| (a) The Texas Health and Human Services Commission
(HHSC) determines if an individualized skills and socialization provider
is in compliance with the licensing rules.
(b) Violations of regulations are listed on forms designed
for the purpose of the survey.
(c) At the conclusion of a survey, the violations are
discussed in an exit conference with the individualized skills and
socialization provider's management. A written list of the violations
is left with the individualized skills and socialization provider
at the time of the exit conference.
(d) If, after the initial exit conference, additional
violations are cited, the violations are communicated to the individualized
skills and socialization provider within 10 working days after the
initial exit conference.
(e) HHSC provides a clear and concise summary in nontechnical
language of each licensure survey and complaint investigation, if
applicable. The summary outlines significant violations noted at the
time of the survey, but does not include names of individuals, staff,
or any other information that would identify individuals or other
prohibited information under general rules of public disclosure. The
summary is provided to the individualized skills and socialization
provider at the time the report of contact or similar document is
provided.
(f) Upon receipt of the final statement of violations,
the individualized skills and socialization provider has 10 working
days to submit an acceptable plan of correction to the HHSC Regulatory
Services regional director. An acceptable plan of correction must
address:
(1) how the individualized skills and socialization
provider will accomplish the corrective action for those individuals
affected by each violation;
(2) how the individualized skills and socialization
provider will identify other individuals with the potential to be
affected by the same violation;
(3) how the individualized skills and socialization
provider will put the corrective measure into practice or make systemic
changes to ensure that the violation does not recur;
(4) how the individualized skills and socialization
provider 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 individualized skills and socialization
provider and the inspector cannot resolve a dispute regarding a violation
of regulations, the individualized skills and socialization 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 individualized skills and socialization 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, HHSC Long-term Care Regulation,
for a regional IDR; or to Regulatory Services, Texas Health and Human
Services Commission, P.O. Box 149030, E-351, Austin, Texas 78714-9030,
for a state office IDR, no later than the 10th day after receipt of
the official statement of violations.
(2) HHSC completes the IDR process no later than the
30th day after receipt of a request from an individualized skills
and socialization provider.
(3) Violations deemed invalid in an IDR will be so
noted in HHSC's records.
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