| (a) A person holding a controlling interest in a facility
may, at any time, request the Texas Department of Human Services (DHS)
to assume the operation of the facility through the appointment of
a trustee.
(b) If DHS believes that the appointment of a trustee
is desirable, DHS may enter into an agreement with the person holding
the controlling interest for appointment of the trustee to take charge
of the facility.
(c) Any agreement entered into under this section must:
(1) specify all terms and conditions of the trustee's
appointment and authority; and
(2) preserve all rights of the residents as granted
by law.
(d) The agreement will terminate either at a time specified
in the agreement or upon receipt of notice of intent to terminate
sent by either party.
(e) If DHS determines that termination of the agreement
by the person holding a controlling interest in the facility would
not be in the best interest of the residents, DHS will petition a
court for an involuntary appointment under the terms of §19.2116
of this title (relating to Involuntary Appointment of a Trustee).
(f) The appointment of a trustee by agreement does
not suspend the obligation of a facility to pay assessed monetary,
civil, or administrative penalties.
|
| Source Note: The provisions of this §554.2118 adopted to be effective May 1, 1995, 20 TexReg 2054; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
