26 Tex. Admin. Code § 511.112 - Inspections
(a) The Texas
Health and Human Services Commission (HHSC) may inspect a limited services
rural hospital (LSRH) before issuing or renewing an LSRH license.
(1) An LSRH is not subject to additional
annual licensing inspections after HHSC issues the initial license while the
LSRH maintains:
(A) certification under Title
XVIII of the Social Security Act, 42 United States Code (USC), §§1395
et seq; or
(B) accreditation from
The Joint Commission, the American Osteopathic Association, or other national
accreditation organization for the offered services.
(2) HHSC may inspect an LSRH that is exempt
from an annual licensing inspection under paragraph (1) of this subsection
before issuing a renewal license to the LSRH if the certification or
accreditation body has not conducted an on-site inspection of the LSRH in the
preceding three years and HHSC determines an inspection of the LSRH by the
certification or accreditation body is not scheduled within 60 days of the
license expiration date.
(b) HHSC may conduct an unannounced, on-site
inspection of an LSRH at any reasonable time, including when treatment services
are provided, to inspect, investigate, or evaluate compliance with or prevent a
violation of:
(1) any applicable statute or
rule;
(2) an LSRH's plan of
correction;
(3) an order or special
order of the executive commissioner or the executive commissioner's
designee;
(4) a court order
granting injunctive relief; or
(5)
for other purposes relating to regulation of the LSRH.
(c) An applicant or licensee, by applying for
or holding a license, consents to entry and inspection of any of its LSRHs by
HHSC.
(d) HHSC inspections to
evaluate an LSRH's compliance may include:
(1)
initial, change of ownership, or relocation inspections, which HHSC may conduct
when issuing a new license;
(2)
inspections related to changes in status, such as new construction or changes
in services, designs, or patient station numbers;
(3) routine inspections, which HHSC may
conduct without notice and at HHSC's discretion, or before HHSC renews an LSRH
license;
(4) follow-up on-site
inspections, which HHSC may conduct to evaluate implementation of a plan of
correction for previously cited deficiencies;
(5) inspections to determine whether an
unlicensed LSRH is offering or providing, or purporting to offer or provide,
treatment or services; and
(6)
entry in conjunction with any other federal, state, or local agency's
entry.
(e) An LSRH shall
cooperate with any HHSC inspection and shall permit HHSC to examine the LSRH's
grounds, buildings, books, records, video surveillance, and other documents and
information maintained by or on behalf of the LSRH.
(f) An LSRH shall permit HHSC access to
interview members of the governing body, personnel, and patients, including the
opportunity to request a written statement.
(g) An LSRH shall permit HHSC to inspect and
copy any requested information, unless prohibited by law.
(h) HHSC shall maintain the confidentiality
of LSRH records as applicable under state or federal law. All information and
materials obtained or compiled by HHSC in connection with an inspection are
confidential and not subject to disclosure under Texas Government Code Chapter
552 (relating to Public Information), and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to anyone other
than HHSC or its employees or agents involved in the enforcement action except
that this information may be disclosed to:
(1)
persons involved with HHSC in the enforcement action against the
LSRH;
(2) the LSRH that is the
subject of the enforcement action, or the LSRH's authorized
representative;
(3) appropriate
state or federal agencies that are authorized to inspect, survey, or
investigate LSRH services;
(4) law
enforcement agencies; and
(5)
persons engaged in bona fide research, if all individual-identifying and
LSRH-identifying information has been deleted.
(i) The following information is subject to
disclosure in accordance with Texas Government Code Chapter 552:
(1) a notice of alleged violation against the
LSRH, which notice shall include the provisions of law that the LSRH is alleged
to have violated, and a general statement of the nature of the alleged
violation;
(2) the pleadings in the
administrative proceeding;
(3) a
final decision or order by HHSC; and
(4) any other information required by law to
be disclosed under public information request laws.
Notes
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