| (a) DADS determines if a facility meets the licensing
rules, including both physical plant and facility operation requirements.
(b) Violations of regulations are listed on forms designed
for the purpose of the inspection.
(c) At the conclusion of an inspection or survey, the
violations are discussed in an exit conference with the facility's
management. A written list of the violations is left with the facility
at the time of the exit conference.
(d) If, after the initial exit conference, additional
violations are cited, the violations are communicated to the facility
within 10 working days after the initial exit conference.
(e) DADS provides a clear and concise summary in nontechnical
language of each licensure inspection, inspection of care, and complaint
investigation, if applicable. The summary outlines significant violations
noted at the time of the inspection or survey, but does not include
names of clients, staff, or any other information that would identify
individual clients or other prohibited information under general rules
of public disclosure. The summary is provided to the facility at the
time the report of contact or similar document is provided.
(f) Upon receipt of the final statement of violations,
the facility has 10 working days to submit an acceptable plan of correction
to the DADS Regulatory Services regional director. An acceptable plan
of correction must address the following:
(1) how the facility will accomplish the corrective
action for those clients affected by each violation;
(2) how the facility will identify other clients with
the potential to be affected by the same violation;
(3) how the facility will put the corrective measure
into practice or make systemic changes to ensure that the violation
does not recur;
(4) how the facility will monitor the corrective action
to ensure that the violation is corrected and will not recur; and
(5) the date the corrective action will be completed.
(g) If the provider and the inspector cannot resolve
a dispute regarding a violation of regulations, the provider is entitled
to an informal dispute resolution (IDR) at the regional level for
all violations. For a violation that resulted in an adverse action,
the provider is entitled to an IDR at either the regional or state
office level.
(1) A written request and all supporting documentation
must be submitted to the Regional Director, Regulatory Services, for
a regional IDR; or to Regulatory Services, Texas Department of Aging
and Disability Services, P.O. Box 149030, E-351, Austin, Texas 78714-9030,
for a central office IDR, no later than the tenth day after receipt
of the official statement of violations.
(2) DADS completes the IDR process no later than the
30th day after receipt of a request from a facility.
(3) Violations deemed invalid in an IDR will be so
noted in DADS' records.
|
| Source Note: The provisions of this §559.82 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective January 15, 2009, 34 TexReg 261; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg9249 |
