| (a) A license holder may request that the executive
commissioner stay a license revocation imposed in accordance with
§19.2107 of this chapter (relating to Revocation of a License
by the Executive Commissioner). The request must:
(1) be in writing;
(2) be submitted to the department within 10 working
days after the license holder receives written notification of the
revocation;
(3) explain how the license holder meets the applicable
criteria described in subsection (b) of this section;
(4) describe any potential negative impact to residents
that may occur if the request for stay is denied;
(5) include any documentation supporting the request;
and
(6) be signed by an authorized representative of the
license holder.
(b) The executive commissioner grants or denies a request
to stay a license revocation imposed in accordance with §19.2107
of this chapter if the license holder requests a stay in accordance
with subsection (a) of this section. The executive commissioner may
grant the request if, based on a review of the request and any other
relevant documentation, the executive commissioner determines that:
(1) the stay would not jeopardize the health and safety
of the residents or place the residents at risk of abuse or neglect
based on the following criteria;
(A) no more than one of the violations that resulted
in the proposed revocation was widespread in scope;
(B) the facility’s regulatory record, other than
the three violations that resulted in the proposed revocation, encompassing
five years preceding the date of the stay request, does not reflect
a history of substandard quality of care violations;
(C) if the license holder requesting the stay holds
licenses for other facilities, the license holder’s overall
performance does not reflect a history of substandard quality of care
violations related to abuse or neglect; and
(D) there are no other factors that will jeopardize
the health and safety of the residents or place the residents at risk
of abuse or neglect;
(2) the request submitted by the license holder demonstrates
that:
(A) the license holder has explained why:
(i) the violations that resulted in the proposed revocation
are not indicative of the overall quality of care provided at the
facility; and
(ii) granting the stay will not jeopardize the health
and safety of the residents or place the residents at risk of abuse
or neglect and is likely to result in future compliance with licensure
requirements;
(B) the license holder has conducted a system-wide
analysis of the facility that identifies all underlying problems that
led to or contributed to the violations that resulted in the proposed
revocation and has developed a plan to address those problems; and
(C) the license holder has initiated action to implement
the plan;
(3) the license holder meets one of the following criteria:
(A) a rapid response team determines that the facility
has cooperated with the team and has demonstrated improvement in quality
of care as described in §19.911 of this chapter (relating to
Rapid Response Team); or
(B) for a "veteran’s home," as defined in Texas
Natural Resources Code §164.002, the Texas Veterans Land Board
contracts with a different entity to operate the home than the entity
that operated the home during the period in which the violations described
by §19.2107 of this chapter occurred; and
(4) the license holder has entered into a stay agreement
acceptable to the executive commissioner that, at a minimum, includes:
(A) a requirement that the license holder complete
actions to address the underlying causes that resulted in the violations
that led to the proposed revocation in accordance with a schedule;
(B) a requirement that the license holder not receive
a violation that constitutes an immediate threat to health and safety
or that results in actual harm to a resident for a period of time
after the effective date of the stay agreement as determined by the
executive commissioner, but no less than 12 months; and
(C) a waiver of the license holder’s right to
request a hearing if the stay is lifted and the revocation is imposed
in accordance with subsection (d)(2) of this section.
(c) For purposes of subsection (b)(4)(B) of this section,
a facility has received a violation that constitutes an immediate
threat to health and safety or that results in actual harm to a resident
if the violation is cited and upheld in informal dispute resolution,
if requested.
(d) If the executive commissioner grants a license
holder’s request for a stay in accordance with this section:
(1) the stay is lifted and the revocation is rescinded
if the executive commissioner determines the license holder has successfully
completed all requirements of the stay agreement described in subsection
(b)(4) of this section in accordance with the schedule described in
subsection (b)(4)(A) of this section; or
(2) the stay is lifted and the revocation is imposed
if the executive commissioner determines the license holder has not
successfully completed all requirements of the stay agreement described
in subsection (b)(4) of this section in accordance with the schedule
described in subsection (b)(4)(A) of this section.
|
| Source Note: The provisions of this §554.2113 adopted to be effective March 27, 2017, 42 TexReg 1574; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
