Registration Information

What is registration information?

• It is a brief, written summary of an IDR participant's employment history during the preceding five years, including employment with regulatory agencies of this state and other states.
• It should state who owns the facility, including the identity of the controlling person or persons.
• It should note other entities the IDR participant represents or has represented before HHSC in the past 24 months.

Where is the registration form? I've filled out an IDR request form, isn't that enough?

There is no registration form. The information required from a law firm is often several pages in length; a provider's information may be less than one page.

Why do I have to register if I have a lawyer?

Health and Safety Code, §247.051(a)(3) and the Texas Government Code, §531.058(a)(3), require that EVERY facility provider and their representative register with the Health and Human Services Commission (HHSC) when requesting an Informal Dispute Resolution (IDR) or Informal Reconsideration (IR).

When is the registration information due?

IDR registration information should be faxed to HHSC with the IDR request form. If the registration information changes prior to a scheduled telephone or face-to-face IDR conference, the changed information or the information for a new party who will be participating (even if the party plans on saying nothing at the IDR conference) must be faxed to the IDR program prior to the conference.

How often do I have to send it?

Send in registration information with every IDR request. The registration information may change. Law firms must update their information every time an IDR is requested. The registration information is kept with every IDR folder.

What if I don't send it in?

The receipt of the IDR Decision and Rationale (D&R) may be delayed. The D&R will not be sent to the provider/representative until HHSC receives the registration information. Providers (and their attorneys) will not be allowed to participate in the telephone or face-to-face conference until registration information is received.

IDR Request Form

Where and how do I file my request?

The IDR request form has three steps:

1. Complete and sign the form, filling in all blanks.
2. Fax it to your DADS regional office.
3. Fax the IDR request form, confirmation of fax to DADS regional office, and the registration information to the HHSC IDR office. (The IDR request cannot be processed if it is ONLY faxed to DADS.)

Should I list an attorney on the IDR request form?

List an attorney only if the attorney is representing the facility in the IDR. (The attorney does not have to represent the facility in the IDR in order to represent the facility before State Office of Administrative Hearings (SOAH) or in other court appeals.)

What if I list an attorney?

If an attorney is listed on the IDR request form, the acknowledgement letter, any information received from DADS, and the final letter and decision and rationale will be sent to the attorney, NOT to the facility. The facility representative still has to register for the IDR, in addition to registering the attorney.

Should I request an IDR in this situation?

A provider/representative may request an IDR when there is:

• evidence that disputes a deficient practice cited by the Department of Aging and Disability Services (DADS);
• evidence that shows that deficient practice was cited under an incorrect tag;
• evidence that shows that surveyors would not have cited a deficiency/violation if they had been provided with that evidence; or
• evidence that disputes the scope and severity of a cited deficiency/violation (for nursing facilities with immediate jeopardy or substandard quality of care only).

DADS complaints

What if I have a complaint about the DADS surveyors or the survey process?

Survey/surveyor complaints cannot and will not be addressed in the IDR process. Address all survey procedure or surveyor complaints to Catrell Wicker, Quality Management Section, DADS State Office.

More Questions?

When should I call or e-mail the IDR Program?

Call immediately for assistance filling out the IDR request form, obtaining the IDR procedures (if access to the IDR website is unavailable), or for questions regarding the IDR process. The State Operations Manual (SOM) permits only one chance at an IDR per survey visit. Submit questions before the 30-day timeline to complete an IDR is up.

Who do I call or e-mail with IDR questions or concerns?

Call (512) 424-6621 or e-mail:
peggy.attaway@hhsc.state.tx.us

HHSC encourages telephoning or e-mailing the IDR program with questions regarding the IDR process. Include the Compliance Review number, facility name, exit date, and contact name and telephone number or e-mail address for more efficient service. An IDR staff person will research your issue and respond as soon as possible.

What is the cut-off time related to due dates for submitting IDR request forms and supporting documentation to HHSC?

HHSC uses the actual day, not the business day, in determining its cut-off times for due dates. Anything received at or before 11:59 p.m. Central Daylight Time/Central Standard Time (CDT/CST) will be considered "received" on that date. Anything received at or after midnight CDT/CST will be considered "received" on the following date.

For example, a request form received on May 16, 2005 at 6:15 p.m. CDT/CST would have a "stamp in" or "received" date of May 16, 2005. A request form received at 12:02 a.m. CDT/CST that same night would have a "stamp in" or "received" date of May 17, 2005.