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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 550LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER CGENERAL PROVISIONS
DIVISION 1OPERATIONS AND SAFETY PROVISIONS
RULE §550.202Suspension of Operations

(a) Suspension of operations occurs when a center suspends its normal business operations for five or more consecutive days due to:

  (1) a scheduled closing of the center when a center has at least 45 days advance notice of the need to close the center; or

  (2) an unscheduled closing of the center when a center has less than 45 days but more than 15 days advance notice of the need to close the center.

(b) A suspension of operations may not exceed the expiration date of the licensure period.

(c) If a center suspends operations due to a scheduled closing of the center, the center must:

  (1) provide written notification to an adult minor or a minor's parent at least 30 days before the suspension of operations begins that includes:

    (A) the start and end date of the suspension;

    (B) instructions for obtaining a minor's medical records before and during the suspension for all services provided at the center; and

    (C) information about the available options to transfer, discharge, or put a minor's services on hold depending on the needs of the minor;

  (2) assist a parent or an adult minor with finding alternative services during the suspension;

  (3) discharge, transfer or put a minor's services on hold in accordance with §15.608 of this chapter (relating to Discharge or Transfer Notification);

  (4) ensure coordination of services for the minor's other service providers;

  (5) notify the minor's physician at least 30 days before the suspension of operations begins;

  (6) provide written notification to DADS at least 30 days before the suspension of operations begins; and

  (7) post a notice, in a location visible outside of the center for the duration of the suspension, that provides information about the suspension of operations, including:

    (A) the start and end date of the suspension; and

    (B) how to obtain a minor's records during the suspension;

  (8) leave an outgoing message, on the center's answering machine or other similar electronic mechanism or with an answering service, that provides the information in paragraph (7) of this subsection; and

  (9) notify DADS in writing within seven days after resuming normal business operations.

(d) If a center suspends operations due to an unscheduled closing of the center, the center must:

  (1) provide oral and written notification to a minor's parent no later than 15 days before the suspension of operations begins that includes:

    (A) the start and estimated end date of the suspension;

    (B) instructions for obtaining a minor's medical records before and during the suspension for all services provided at the center; and

    (C) information about the available options to transfer, discharge, or put a minor's services on hold depending on the needs of the minor;

  (2) assist a parent or an adult minor with finding alternative services during the suspension;

  (3) discharge, transfer or put the minor's services on hold in accordance with §15.608 of this chapter;

  (4) ensure coordination of services with the minor's other service providers;

  (5) notify the minor's physician no later than 15 days before the suspension of operations begins;

  (6) provide written notification to DADS no later than 15 days before the suspension of operations begins;

  (7) post a notice, in a location visible outside of the center, for the duration of the suspension that provides information about the suspension of operations, including:

    (A) the start and estimated end date of the suspension; and

    (B) how to obtain a minor's records during the suspension;

  (8) leave an outgoing message, on the center's answering machine or other similar electronic mechanism or with an answering service, that provides the information in paragraph (7) of this subsection; and

  (9) notify DADS in writing within seven days after resuming normal business operations.

(e) If the center must close with less than 15 days advance notice, the center must follow the requirements in §15.209 of this division (relating to Emergency Preparedness Planning and Implementation).


Source Note: The provisions of this §550.202 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875

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