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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 551INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER FINSPECTIONS, SURVEYS, AND VISITS
RULE §551.192Determinations and Actions Pursuant to Inspections, Surveys, or Investigations

(a) DADS will determine if a facility meets licensure requirements through inspections, surveys, and investigations.

(b) During an investigation resulting from a complaint, DADS does not disclose the source of the complaint.

(c) At the conclusion of an inspection, survey, or investigation, a representative of DADS holds an exit conference with a representative of the facility and provides the facility representative a written list of violations.

(d) If DADS cites an additional violation during a review of field notes or preparation of the official final list of violations, DADS:

  (1) communicates the additional violation to the facility in writing within ten working days after the exit conference; and

  (2) gives the facility an additional face-to-face exit conference regarding the additional violations.

(e) DADS provides the facility with a clear and concise summary in nontechnical language of each licensure inspection or complaint investigation.

(f) The facility must submit a plan to correct cited violations to the regional director of the area in which the facility is located no later than 10 working days after the date the facility receives the final, official statement of violations. To be accepted by DADS, a plan to correct violations must state when the corrective action will be completed and must address:

  (1) how the facility will accomplish corrective action for residents directly affected by the cited violation;

  (2) how the facility will identify other residents who may be affected by the cited violation; and

  (3) how the facility will avoid having the violation recur.

(g) If a facility fails to submit a plan to correct violations that meets the requirements of subsection (f) of this section, DADS may assess an administrative penalty against the facility in accordance with §90.236(a)(7) of this chapter (relating to Administrative Penalties).


Source Note: The provisions of this §551.192 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective April 1, 1999, 24 TexReg 1816; amended to be effective May 1, 2000, 25 TexReg 3557; amended to be effective January 15, 2009, 34 TexReg 238; transferred effective May 1, 2019,as published in the Texas Register April 12, 2019, 44 TexReg 1883

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