(a) A facility may register a complaint against a department representative who conducts a survey or investigation in accordance with §134.81 of this title (relating to Survey and Investigation Procedures). The complaint must be registered within 10 working days of the facility's receipt of the statement of deficiencies (SOD).
(b) A complaint against a department representative shall be registered with the Health Facility Licensing and Compliance Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, telephone (512) 834-6650 or (888) 973-0022 .
  (1) A complaint against a department representative which is received by telephone will be referred within two working days to the appropriate supervisor. The caller will be requested to submit the complaint in writing.
  (2) When a complaint is received in writing, it will be forwarded to the appropriate supervisor within two working days. Within ten calendar days of receipt of the complaint, the Health Facility Licensing and Compliance Division will inform the complainant in writing that the complaint has been forwarded to the appropriate supervisor.
  (3) Within ten calendar days of the supervisor's receipt of the complaint, the supervisor will notify the complainant in writing that an investigation will be done.
  (4) The supervisor will review the documentation in the survey packet and interview the department representative identified in the complaint to obtain facts and assess the objectivity of the department representative in the department representative's application of this chapter during the inspection or investigation.
  (5) The supervisor shall offer to meet with the complainant to resolve the issue. The department representative identified in the complaint will participate in the discussion. The resolution meeting may be conducted at the division's office or during an on-site follow-up visit to the facility.
  (6) Changes and deletions will be made to the SOD, if necessary.
  (7) The supervisor will notify the complainant in writing of the status of the investigation within 30 calendar days of the date the supervisor received the complaint.
  (8) The supervisor will forward all final documentation to the director of the Health Facility Licensing and Compliance Division and notify the complainant of the results.

Source Note: The provisions of this §510.82 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469