SECTION 554.2119. Open Hearing

(a) HHSC holds an open hearing in a facility if HHSC:

(1) has taken a punitive action against the facility in the preceding 12 months; or

(2) receives a complaint that HHSC has reasonable cause to believe is valid from the State Ombudsman, a certified ombudsman, an ombudsman intern, an advocate, a resident, or a relative of a resident relating to a serious or potentially serious problem in the facility.

(b) Only one hearing regarding a specific facility is held each year unless HHSC determines that, in the interest of resident health and safety, more should be held.

(c) HHSC mails notice of the time, date, and place of the hearing at least ten days before the hearing to:

(1) the facility;

(2) the designated closest living relative or legal guardian of each resident; and

(3) appropriate state and federal agencies that work with the facility.

(d) The facility is responsible for furnishing to HHSC a listing of the name and current mailing address of each resident's designated closest living relative, legal guardian, or responsible party.

(e) HHSC may exclude a facility's administrator and personnel from the hearing.

(f) HHSC confidentially notifies the complainant of the results of the investigation which followed the complaint.

(g) HHSC notifies the facility of any complaints received at the hearing and provides a summary of those complaints to the facility. HHSC does not identify the source of the complaints.

Source Note: The provisions of this §554.2119 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective April 5, 2018, 43 TexReg 2017; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871