement
of violations from an inspection, survey, investigation, or on-site
visit on DADS Form 3724 within 10 days after the final exit conference.
The statement of violations includes a clear and concise summary in
nontechnical language of each licensing rule violation. The statement
of violations does not include names of residents or staff, statements
that identify a resident, or other prohibited information.
(g) A facility must submit an acceptable plan of correction
to the DADS regional director within 10 days after receiving the statement
of violations described in subsection (f) of this section. An acceptable
plan of correction must address:
(1) how corrective action will be accomplished for
a resident affected by a violation of a licensing rule;
(2) how the facility will identify other residents
who may be affected by the violation of the licensing rule;
(3) how the corrective action the facility implements
will ensure the violation does not reoccur;
(4) how the facility will monitor its corrective action
to ensure the violation is being corrected and will not reoccur; and
(5) dates when corrective action will be completed.
|Source Note: The provisions of this §553.82 adopted to be effective November 1, 2014, 39 TexReg 8266; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886