| (a) The Texas Department of Human Services (DHS) will
suspend a facility's license or order an immediate closing of part
of the facility if:
(1) DHS 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 resident.
(b) The order suspending a license or closing a part
of a facility under this section is immediately effective on the date
on which the license holder receives written notice or a later date
specified in the order. Written notice includes notice by facsimile
transmission.
(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) When an emergency suspension has been ordered and
the conditions in the facility indicate that residents should be relocated,
the following rules apply unless superseded by DHS's Medicaid discharge
rules in §19.502 of this title (relating to Transfer and Discharge
in Medicaid-Certified Facilities):
(1) A resident's rights or freedom of choice in selecting
treatment facilities must be respected.
(2) If a facility or part of a facility is closed:
(A) DHS will notify 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 resident's
guardian or responsible party and attending physician, advising them
of the action in process;
(C) the resident or the resident's guardian or responsible
person must be given opportunity to designate a preference for a specific
facility or for other arrangements;
(D) DHS must arrange for relocation to other facilities
in the area in accordance with the resident's preference. A facility
chosen for relocation must be in good standing with DHS and, if certified
under Titles XVIII and XIX of the Social Security Act, must be in
good standing under its contract. The facility chosen must be able
to meet the needs of the resident;
(E) if absolutely necessary, to prevent transport over
substantial distances, DHS will grant a waiver to a receiving facility
to temporarily exceed its licensed capacity, provided the health and
safety of residents is not compromised and the facility can meet the
increased demands for direct care personnel and dietary services.
A facility may exceed its licensed capacity under these circumstances,
monitored by DHS staff, until residents can be transferred to a permanent
location;
(F) with each resident transferred, the following reports,
records, and supplies must be transmitted to the receiving institution:
(i) a copy of the current physician's orders for medication,
treatment, diet, and special services required;
(ii) personal information such as name and address
of next of kin, guardian, or party responsible for the resident;
attending physician; Medicare and Medicaid identification number;
social security number; and other identification information as deemed
necessary and available;
(iii) all medication dispensed in the name of the resident
for which a physician's orders are current. The medications must be
inventoried and transferred with the resident. Medications past an
expiration date or discontinued by physician order must be inventoried
for disposition in accordance with state law;
(iv) the residents' personal belongings, clothing,
and toilet articles. An inventory of personal property and valuables
must be made by the closing facility; and
(v) resident trust fund accounts maintained by the
closing facility. All items must be properly inventoried and receipts
obtained for audit purposes by the appropriate state agency;
(G) if the closed facility is allowed to reopen within
90 days, the relocated residents have the first right to return to
the facility. Relocated residents may choose to return, may stay in
the receiving facility (if the facility is not exceeding its licensed
capacity), or choose any other accommodations;
(H) any return to the facility must be treated as a
new admission in regard to exchange of medical information, medications,
and completion of required forms; and
(I) a licensee whose facility is closed under this
section is entitled to request an administrative hearing in accordance
with Chapter 79, Subchapter Q of this title (relating to Formal
Appeals), but requesting a hearing does not suspend the effectiveness
of the order.
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| Source Note: The provisions of this §554.2108 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective October 15, 1998, 23 TexReg 10496; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
