(a) Development of data summary.
  (1) The department shall compile a data summary for each reporting facility. The data summary shall be made available to the public on an Internet website in a format to be determined by the department.
  (2) The data summary shall be based on data submitted by the facility and may include raw numbers for numerator and denominator, rates, risk-adjustments, and state and national comparative data.
  (3) Facilities that have failed to submit data or submitted data in a format other than that specified by the department shall be identified in the summary made available to the public.
  (4) Data summaries based on data that the department has determined to be inaccurate or incomplete which has not or cannot be corrected by the facility in a timely fashion shall be included in the data summary. Explanatory notes shall be included in the summary to inform the public of the nature of the data deficiencies.
  (5) Data displays shall be based on the best available data at the time the summaries are completed.
(b) Facility comments.
  (1) Prior to publication of the data summary for public use, the department shall notify the facility contact by email of the opportunity to submit comments for publication with the data summary.
  (2) The facility contact shall submit comments using the format determined by the department or indicate that the facility does not wish to comment.
  (3) The comments shall be 1,250 characters in length or less.
  (4) The department shall review facility comments to assure that they are concise and pertain only to the facility and the current data. The department may edit comments that are not concise or do not pertain only to the facility and current data.
  (5) Comments are due to the department on or before October 30 of the same calendar year for summaries of data collected January 1 through June 30 and on or before April 30 of the following calendar year for summaries of data collected July 1 through December 31.

Source Note: The provisions of this §200.9 adopted to be effective May 4, 2011, 36 TexReg 2729; amended to be effective August 7, 2012, 37 TexReg 5793