Sec. 247.051. INFORMAL DISPUTE RESOLUTION. (a) The executive commissioner by rule shall establish an informal dispute resolution process to address disputes between a facility and the department concerning a statement of violations prepared by the 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 department of the violation of a standard or standards;
(2) the commission to complete the process 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 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, excluding:
(A) the name of any complainant, witness, or informant;
(B) any information that would reasonably lead to the identification of a complainant, witness, or informant;
(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) the commission to give full consideration 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 informal dispute resolution staff give full consideration to the information provided by the assisted living facility and the 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 department; and
(7) that the assisted living facility and the department be given a reasonable opportunity to submit arguments and information supporting the position of the assisted living facility or the department and to respond to arguments and information presented against them.
(b) The commission may not delegate its responsibility to administer the informal dispute resolution process established by this section to another state agency.
(c) An assisted living facility requesting an informal dispute resolution under this section must reimburse the department for any costs associated with the department's preparation, copying, and delivery of information requested by the facility.
(d) A statement of violations prepared by the 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 department while the dispute is pending if the posting clearly notes each finding that is in dispute.
Added by Acts 2001, 77th Leg., ch. 1248, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0720, eff. April 2, 2015.
Last modified: September 28, 2016