On October 5, 2016, the Texas Department of Aging and Disability Services (DADS) published rule revisions that amended §97.2, Definitions, and §97.527, Post Survey Procedures. These changes were made to ensure consistency with Title 42, Code of Federal Regulations, Part 488, Subparts I and J. The definition of informal review of deficiencies (IRoD) was deleted and replaced with a definition for informal dispute resolution (IDR). The changes also changed the IRoD references to IDR throughout the section to ensure that IDR is available for condition-level deficiencies, violations, or both, cited by DADS against an agency as a result of a survey.
This week DADS published Provider Letter No. 16-42 – Informal Dispute Resolution (IDR) (Replaces PL 11-15) to support the new rules. The policy letter provides updated guidance on the IDR process and states that beginning on October 6, 2016, DADS will not grant Home and Community Support Services Agencies (HCSSA's) a request for an IDR if: 1) DADS cited the same violation or deficiency at the HCSSA’s preceding survey, and 2) DADS cited the violation or deficiency again, with no new findings [40 TAC §97.527(j)(1)]. An IDR is available to all HCSSAs for other condition-level deficiencies, violations or both.
If you have questions regarding this letter, please contact the Policy, Rules and Curriculum section at 512-438-3161.