| (a) DADS will suspend a facility's license or order
an immediate closing of part of the facility if:
(1) DADS 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 client.
(b) The order suspending a license or closing a part
of a facility under this section is immediately effective on the date
the license holder receives a hand-delivered written notice or on
a later date specified in the order.
(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) A licensee whose facility is closed under this
section is entitled to request a formal administrative hearing under
the Health and Human Services Commission's formal hearing procedures
in 1 TAC Chapter 357, Subchapter I, but a request for an administrative
hearing does not suspend the effectiveness of the order.
(e) When an emergency suspension has been ordered and
the conditions in the facility indicate that clients should be relocated,
the following apply:
(1) In all circumstances, a client's rights or freedom
of choice in selecting an adult day care facility must be respected.
(2) If a facility or part thereof is closed, the following
procedures must be followed:
(A) DADS 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 client's guardian
or responsible party and attending physician, advising them of the
action in process.
(C) The client or client's guardian or responsible
party must be given opportunity to designate a preference for a specific
facility or for other arrangements.
(D) DADS will arrange for relocation to other facilities
in the area in accordance with the client's preference. A facility
chosen for relocation must be in good standing with DADS and, if certified
under Titles XVIII and XIX of the United States Social Security Act,
must be in good standing under its contract. The facility chosen
must be able to meet the needs of the client.
(E) If absolutely necessary, to prevent transport over
substantial distances, DADS will grant a waiver to a receiving facility
to temporarily exceed its licensed capacity, provided the health and
safety of clients 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 DADS staff, until clients can be transferred to a permanent
location.
(F) With each client 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 responsible party for the client; attending
physician; Medicare and Medicaid identification number; social security
number; and other identification information as deemed necessary and
available; and
(iii) all medication dispensed in the name of the client
for which physician's orders are current. These must be inventoried
and transferred with the client.
(G) If the closed facility is allowed to reopen within
90 days, the relocated clients have the first right to return to the
facility. Relocated clients 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, including exchange of medical information, medications,
and completion of required forms.
|
| Source Note: The provisions of this §559.104 adopted to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
