|(a) If a facility disputes a violation of a licensing
rule, which HHSC cites on a statement of violations in accordance
with §92.82(f) of this subchapter (relating to Determinations
and Actions), the facility may request informal dispute resolution
conducted in accordance with Texas Government Code §531.058 and
Texas Health and Safety Code §247.051.
(b) To request informal dispute resolution, a facility
must submit a completed Informal Dispute Resolution Request Form to
HHSC in accordance with the form's instructions no later than 10 days
after the facility receives the statement of violations. The request
form must summarize each violation that the facility disputes. A facility
must indicate on the form if it is requesting documents from HHSC.
(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 $15.00 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), it must reimburse HHSC for any costs associated with
HHSC's preparation, copying, and delivery of information responsive
to the facility's request.
|Source Note: The provisions of this §553.83 adopted to be effective November 1, 2014, 39 TexReg 8266; amended to be effective October 28, 2018, 43 TexReg 7208; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886