(a) Informal reconsideration (IR) for intermediate
care facilities for the mentally retarded. Prior to the effective
date of any termination of certification, the Texas Department of
Human Services (DHS) gives the facility an opportunity for an IR.
(1) Elements of the informal reconsideration are as
follows.
(A) DHS gives the facility written notice of the proposed
termination of certification and the findings upon which the action
is based.
(B) The facility will have the opportunity to refute
DHS's findings in writing. If the facility does not respond during
the specified period, the action will be taken. If there is no response
by the facility, DHS is not required to take any other action on the
appeals process prior to the proposed action.
(C) If the facility does respond as required in subparagraph
(B) of this paragraph, DHS will give the facility a written affirmation
or reversal of the proposed action.
(2) DHS will provide IRs for an immediate termination
of certification as follows.
(A) The facility must submit a written request for
an IR and provide all supporting documentation within five calendar
days after receipt of DHS's written notice of the proposed termination
of certification. Long Term Care-Regulatory staff will provide a written
response to the facility within seven calendar days after receipt
of the request.
(B) If, as a result of a credible allegation visit,
the immediate termination is changed to a 90-day termination, an
IR will be offered based on the findings of this visit. This second
IR will follow the procedures in paragraph (4) of this subsection.
(3) DHS will not provide an IR for an immediate termination
of certification if, as a result of a credible allegation visit, DHS's
proposal to immediately terminate the facility's certification is
not changed.
(4) DHS will provide IRs for a 90-day termination of
certification as follows.
(A) The facility must submit a written request for
an IR and provide all supporting documentation within seven calendar
days after receipt of DHS's written notice of the proposed termination
of certification. Long Term Care-Regulatory staff will provide a written
response to the facility within ten calendar days after receipt of
the request.
(B) After the 45-day visit, DHS will provide the following
IRs for a 90-day termination of certification.
(i) If DHS proposes to continue the 90-day termination
based on new deficiencies, an IR will be offered on the new deficiencies
only, following the procedure in paragraph (2)(A) of this subsection.
(ii) If DHS proposes to continue the 90-day termination
based only on uncorrected deficiencies, an IR will not be offered.
(iii) If DHS proposes to change the 90-day termination
to an immediate termination, an IR will be offered on the new deficiencies
only, following the procedure in paragraph (2) of this subsection.
(5) DHS will not provide an IR for a 90-day termination
of certification if, as a result of a credible allegation visit, DHS's
proposal to terminate the facility's certification in 90 days is not
changed.
(b) Formal hearing for all facilities.
(1) The facility will have the opportunity for a formal
hearing after the effective date of the termination of certification,
denial of certification, or other adverse certification recommendation.
(2) A facility desiring a formal hearing must make
a request to DHS, in writing, within 15 calendar days after the facility
receives DHS's official notice of the action. Upon receipt of the
request, DHS's Office of General Counsel will institute formal hearing
procedures. Failure of the facility to request a formal hearing within
15 calendar days constitutes a waiver of the right to a hearing.
(3) The formal hearing will be conducted in accordance
with DHS's formal hearing procedures in Chapter 79 of this title (relating
to Legal Services).
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Source Note: The provisions of this §96.7 adopted to be effective August 31, 1993, 18 TexReg 2725; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5736; amended to be effective March 1, 1995, 20 TexReg 353; amended to be effective July 31, 1995, 20 TexReg 5261 |