1. (a) A facility shall report only the following incidents to the Texas Health and Human Services Commission (HHSC). The facility shall report these incidents to HHSC within 10 business days after the facility being informed or possessing knowledge of:

   1. (1) the death of a dialysis patient that occurs in the facility;

   2. (2) the death of a dialysis patient that occurs within 24 hours after the patient's last dialysis treatment, unless the death is related to:

      1. (A) an accident unrelated to dialysis care and services;
      2. (B) a pre-scheduled elective surgery;
      3. (C) a previously executed do-not-resuscitate order or advance directive;
      4. (D) a hospice patient; or
      5. (E) a patient who withdraws from dialysis;
   3. (3) emergent hospital transfers from the dialysis facility;
   4. (4) the confirmed conversion of staff or a patient to Hepatitis B surface antigen (HbsAg) positive, unless it is a verified false positive;
   5. (5) the involuntary transfer or discharge of a patient, unless the involuntary transfer or discharge is due to nonpayment or the patient was a participant in the ESRD Network's Second Chance program, in which case there is no incident report required if the patient is involuntarily discharged within the first 90 days of placement;
   6. (6) a fire in the facility; or
   7. (7) a generator out of operation.
2. (b) The facility shall report an incident listed in subsection (a) of this section to HHSC Complaint and Incident Intake through the HHSC online portal.

Source Note:The provisions of this §507.56 adopted to be effective December 23, 2025, 50 TexReg 8289.