The State of Texas regulates hospitals and most health-related clinics and facilities. This regulation is carried out through a number of different agencies empowered to oversee the care provided in medical care facilities and enforce disciplinary action when necessary.
Complaints Against Texas Medical Care Facilities
The Health Facility Program of the Texas Department of State Health Services (DSHS) ensures that hospitals, clinics, and certain other health care facilities provide safe and responsible care to patients. DSHS also investigates allegations of improper billing by hospitals.
Complaints may be made to the Health Facility Compliance Group against regulated healthcare facilities, including hospitals, comprehensive out-patient rehabilitation facilities, abortion centers, ambulatory surgical centers, birthing centers, community mental health centers, end stage renal disease facilities, out-patient physical therapy, portable x-ray services, rural health clinics, special care facilities, and speech pathology services. Complaints against substance abuse or narcotic treatment facilities may be made to the Substance Abuse Facility Investigations.
The Facility Compliance Group takes the following steps when processing a complaint against a regulated healthcare facility:
- Evaluate allegations to determine if a potential regulatory violation exists.
- Evaluate allegations to determine if referral to another regulatory body is appropriate.
- Authorize investigation, if a potential regulatory violation exists.
- Send referral letters to other regulatory bodies, as appropriate.
- Conduct investigation by on-site visit or by mail, as appropriate.
- Determine regulatory violations, if indicated.
- Recommend enforcement action to be taken against the facility, if indicated.
- Notify complainant of investigative findings.
- Take enforcement action against facility, as appropriate.
State of Texas licensing enforcement action against a regulated entity may be taken by DSHS' Enforcement Unit. Federal enforcement action against a regulated entity may be taken by the Health Care Financing Administration of the U.S. Department of Health and Human Services.
Complaints Against Texas Nursing Homes
The Texas Department of Aging and Disability Services (DADS) of Texas Health and Human Services is tasked with licensing and inspecting nursing homes in Texas. DADS has authority to investigate complaints and alleged violations of state and federal nursing home standards. The department investigates allegations of misconduct occurring in Texas nursing homes, assisted living facilities, intermediate care facilities, and in homes using a home health agency.
Upon investigating concerns about a licensed home, DADS may refer the investigation to the Office of the Attorney General of Texas. Enforcement action against a Texas nursing home may be taken by the Office of the Attorney General.
Facing An Investigation Against Your Medical Care Facility
If you have been notified of a complaint filed against your medical care facility or nursing home for alleged violations of state or federal standards, it is critical that you seek the advice of an experienced medical license defense attorney immediately.
Our Firm believes that immediately consulting an experienced license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. The attorneys at BERTOLINO LLP are prepared to represent you at any legal hearing or proceeding regarding your healthcare facility's license.
Our law firm helps professionals and facilities keep their licenses when those licenses are under attack by a state agency or board.
Contact us today or call (512) 717-5432 and schedule a case evaluation.