Sec. 531.058. INFORMAL DISPUTE RESOLUTION FOR CERTAIN LONG-TERM CARE FACILITIES

(a) The commission by rule shall establish an informal dispute resolution process in accordance with this section. The process must provide for adjudication by an appropriate disinterested person of disputes relating to a proposed enforcement action or related proceeding of the Texas Department of Human Services under Section 32.021(d), Human Resources Code, or Chapter 242, 247, or 252, Health and Safety Code. The informal dispute resolution process must require:

(1) the institution or facility to request informal dispute resolution not later than the 10th calendar day after notification by the department of the violation of a standard or standards;

(2) the commission to complete the process not later than the 30th calendar day after receipt of a request from the institution or facility for informal dispute resolution; and

(3) any individual representing an institution or facility in an informal dispute resolution process to register with the commission and disclose the following:

(A) the individual's employment history during the preceding five years, including employment in regulatory agencies of this state and other states;

(B) ownership, including the identity of the controlling person or persons, of the institution or facility the individual is representing before the commission; and

(C) the identity of other entities the individual represents or has represented before the commission during the previous 24 months.

(b) The commission shall adopt rules to adjudicate claims in contested cases.

(c) The commission may not delegate its responsibility to administer the informal dispute resolution process established by this section to another state agency.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.02, eff. June 15, 2001.