Texas Chapter 258 — the Complaint Process and What Comes Back

Check your situation

Answer the questions below. The result shows the rules that turn on your answers, the statutory text behind them, and the facts you still need to confirm yourself.

What to document

A record-keeping aid built from what the law makes relevant.

If you need to escalate

The text, verbatim

Everything above is derived from the text reproduced here. Read it before relying on any summary.

How the regulator reads it

These are official readings, not statutory text. They are labelled as such wherever they appear.

What this page does not cover

• Chapter 258 does not state a deadline for submitting a complaint. Any time limit you have been given comes from agency practice or from another body of law, not from this chapter. This page does not state one. Last verified 2026-09-17
• Sec. 258.006(b)(2) requires the commission to establish a time to review and respond to a complaint. The statute does not itself set that time. This page does not present any number as the statutory deadline. Last verified 2026-09-17
• Chapter 258 does not contain a damages provision that we can identify. Sec. 241.056 is reproduced here because Sec. 258.006(a)(1) points at Subchapter C of Chapter 241, but Sec. 241.056(a) is keyed to two named sections and nothing in chapter 258 says a chapter 258 complaint reaches it. This page does not state that it does. Last verified 2026-09-17
• This page addresses the chapter 258 complaint process before HHSC. It does not address wrongful termination, whistleblower statutes outside chapter 258, collective bargaining agreements, internal grievance procedures, EEOC or TWC filings, or any federal remedy. Last verified 2026-09-17
• Sec. 258.005 is reproduced verbatim. This page does not assess whether any particular adverse action was retaliatory, and does not tell you what remedy to seek. Last verified 2026-09-17

Other checks

• Screening and stabilising — the orderWhat has to happen when someone arrives at a Medicare hospital's emergency department, what may not happen first, and the one sentence in the section that protects an employee who reports it.
• The transfer itself — three routes, a list of papers, and a nameWhat has to be true before an unstabilized individual is moved: two conditions joined by "and", three routes each producing a different paper, four elements, and a list of records that runs on two clocks — ending with the name and address of a physician who did not come.
• The receiving hospital — what it may not refuse, and what it has to reportThe other end of the transfer: four limits inside one sentence, the definition of capacity that puts qualified staff inside the switch, the two paragraphs that cut against each other, and a reporting duty aimed at the hospital up the road.
• CAH on-duty coverage — 42 CFR 485.631Who has to be available, and who has to be on duty, and when each clock runs.
• Overnight gap — disposition pathwaysA nurse has said no and someone still has to be there. Every option, and what each one rests on.
• The paper trail — what the hospital has to keep, post and reportThe central log, the on-call list and its policies, five years of records for transferred individuals, two postings, and the duty to report a transfer received in an unstable emergency medical condition.
• Observation status — what has to be said, by when, and who signsTwenty-four hours triggers it and thirty-six hours caps it. Two items the notice has to contain, an oral explanation with no person named, and two signature paths — one of which tells a staff member exactly what to write.
• Inpatient status — who countsTwo paragraphs turn on the word inpatient and neither defines it. The one that does defines it for payment.
• On-call and standby — six textsDefined once in Texas law, banned once as a substitute, and prescribed three times in the federal CAH rules — with a different answer each time.
• Nurse staffing plan — ch. 257The chapter before chapter 258: what a hospital must plan for, what the committee must look like, and the two numbers that must be given at the start of every shift.
• Retaliation — ch. 257 and ch. 258Two anti-retaliation sections that protect different acts, one enforcement bridge shared by both, and the single federal sentence that uses the word the other way.
• After the report — inspection, confidentiality, publicationWho may inspect a hospital and on what basis, whether anyone has to investigate, what stays confidential and from whom, and the two numbers the Texas section gives for publishing the outcome.
• Texas nurse mandatory overtimeCan a hospital require it? Ch. 258 definition, prohibition, four exceptions.