Administrator Denies HHSC Surveyor Immediate Access for Priority One Investigation
Penalty
Summary
The deficiency involves the facility’s failure to allow immediate access to residents by a state representative of the Texas Health and Human Services Commission (HHSC) who arrived to conduct a Priority One (P1) investigation. On the morning in question, at about 8:55 a.m., an HHSC representative arrived at the facility and was instructed to wait in the lobby for the Administrator. At approximately 9:04 a.m., the Administrator came to the lobby and told the HHSC representative that they would have to send someone else because the Administrator had filed a complaint against that representative. The Administrator further stated that the resolution to his complaint was that the HHSC representative would not be allowed back in the building. Subsequent observation at about 9:47 a.m. showed the HHSC representative leaving the facility’s parking lot without having been allowed to conduct the P1 investigation. Census records reviewed by surveyors showed that there were 123 residents in the facility on that date. Record review of Texas Health and Safety Code Chapter 242, Section 242.043, indicated that the commission or its representative may enter an institution at reasonable times to conduct inspections, surveys, or investigations as necessary. Review of HHSC Provider Letter PL 18-26 stated that providers must grant access to all electronic health records when requested by a surveyor. The report states that this failure to allow entry placed all 123 residents at risk of potential harm due to a P1 investigation not being conducted to rule out immediacy.
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