Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter E - INSPECTIONS, SURVEYS, AND VISITS › Section 559.81 - Procedural Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may enter
				  the premises of a facility at reasonable times and make an inspection necessary
				  to issue a license or renew a license. HHSC inspection and survey personnel
				  perform inspections and surveys, follow-up visits, complaint investigations,
				  investigations of abuse or neglect, and other contact visits as required for
				  carrying out the responsibilities of licensing.
(b) Generally, all inspections, surveys,
				  complaint investigations, and other visits, whether routine or nonroutine, made
				  for the purpose of determining the appropriateness of client care and
				  day-to-day operations of a facility are unannounced. Any exceptions must be
				  justified.
(c) Certain visits may
				  be announced, including initial architectural inspections, visits to determine
				  the progress of physical plant construction or repairs, equipment installation
				  or repairs, systems installation or repairs, or conditions when certain
				  emergencies arise, such as fire, windstorm, or malfunctioning or nonfunctioning
				  of electrical or mechanical systems.
(d) Any person may request an inspection of a
				  facility by notifying HHSC of an alleged violation of a licensing requirement.
				  The complaint should be as detailed as possible and signed by the complainant;
				  however, HHSC does investigate anonymous complaints. Unless a complaint is
				  anonymous, HHSC responds to the complainant in writing but without the outcome
				  of the investigation.
(e) If the
				  complaint alleges abuse, neglect, or exploitation, HHSC performs an inspection
				  as soon as feasible but not later than the 14th day after the date HHSC
				  receives the complaint, unless after an investigation the complaint is found to
				  be frivolous. If the complaint does not allege abuse, neglect, or exploitation,
				  HHSC investigates the complaint not later than the 45th day after the date HHSC
				  receives the complaint.
(f) The
				  facility must make all its books, records, electronic records, and other
				  documents maintained by or on behalf of a facility accessible to HHSC upon
				  request.
(1) HHSC is authorized to photocopy
				  documents, photograph clients, and use any other available recording devices to
				  preserve all relevant evidence of conditions found during an inspection,
				  survey, or investigation.
(2)
				  Examples of records and documents that may be requested and photocopied or
				  otherwise reproduced are client medical records, including nursing notes,
				  pharmacy records, medication records, and prescribing practitioner's
				  orders.
(3) The facility may charge
				  HHSC at a rate not to exceed the rate HHSC charges for copies. The procedure of
				  copying is the responsibility of the director or his or her designee. If
				  copying requires that the records be removed from the facility, a
				  representative of the facility is expected to accompany the records and ensure
				  their order and preservation.
(4)
				  HHSC protects the copies for privacy and confidentiality in accordance with
				  recognized standards of medical records practice, applicable state laws, and
				  HHSC policy.
(5) If a facility
				  maintains electronic records, it must have a mechanism for printing all
				  documentation if a surveyor or investigator requests a printed copy.