(a) HHSC determines if a facility meets the licensing rules, including both physical plant and facility operation requirements.
(b) Violations of regulations are listed on forms designed for the purpose of the inspection.
(c) At the conclusion of an inspection or survey, any violations are discussed in an exit conference with the facility's management. HHSC leaves s written list of violations with the facility at the time of the exit conference.
(d) If additional violations are cited after the initial exit conference, the violations are communicated to the facility within 10 working days after the initial exit conference.
(e) HHSC provides a clear and concise written summary in nontechnical language of each licensure inspection, inspection of care, and complaint investigation. The summary outlines significant violations noted at the time of the inspection or survey but does not include names of clients, staff, or any other information that would identify individual clients or other prohibited information under general rules of public disclosure. The summary is provided to the facility at the time the report of contact or similar document is provided.
(f) Upon receipt of the final statement of violations, the facility has 10 working days to submit an acceptable plan of correction to the HHSC Regulatory Services Regional Office director. An acceptable plan of correction must address:
  (1) how the facility will accomplish the corrective action for those clients affected by each violation;
  (2) how the facility will identify other clients with the potential to be affected by the same violation;
  (3) how the facility will put the corrective measure into practice or make systemic changes to ensure that the violation does not recur;
  (4) how the facility 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 facility disagrees with a survey finding regarding a violation of regulations, the facility is entitled to an informal dispute resolution (IDR) for the violation.
  (1) The facility must request an IDR by submitting all supporting documentation to HHSC Regulatory Enforcement no later than the tenth 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 a facility.
  (3) HHSC notifies the facility of the results of the IDR process in writing, and violations deemed invalid in the IDR are so noted in HHSC's records.

Source Note: The provisions of this §559.83 adopted to be effective July 10, 2024, 49 TexReg 4909