Professional Documents
Culture Documents
KIRK COLE
INTERIM COMMISSIONER
Notice of Violation
Timberlawn Mental Health System
Page 2
Notice of Violation
Timberlawn Mental Health System
Page 3
(4) When a need for performance improvement is identified, the hospital shall develop and
implement an action plan to address the identified need.
(5) The hospital shall evaluate the success of the action plan to determine if the positive outcomes
are achieved and sustained.
(6) If the hospital determines that the positive outcomes have not been achieved or sustained, the
hospital shall modify the action plan and re-evaluate its implementation until the outcomes are
achieved and sustained.
An administrative penalty in the amount of $25,000 is proposed for this rule violation.
April 22, 2015 unannounced full survey:
3. The Facility failed to ensure the implementation of an active program for the prevention,
control and investigation of infections and communicable diseases, to wit:
The Facility failed to:
Ensure a clean and sanitary environment was maintained for the Geriatric, Trauma,
Lewis I and Burkett II units.
Ensure direct care staff for the Geriatric Unit practiced good infection control procedures
during patient care for Patients #2, #3 and #5.
Ensure that specimens collected from patients were processed timely for lab analysis for
the Bloss and Burkett I units.
Notice of Violation
Timberlawn Mental Health System
Page 4
Notice of Violation
Timberlawn Mental Health System
Page 5
An administrative penalty in the amount of $360,000 ($15,000 x 4 patient altercations plus $15,000
x 20 patient urine samples) is proposed for this rule violation.
May 13, 2015 second on-site complaint investigation:
7. The Facility failed to ensure that patients were provided the proper treatment environment,
to wit:
The Facility failed to provide patients with the proper treatment environment: the inadequate
monitoring of Patients #1 and #2 allowed the two patients to have a sexual encounter.
Furthermore, the Facility exceeded its bed capacity by three (3) patients on or about May 7 8,
2015. Finally on or about May 12, 2015, the Facility could not account for the whereabouts of
patients in rooms #142, #144, #148, #154, #158 and #160 at all times. , The Facilitys failure to
adequately and safely monitor all of these patients violated 25 TAC 404.154(3), which states:
404.154 Rights of All Persons Receiving Mental Health Services
Persons receiving mental health services from department facilities, community centers, and
psychiatric hospitals have the following rights.
(3) The right to a humane treatment environment that ensures protection from harm, provides
privacy to as great a degree as possible with regard to personal needs, and promotes respect and
dignity for each individual.
An administrative penalty in the amount of $185,000 ($50,000 for Patient #1 and #2 plus $15,000 x
remaining 9 patients) is proposed for this rule violation.
July 1, 2015 unannounced follow-up full survey:
8. The Facility failed to protect patients, to wit:
The Facility failed to protect and provide patients with a safe environment by failing to modify,
secure or remove hazardous objects for Patients #7, #10, #13, #27, #28 and #29. The Facility
failed to remove materials resulting in Patient #7s injury, in violation of 25 TAC
411.477(a)(1)(B), which states:
411.477 Protection of a Patient
(a) Modifying the environment and monitoring the patient. A hospital shall protect a patient by
taking the following measures:
(1) modifying the hospital environment based on the patient's needs including:
(B) securing or removing objects that are hazardous to the patient.
An administrative penalty in the amount of $25,000 is proposed for this rule violation.
Notice of Violation
Timberlawn Mental Health System
Page 6
Notice of Violation
Timberlawn Mental Health System
Page 7
An administrative penalty in the amount of $10,000 is proposed for this rule violation.
11. The Facility failed to ensure a Registered Nurse (RN) reassessed patients, based on patient
needs, to wit:
The Facility failed to ensure a RN reassessed Patient #8, who was sent to the emergency room
(ER) on June 27, 2015 for medical treatment, after Patient #8 returned from the ER, in violation
of 25 TAC 411.473(f), which states:
411.473 Nursing Services
(f) Reassessment. An RN shall reassess a patient, based on the patient's needs, but at least every
12 hours after the initial comprehensive nursing assessment, required by subsection (e) of this
section, is conducted.
An administrative penalty in the amount of $10,000 is proposed for this rule violation.
In accordance with Government Code Section 2001.054(c), you have the right to show compliance with
all requirements of law prior to final action by the Department. Within 20 calendar days following the
day you receive this notice, you may:
1) Admit the allegations and accept the Departments determination to impose an Administrative
Penalty in the amount of $1,050,000.00 and revocation of the Facilitys License #000752. Mail in
the license and remit the recommended penalty amount of $1,050,000.00 by cashiers check or
money order made payable to the Department of State Health Services, with a notation of: Deposit
in Budget #ZZ156, Fund #150, and return the enclosed Response to Notice form, with the first box
checked. Please be sure to sign and date the form; or
2) Submit a written request for an informal conference and a hearing (if necessary), regarding the
occurrence of the alleged violations, the amount of the penalties, or both; or,
3) Submit a written request for a contested case hearing to be held at the State Office of Administrative
Hearings regarding the occurrence of the alleged violations, the amount of the penalty, or both.
Please use the attached RESPONSE TO NOTICE form to notify the Department of which option you
have selected.
YOU MUST RESPOND TO THIS NOTICE WITHIN 20 CALENDAR DAYS AFTER THE
DATE YOU RECEIVE THIS NOTICE. IF YOU DO NOT RESPOND TO THIS NOTICE BY
THE DEADLINE: YOUR OPPORTUNITY TO REQUEST A CONFERENCE WILL BE
DEEMED WAIVED; AND THE DEPARTMENT WILL SET THIS CASE FOR HEARING
BEFORE THE STATE OFFICE OF ADMINISTRATIVE HEARINGS PURSUANT TO HSC
241.059(h).
Notice of Violation
Timberlawn Mental Health System
Page 8
If you have any questions regarding this proposal, please contact me at (512) 834-6665, ext. 3320.
Sincerely,
Please select an option by checking the applicable box. Sign in the space provided below, and return
this page not later than the 20th calendar day after you receive this notice.
OPTION 1
Respondent admits the allegations and accepts the proposed action in the
Departments Notice. Respondent waives the right to an administrative hearing or an
appeal. Respondent shall mail in License #000752 and remit an administrative penalty
in the amount of $1,050,000 by cashiers check or money order made payable to the
Department of State Health Services, with a notation of: Deposit in Budget #ZZ156,
Fund #150. Mail the penalty with this form to: Texas Department of State Health
Services, Cash Receipts Branch MC-2003, PO Box 149347, Austin, Texas 787149347.
OPTION 2
Respondent does not accept the proposed action in the Departments Notice and
requests an informal conference and, if necessary, a hearing.
OPTION 3
Respondent does not accept the proposed action in the Departments Notice and
requests a hearing before the State Office of Administrative Hearings.
If you are not including a payment with your response, please mail your response to:
Texas Department of State Health Services, Enforcement Unit MC 7927, Attn: Dianne Estrada,
P.O. Box 149347, Austin, TX 78714-9347 or fax it to: 512-834-6625.
SIGNATURE OF RESPONDENTS
AUTHORIZED REPRESENTATIVE
DATE
000752
LICENSE NUMBER
Street Address