| (a) A facility may register a complaint against a department
representative who conducts a survey or investigation in accordance
with §134.81 of this title (relating to Survey and Investigation
Procedures). The complaint must be registered within 10 working days
of the facility's receipt of the statement of deficiencies (SOD).
(b) A complaint against a department representative
shall be registered with the Health Facility Licensing and Compliance
Division, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756-3199, telephone (512) 834-6650 or (888) 973-0022 .
(1) A complaint against a department representative
which is received by telephone will be referred within two working
days to the appropriate supervisor. The caller will be requested
to submit the complaint in writing.
(2) When a complaint is received in writing, it will
be forwarded to the appropriate supervisor within two working days.
Within ten calendar days of receipt of the complaint, the Health Facility
Licensing and Compliance Division will inform the complainant in writing
that the complaint has been forwarded to the appropriate supervisor.
(3) Within ten calendar days of the supervisor's receipt
of the complaint, the supervisor will notify the complainant in writing
that an investigation will be done.
(4) The supervisor will review the documentation in
the survey packet and interview the department representative identified
in the complaint to obtain facts and assess the objectivity of the
department representative in the department representative's application
of this chapter during the inspection or investigation.
(5) The supervisor shall offer to meet with the complainant
to resolve the issue. The department representative identified in
the complaint will participate in the discussion. The resolution meeting
may be conducted at the division's office or during an on-site follow-up
visit to the facility.
(6) Changes and deletions will be made to the SOD,
if necessary.
(7) The supervisor will notify the complainant in writing
of the status of the investigation within 30 calendar days of the
date the supervisor received the complaint.
(8) The supervisor will forward all final documentation
to the director of the Health Facility Licensing and Compliance Division
and notify the complainant of the results.
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| Source Note: The provisions of this §510.82 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469 |
