|(a) HHSC inspection and survey personnel will 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 §92.14
of this chapter (relating to Initial License Application Procedures
and Requirements), 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, night or weekend inspections
may be conducted to cover specific segments of operation and will
be completed with the least possible interference to staff and residents.
(e) Generally, all inspections, surveys, complaint
investigations and other visits, whether routine or nonroutine, made
for the purpose of determining the appropriateness of resident care
and day-to-day operations of a facility will be unannounced; any exceptions
must be justified.
(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) 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 will protect the copies for privacy and confidentiality
in accordance with recognized standards of medical records practice,
applicable state laws, and HHSC policy.
|Source Note: The provisions of this §553.81 adopted to be effective May 1, 1995, 20 TexReg 2629; amended to be effective August 1, 1998, 23 TexReg 7036; amended to be effective October 29, 2018, 43 TexReg 7205; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886