| (a) In this section, "immediate threat to health and
safety," is defined as a condition in which immediate corrective action
is necessary because the facility's noncompliance with one or more
requirements has caused, or is likely to cause, serious injury, harm,
impairment, or death to a resident.
(b) Except as provided by subsection (d) of this section,
the executive commissioner revokes a license if DADS finds that:
(1) the license holder has committed three violations
in §19.601(b) or (c) of this chapter (relating to Resident Behavior
and Facility Practice) that constitute an immediate threat to health
and safety related to abuse or neglect of a resident within a 24-month
period at the same facility; and
(2) each of the violations is reported in connection
with a separate survey, inspection, or investigation visit that occurred
on separate entrance and exit dates.
(c) For purposes of calculating the 24-month period
described in subsection (b)(1) of this section, the date a violation
occurs is the date of the initial exit conference for the survey,
inspection, or investigation visit in which the violation was cited.
(d) The executive commissioner does not revoke a license
under subsection (b) of this section if:
(1) the violation and the determination of an immediate
threat to health and safety are not included on the written list of
violations for a survey, inspection, or investigation left with the
facility at the time of the initial exit conference described in §19.2004
of this chapter (relating to Determinations and Actions Pursuant to
Inspections);
(2) the violation is not included on the final statement
of violations described in §19.2004 of this chapter; or
(3) the violation has been reviewed under the informal
dispute resolution process described in Title 1, Texas Administrative
Code, Chapter 393 (relating to Informal Dispute Resolution and Informal
Reconsideration), and the Texas Health and Human Services Commission
determines that:
(A) the violation should be removed from the license
holder's record; or
(B) the violation should be reduced in severity so
that the violation is no longer cited as an immediate threat to health
and safety related to abuse or neglect of a resident.
(e) DADS notifies a license holder as provided in §19.2106(d)
of this division (relating to Revocation of a License) if the executive
commissioner revokes the license holder's license in accordance with
this section.
(f) A license holder may request, in accordance with
§19.2113 of this division (relating to Criteria for the Executive
Commissioner to Stay a License Revocation), that the executive commissioner
stay a revocation imposed in accordance with this section.
(g) A license holder may request a hearing to appeal
a revocation imposed in accordance with this section if the license
holder does not request a stay of the revocation or if the executive
commissioner denies the license holder's request for a stay of the
revocation. The request for a hearing must be made in accordance with
§19.2106(d) of this division.
(h) If a license is revoked in accordance with this
section, to ensure the health and safety of residents of the facility,
DADS may:
(1) request the appointment of a trustee to operate
the facility in accordance with §19.2116 of this division (relating
to Involuntary Appointment of a Trustee);
(2) assist with obtaining a new operator for the facility;
or
(3) assist with the relocation of residents to another
facility.
|
| Source Note: The provisions of this §554.2107 adopted to be effective March 27, 2017, 42 TexReg 1575; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
