| (a) HHSC suspends a facility's license or orders an
immediate closing of part of the facility if:
(1) HHSC finds that the facility is operating in violation
of the licensure rules; and
(2) the violation creates an immediate threat to the
health and safety of a client.
(b) The order suspending a license or closing a part
of a facility under this section is immediately effective on the date
the license holder receives a written notice or on a later date specified
in the order.
(c) The order suspending a license or ordering an immediate
closing of a part of the facility is valid for ten days after the
effective date of the order.
(d) A licensee whose facility is closed under this
section is entitled to request a formal administrative hearing under
HHSC's formal hearing procedures in 1 TAC Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act), but
a request for an administrative hearing does not suspend the effectiveness
of the order.
(e) When an emergency suspension has been ordered and
the conditions in the facility indicate that clients should be relocated,
the following requirements apply.
(1) In all circumstances, a client's rights and freedom
of choice in selecting another DAHS must be respected.
(2) If a facility or part thereof is closed, the following
procedures must be followed.
(A) HHSC notifies the local health department director,
city or county health authority, and representatives of the appropriate
state agencies of the closure.
(B) The facility staff must notify each client's guardian
or responsible party and attending physician, advising them of the
action in process.
(C) The client or client's guardian or responsible
party must be given opportunity to designate a preference for another
specific facility or for other arrangements.
(D) HHSC arranges for relocation to another facility
in the area in accordance with the client's preference. A facility
chosen for relocation must be in good standing with HHSC and, if certified
under Titles XVIII and XIX of the United States Social Security Act,
must be in good standing under its contract. The facility chosen must
be able to meet the needs of the client.
(E) If necessary to prevent the transport of a client
over a substantial distance, HHSC may grant a waiver to a receiving
facility to temporarily exceed its licensed capacity, provided the
health and safety of clients is not compromised and the facility can
meet the increased demands for direct service staff and dietary services.
A facility may exceed its licensed capacity under these circumstances,
monitored by HHSC staff, until clients can be transferred to a permanent
location.
(F) With each client transferred, the following reports,
records, and supplies must be transmitted to the receiving institution:
(i) a copy of the current prescribing practitioner's
orders for medication, treatment, diet, and special services required;
(ii) personal information such as the name and address
of the next of kin, guardian, or responsible party for the client;
attending physician; Medicare and Medicaid identification number;
social security number; and other identifying information as deemed
necessary and available; and
(iii) all medication dispensed in the name of the client
for which prescribing practitioner's orders are current. These must
be inventoried and transferred with the client.
(G) If the closed facility is allowed to reopen within
90 days, the relocated clients have the first right to return to the
facility. Relocated clients may choose to return, to stay in the receiving
facility (if the facility is not exceeding its licensed capacity),
or any other available accommodations.
(H) Any return to the facility must be treated as a
new admission, including exchange of medical information, medications,
and completion of required forms.
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