Posted June 20, 2002
On May 17th, 2002 Texas Health and Human Services Commission released a few changes to the IDR Procedures for Providers, including Nursing Facilities, ICF-MR Facilities, and Assisted Living Facilities.
Changes to Request Process
The following changes to the IDR request process are now in effect:
- HHSC and the DHS regional office must receive the IDR request form within 10 calendar days of the provider receiving the statement of deficiency/violation via certified mail.
- If the 10th calendar day falls on a Saturday, Sunday, or legal holiday, the request is due the following business day.
- The provider must now also submit the fax confirmation showing that the DHS regional office received a copy of the IDR request form. This fax confirmation must be sent along with the IDR request to HHSC.
- The IDR request form is not considered “received” by HHSC until the fax confirmation and the signed/dated IDR request form are received from the provider.
Tip: To maximize the amount of time in which to prepare for the submission of supporting documentation, submit the IDR request form, DHS fax confirmation and registration information on the 10th calendar day after receiving the statement of deficiency/violation via certified mail. This gives you the greatest amount of time for submitting supporting documentation after requesting an IDR
Process for Sharing IDR Information
The following is the order of events for the sharing of IDR information:
- First, HHSC will share all received IDR information with both parties
- Parties will have until the end of the second business day after receipt of the IDR information sent by HHSC to respond to HHSC with rebuttals.
- Responses must be made by e-mail, fax, hand delivery, or overnight delivery only.
- Responses will again be shared with both parties, and there will be no further responses by either party, with the exception that HHSC may request additional information or clarification from either party.
- The response is due no later than the end of the second business day after the information or clarification is requested.
Requests for IDR Conferences
The following changes to IDR procedures affect the ability of a provider to request an IDR conference. Under the new procedures,
- A provider may request a 30-minute telephone or face-to-face IDR conference under certain conditions, and
- post-conference face-to-face IDRs will no longer be allowed.
The provider may be granted an IDR conference if:
- The IDR conference was requested on the IDR request form, AND
- The survey visit resulted in deficiencies/violations in which remedies are to be imposed or adverse action has been recommended, OR
- The survey visit resulted in deficiencies/violations in which immediate jeopardy or immediate threat has been identified.
Scheduling of IDR Conference
- With provider input, HHSC will schedule the IDR conference on or before the 22nd day of the IDR process.
- Timelines do not allow for re-scheduled conferences, therefore if a provider is unable to attend on the agreed upon date, the IDR reverts to a desk review.
For more information on this topic, please contact Jerri Lynn Ward, J.D. with your specific question(s) or visit the HHSC website at http://www.hhsc.state.tx.us/hhsc_projects/IDR/idr_home.html.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
