Section 550.1305 - General Provisions(a) HHSC determines if a center meets the requirements of THSC Chapter 248A and this chapter.(b) After an inspection is completed, the inspector holds an exit conference to inform a center of the preliminary findings.(c) A center may submit additional written documentation and facts after the exit conference only if the center describes the additional documentation and facts to the inspector during the exit conference.(1) A center must submit the additional written documentation and facts to the HHSC inspector or inspection team no later than two business days after the end of the exit conference.(2) If a center properly submits additional written documentation, the inspector may add the documentation to the record of the inspection.(d) HHSC provides a written notification of the inspection results to the center no later than 10 business days after the exit conference. The written notification includes a statement of violations and instructions for submitting an acceptable plan of correction and provides an opportunity for an informal dispute resolution (IDR).(e) If a center receives HHSC written notification of the inspection results indicating that the center is in violation of THSC Chapter 248A or this chapter, the center must follow HHSC instructions included with the notification for submitting an acceptable plan of correction.(f) If required, a center must submit an acceptable plan of correction that includes the corrective measures and time frame in which the center will comply to ensure correction of a violation. If a center fails to correct each violation by the date on the plan of correction, HHSC may take enforcement action against the center.(g) A center must submit an acceptable plan of correction for each violation no later than 10 calendar days after receipt of the written notification of the inspection results. An acceptable plan of correction must address: (1) how the center will accomplish corrective action for the minors affected by the violation;(2) how the center will identify other minors with the potential to be affected by the same violation;(3) the measures that the center will incorporate, or systemic changes the center made to ensure the violation will not recur;(4) how the center will monitor its corrective actions to ensure that the violation is corrected and will not recur; and(5) dates when the center's corrective action will be completed.(h) A center's acceptable plan of correction does not preclude HHSC from taking enforcement action against the center in accordance with Subchapter G of this chapter (relating to Enforcement).(i) A center must submit a plan of correction in response to the written notification of inspection results that specifies a violation even if the center disagrees with the inspection results.(j) If a center disagrees with the inspection results, the center may request an IDR. The center must submit a written request and all supporting documentation to HHSC no later than the 10th calendar day after the date the center receives HHSC statement of violations.(k) A center waives its right to an IDR if the center fails to submit the required information to the HHSC Regulatory Services, Survey and Certification Enforcement Unit, within the required time frames.(l) A center must make available to any person on request a copy of each HHSC inspection report. Before making an inspection report available under this subsection, the center must redact from the report any information that is confidential under other law.(m) A center must post the most recent inspection results in a conspicuous location at the center.26 Tex. Admin. Code § 550.1305
The provisions of this §550.1305 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7933, eff. 10/16/2024