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SECTION 1. Sections
247.051(a), (c), and (d), Health and Safety Code, are amended to read as
follows:
(a) The executive
commissioner by rule shall establish an informal dispute resolution process
to address disputes between an assisted living [a] facility
and the commission [department] concerning a statement of
violations prepared by the commission [department] in
accordance with this section. The process must provide for adjudication by
an appropriate disinterested person of disputes relating to a statement of
violations. The informal dispute resolution process must require:
(1) the assisted living facility
to request informal dispute resolution not later than the 10th day after
the date of notification by the commission [department] of
the violation of a standard or standards;
(2) that the [commission
to complete the] process be completed not later than the 90th
day after the date of receipt of a request from the assisted living
facility for informal dispute resolution;
(3) that, not later than the
10th business day after the date
an assisted living facility requests an informal dispute resolution, the commission
[department] forward to the assisted living facility a copy of all information
that is referred to in the disputed statement of violations or on which a
citation is based in connection with the survey, inspection, investigation,
or other visit, including any notes taken by or e-mails or messages sent
by a commission employee involved with the survey, inspection,
investigation, or other visit and excluding the following
information:
(A) the name of any
complainant, witness, or informant, which must be redacted from
information provided to the assisted living facility;
(B) any information that
would reasonably lead to the identification of a complainant, witness, or
informant, which must be redacted from information provided to the
assisted living facility;
(C) information obtained
from or contained in the records of the facility;
(D) information that is
publicly available; or
(E) information that is
confidential by law;
(4) that [the
commission to give] full consideration is given to all legal and factual arguments raised
during the informal dispute resolution process [that:
[(A) are supported by
references to specific information that the facility or department relies
on to dispute or support findings in the statement of violations; and
[(B) are provided by the
proponent of the argument to the commission and the opposing party];
(5) that full
consideration is given during the informal dispute resolution process
[staff give full consideration] to the information provided by the assisted
living facility and the commission [department];
(6) that ex parte
communications concerning the substance of any argument relating to a
survey, inspection, investigation, visit, or statement of violations under
consideration not occur between the informal dispute resolution staff and
the assisted living facility or the commission [department];
[and]
(7) that the assisted living
facility and the commission [department] be given a
reasonable opportunity to submit arguments and information supporting the
position of the assisted living facility or the commission [department]
and to respond to arguments and information presented against them;
(8) that the commission
bears the burden of proving the violation of a standard or standards; and
(9) that a witness statement provided by an assisted living
facility be given the same presumption of truth as a witness statement
provided by the commission, including a witness statement contained in a
statement of deficiencies, provided that the assisted living facility and
the commission may challenge the reliability of any witness statement based
on the records presented during the course of the informal dispute
resolution process.
(c) An assisted living
facility requesting an informal dispute resolution under this section must
reimburse the commission [department] for any costs
associated with the commission's [department's] preparation,
copying, and delivery of information requested by the facility.
(d) A statement of
violations prepared by the commission [department] following
a survey, inspection, investigation, or visit is confidential pending the
outcome of the informal dispute resolution process. Information concerning
the outcome of a survey, inspection, investigation, or visit may be posted
on any website maintained by the commission [department]
while the dispute is pending if the posting clearly notes each finding that
is in dispute.
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SECTION 1. Section 247.051,
Health and Safety Code, is amended by amending Subsections (a), (c), and
(d) and adding Subsection (e) to read as follows:
(a) The executive
commissioner by rule shall establish an informal dispute resolution process
to address disputes between an assisted living [a] facility
and the commission [department] concerning a statement of violations
prepared by the commission [department] in accordance with
this section. The process must provide for adjudication by an appropriate
disinterested person of disputes relating to a statement of violations.
The informal dispute resolution process must require:
(1) the assisted living
facility to request informal dispute resolution not later than the 10th day
after the date of notification by the commission [department]
of the violation of a standard or standards;
(2) that the [commission
to complete the] process be completed not later than the 90th
day after the date of receipt of a request from the assisted living
facility for informal dispute resolution;
(3) that, not later than the
20th [10th] business day after the
date an assisted living facility requests an informal dispute resolution,
the commission [department] forward to the assisted living
facility a copy of all information referenced [that is referred
to] in the disputed statement of violations or on which a citation is
based in connection with the survey, inspection, investigation, or other
visit, including any notes taken by or e-mails or messages sent by a
commission employee involved with the survey, inspection, investigation, or
other visit and excluding the following information:
(A) the name of any
complainant, witness, or informant, which must be redacted from
information provided to the assisted living facility;
(B) any information that
would reasonably lead to the identification of a complainant, witness, or
informant, which must be redacted from information provided to the
assisted living facility;
(C) information obtained
from or contained in the records of the facility;
(D) information that is
publicly available; or
(E) information that is
confidential by law;
(4) that [the
commission to give] full consideration is given to all factual
arguments raised during the informal dispute resolution process [that:
[(A) are supported by
references to specific information that the facility or department relies
on to dispute or support findings in the statement of violations; and
[(B) are provided by the
proponent of the argument to the commission and the opposing party];
(5) that full
consideration is given during the informal dispute resolution process
[staff give full consideration] to the information provided by the
assisted living facility and the commission [department];
(6) that ex parte
communications concerning the substance of any argument relating to a
survey, inspection, investigation, visit, or statement of violations under
consideration not occur between the informal dispute resolution staff and
the assisted living facility or the commission [department];
[and]
(7) that the assisted living
facility and the commission [department] be given a
reasonable opportunity to submit arguments and information supporting the
position of the assisted living facility or the commission [department]
and to respond to arguments and information presented against them, provided the assisted living facility
submits its arguments and supporting information not later than the 10th
business day after the date of receipt of the materials provided under
Subdivision (3); and
(8) that the commission
bears the burden of proving the violation of a standard or standards.
(c) An assisted living
facility requesting an informal dispute resolution under this section must
reimburse the commission [department] for any costs
associated with the commission's [department's] preparation,
copying, and delivery of information requested by the facility.
(d) A statement of
violations prepared by the commission [department] following
a survey, inspection, investigation, or visit is confidential pending the
outcome of the informal dispute resolution process. Information concerning
the outcome of a survey, inspection, investigation, or visit may be posted
on any website maintained by the commission [department]
while the dispute is pending if the posting clearly notes each finding that
is in dispute.
(e) The commission may charge and the assisted living facility
shall pay the reasonable costs associated with making the redactions
required by Subsections (a)(3)(A) and (B).
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