SECTION 551.192. Determinations and Actions Pursuant to Inspections, Surveys, or Investigations

(a) Texas Health and Human Services Commission (HHSC) will determine if a facility meets licensure requirements through inspections, surveys, and investigations.

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

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

(d) If HHSC cites additional violations during a review of field notes or preparation of the official final statement of licensing violations, HHSC:

(1) communicates the additional violations 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) HHSC 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 HHSC, 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, HHSC may assess an administrative penalty against the facility in accordance with §551.236(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; amended to be effective February 24, 2022, 47 TexReg 787