(a) A program provider must be in continuous compliance with the certification standards contained in this subchapter that apply to program providers.
(b) The Texas Health and Human Services Commission (HHSC) conducts the following unannounced surveys:
  (1) an initial certification survey;
  (2) a recertification survey;
  (3) a follow-up survey;
  (4) a residential survey; and
  (5) an intermittent survey.
(c) HHSC conducts an initial certification survey within 120 calendar days after the date HHSC approves the enrollment or transfer of the first individual to receive HCS Program services from the program provider.
(d) HHSC may conduct an intermittent survey at any time during a certification period.
(e) HHSC may conduct a combination of two or more different types of surveys at the same time.
(f) If HHSC certifies a program provider after completion of an initial or a recertification survey, the certification period is for no more than 365 calendar days.
(g) HHSC may choose not to conduct a recertification survey of a program provider that has a standard contract if the program provider is not the program provider for one or more individuals for at least 60 consecutive calendar days during the period beginning the first day of the certification period to be surveyed through the 121st calendar day before the end of the certification period.
(h) During a survey, HHSC may:
  (1) review the HCS Program or CFC services provided to any individual to determine if a program provider complies with the certification standards; and
  (2) determine if a program provider has implemented an approved plan for amelioration as described in §565.47 of this subchapter (relating to Amelioration).
(i) HHSC conducts an exit conference at the end of a survey, at a time and location determined by HHSC. At the exit conference, HHSC informs a program provider of preliminary findings, in writing, including findings that may result in a critical violation.
(j) If HHSC identifies a finding that may be a critical violation not discussed during an exit conference, HHSC holds a new exit conference with a program provider to discuss the finding.
(k) In addition to the surveys described in this section, HHSC conducts, at least annually, an unannounced visit of each residence in which residential support or supervised living is provided to determine if the residence provides a safe and healthy environment that complies with the certification standards.
(l) Based on the information obtained from a visit described in subsection (k) of this section, HHSC may:
  (1) require the program provider to complete corrective action before the residential visit ends;
  (2) require the program provider to submit, before the residential visit ends, a written plan describing how the safety of the individuals will be protected until corrective action is completed;
  (3) require the program provider to submit evidence of corrective action within a time period determined by HHSC; or
  (4) conduct an intermittent survey of the program provider.
(m) Based on a survey, HHSC acts as described in §565.49 of this subchapter (relating to Program Provider Compliance and Corrective Action).
(n) HHSC may evaluate the health and safety of an individual at any time.
(o) HHSC may conduct an unannounced residential survey of a residence in which host home/companion care, residential support, or supervised living is provided to determine if the residence provides a safe environment.

Source Note: The provisions of this §565.41 adopted to be effective June 21, 2023, 48 TexReg 3246