1. (a) A facility shall provide each patient and applicable legally authorized representative at the time of admission with a written statement identifying the Texas Health and Human Services Commission (HHSC) as the agency responsible for investigating complaints against the facility.

   1. (1) The statement shall inform persons that they may direct a complaint to HHSC Complaint and Incident Intake (CII) and include current CII contact information, as specified by HHSC.
   2. (2) The facility shall prominently and conspicuously post this statement in patient common areas and in visitor's areas and waiting rooms so that it is readily visible to patients, employees, and visitors. The information shall be in English and in a second language appropriate to the demographic makeup of the community served.
2. (b) HHSC evaluates all complaints. A complaint must be submitted using HHSC current CII contact information for that purpose, as described in subsection (a) of this section.

3. (c) HHSC documents, evaluates, and prioritizes complaints directed to HHSC CII based on the seriousness of the alleged violation and the level of risk to patients, personnel, and the public.

   1. (1) Allegations determined to be within HHSC regulatory jurisdiction relating to health care facilities may be investigated under this chapter.
   2. (2) HHSC may refer complaints outside HHSC jurisdiction to an appropriate agency, as applicable.
4. (d) HHSC conducts investigations to evaluate a facility's compliance following a complaint of abuse, neglect, or exploitation; or a complaint related to the health and safety of patients. Complaint investigations may be coordinated with the federal Centers for Medicare & Medicaid Services and its agents responsible for the inspection of ESRD facilities to determine compliance with the Conditions of Participation under Title XVIII of the Social Security Act, (42 United States Code, §§1395 et seq.), to avoid duplicate investigations.

5. (e) HHSC may conduct an unannounced, on-site investigation of a facility at any reasonable time, including when treatment services are provided, to inspect or investigate:

   1. (1) a facility's compliance with any applicable statute or rule;
   2. (2) a facility's plan of correction;
   3. (3) a facility's compliance with an order of the HHSC executive commissioner or the executive commissioner's designee;
   4. (4) a facility's compliance with a court order granting injunctive relief; or
   5. (5) for other purposes relating to regulation of the facility.
6. (f) An applicant or licensee, by applying for or holding a license, consents to entry and investigation of any of its facilities by HHSC.
7. (g) A facility shall cooperate with any HHSC investigation and shall permit HHSC to examine the facility's grounds, buildings, books, records, video surveillance, and other documents and information maintained by, or on behalf of, the facility, unless prohibited by law.
8. (h) A facility shall permit HHSC access to interview members of the governing body, personnel, and patients, including the opportunity to request a written statement.
9. (i) A facility shall permit HHSC to inspect and copy any requested information, unless prohibited by law. If it is necessary for HHSC to remove documents or other records from the facility, HHSC provides a written description of the information being removed and when it is expected to be returned. HHSC makes a reasonable effort, consistent with the circumstances, to return any records removed in a timely manner.
10. (j) Upon entry, the HHSC representative holds an entrance conference with the facility's designated representative to explain the nature, scope, and estimated duration of the investigation.
11. (k) The HHSC representative holds an exit conference with the facility representative to inform the facility representative of any preliminary findings of the investigation. The facility may provide any final documentation regarding compliance during the exit conference.
12. (l) Once an investigation is complete, HHSC reviews the evidence from the investigation to evaluate whether there is a preponderance of evidence supporting the allegations contained in the complaint.
13. (m) HHSC maintains the confidentiality of facility records as applicable under state or federal law.
14. (n) HHSC notifies complainants regarding the investigation's outcome within 10 business days after completing the investigation.

Source Note:The provisions of this §507.83 adopted to be effective December 23, 2025, 50 TexReg 8289.