Providers to See Changes to the IDR Process

Providers to See Changes to the IDR Process

This legislative session, THCA worked with lawmakers in Austin to make improvements in the Informal Dispute Resolution (IDR) process in effort to have a more fair and equitable process for long term care providers.  As a result, HB 2205 (Clardy/Buckingham), relating to the informal dispute resolution process for certain disputes between the Health and Human Services Commission and long-term care facilities, passed and was signed into law effective June 10, 2019.  Based upon the efforts from THCA and its membership, this bill will ensure oversight of facilities is more transparent and fair. Key provisions of the bill that we want to ensure you are aware of are:

• The lead surveyor who cited an infraction must be available for questions at an IDR hearing.
• If a citation is of a clinical nature, it must be reviewed as part of the IDR process by a registered nurse with long term care experience.
• When a surveyor cites a facility for an Immediate Jeopardy violation, an HHSC representative must notify the facility right away and remain in the facility or be accessible until HHSC has received the plan of removal.

We have been meeting with leadership at HHSC regarding the provisions of HB2205 and have been informed that HHSC will have revised form letters sent to providers detailing these IDR process changes.