(a) DADS monitors a facility's records or the record of any corporate parent or affiliate of a facility for the purpose of determining the total patient days and gross receipts of the facility.
(b) The Health and Human Services Commission (HHSC) and DADS may not grant any exceptions from the quality assurance fee or the provision of any data necessary for DADS to calculate the fee.
(c) HHSC or its designee audits quality assurance fee determinations in accordance with this subsection.
  (1) HHSC or its designee periodically audits the records of a facility and, if necessary, the corporate parent or affiliate of a facility to verify the amount of the quality assurance fee owned by the facility. The facility must allow HHSC or its designee to review and photocopy any records necessary to conduct the audit.
  (2) If a facility fails to maintain records or fails to allow HHSC or its designee to review and photocopy any records necessary to conduct an audit, an audit will be conducted with the records available.
  (3) HHSC or its designee provides the facility with a report of the final audit findings.
  (4) If the final audit findings show the facility owes additional amounts for the quality assurance fee, DADS notifies the facility of the amount due. If the final audit findings show the facility is owed money due to overpayment of the quality assurance fee, DADS refunds the amount owed to the facility owner.

Source Note: The provisions of this §11.6 adopted to be effective March 1, 2010, 35 TexReg 873