Section 559.233 - Determinations and Actions Pursuant to Surveys(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.26 Tex. Admin. Code § 559.233
Adopted by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8721, eff. 1/1/2023