Any medical care facility within the state of Texas that has received notification that a complaint has been filed against it with the agency that regulates it has a lot to deal with. Regulation of these facilities is slightly different depending on the type of facility, but the fact remains: every facility should take complaints very seriously.
Clinics, hospitals, and some other health care facilities are controlled by the Health Care Facilities Regulation standards of the Texas Department of Health and Human Services. These facilities—which include birthing centers, community mental health centers, chemical dependency treatment facilities, comprehensive outpatient rehabilitation facilities, ambulatory surgical centers, abortion centers, speech pathology services, end stage renal disease facilities, rural health clinics, special-care facilities, out-patient physical therapy, and portable x-ray services—are monitored to ensure that they are doing everything they can to provide patients with responsible, safe care. When HHS receives a complaint against a regulated health facility, it first evaluates the allegations in order to decide whether there might be a regulatory violation at hand, and to determine whether the complaint would be more properly referred to a different regulatory body. If it decides that there is a potential violation and that jurisdiction over the concern is its own, it will authorize an investigation. Then on-site and mail-based investigations will be launched in order to determine whether any regulatory violations have, indeed, occurred. At this point, if enforcement actions seem to be called for, the Department will recommend them, notify the facility of its findings, and take its enforcement action against the facility. The Department tends to approach complaints as though they were true from the get-go, leaving the onus on the medical care facility to prove that the opposite is in fact the case.
When a health care facility receives notice of a complaint, therefore, it is vital that they immediately seek the advice of an experienced medical license defense attorney. Permitting our firm to engage in a thorough review of allegations of either misconduct or improper maintenance of facilities gives these facilities their best chance of achieving a favorable outcome in the case.
Our law firm helps health care facilities keep their licenses when those licenses are under attack by the state.
BERTOLINO LLP proudly represents professionals and professional facilities across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. If you are facing disciplinary action, contact us today or call (512) 476-5757 and schedule a case evaluation.
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