Texas Health and Safety Code 242.046 – Open Hearing
(a) The department shall hold an open hearing in a licensed institution if the department has taken a punitive action against the institution in the preceding 12 months or if the department receives a complaint from an ombudsman, advocate, resident, or relative of a resident relating to a serious or potentially serious problem in the institution and the department has reasonable cause to believe the complaint is valid. The department is not required to hold more than one open meeting in a particular institution in each year.
(b) The department shall give notice of the time, place, and date of the hearing to:
(1) the institution;
(2) the designated closest living relative or legal guardian of each resident; and
(3) appropriate state or federal agencies that work with the institution.
Terms Used In Texas Health and Safety Code 242.046
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The department may exclude an institution’s administrators and personnel from the hearing.
(d) The department shall notify the institution of any complaints received at the hearing and, without identifying the source of the complaints, provide a summary of them to the institution.
(e) The department shall determine and implement a mechanism to notify confidentially a complainant of the results of the investigation of the complaint.