Sec. 526.0202. INFORMAL DISPUTE RESOLUTION FOR CERTAIN LONG-TERM CARE FACILITIES. (a) The executive commissioner by rule shall establish an informal dispute resolution process in accordance with this section. The process must: (1) provide for adjudication by an appropriate disinterested person of disputes relating to a proposed commission enforcement action or related proceeding under: (A) Section 32.021 (d), Human Resources Code; or (B) Chapter 242 , 247 , or 252 , Health and Safety Code; and (2) require: (A) a facility to request informal dispute resolution not later than the 10th calendar day after the commission notifies the facility of the violation of a standard or standards; and (B) the completion of the process not later than: (i) the 30th calendar day after receipt of a request for informal dispute resolution from a facility, other than an assisted living facility; or (ii) the 90th calendar day after receipt of a request from an assisted living facility for informal dispute resolution. (b) As part of the informal dispute resolution process, the commission shall contract with an appropriate disinterested person to adjudicate disputes between a facility licensed under Chapter 242 or 247 , Health and Safety Code, and the commission concerning a statement of violations the commission prepares in connection with a survey the commission conducts of the facility. The contracting person shall adjudicate all disputes described by this subsection. The informal dispute resolution process for the statement of violations must require: (1) the surveyor who conducted the survey for which the statement was prepared to be available to clarify or answer questions asked by the contracting person or by the facility related to the facility or statement; and (2) the commission's review of the facility's informal dispute resolution request for a standard of care violation to be conducted by a registered nurse with long-term care experience. (b-1) A decision under the informal dispute resolution process by the contracting person adjudicating a dispute between the commission and a facility described by Subsection (b) is binding on the commission and cannot be overturned by the commission. (c) Section 2009.053 does not apply to the commission's selection of an appropriate disinterested person under Subsection (b). (d) The executive commissioner shall adopt rules to adjudicate claims in contested cases. (e) The commission may not delegate to another state agency the commission's responsibility to administer the informal dispute resolution process. (f) The rules adopted under Subsection (a) that relate to a dispute described by Section 247.051 (a), Health and Safety Code, must incorporate the requirements of Section 247.051 , Health and Safety Code.
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