| (a) The Texas Health and Human Services Commission
(HHSC) may suspend a facility's license when the facility's violation
of the licensure rules threatens to jeopardize the health and safety
of the residents.
(b) Suspension of a license may occur simultaneously
with any other enforcement provision available to HHSC.
(c) The facility will be notified by certified mail
of HHSC's intent to suspend the license, including the facts or conduct
alleged to warrant the suspension. The facility has an opportunity
to show compliance with all requirements of law for the retention
of the license as provided in §551.18 of this chapter (relating
to Informal Reconsideration). If the facility requests an informal
reconsideration, HHSC will give the license holder a written affirmation
or reversal of the proposed action.
(d) The facility will be notified by certified mail
of HHSC's suspension of the facility's license. The facility has 15
days from receipt of the certified mail notice to request a hearing
in accordance with 1 TAC §357.484 (relating to Request for a
Hearing). The suspension will take effect when the deadline for appeal
of the suspension passes, unless the facility appeals the suspension.
If the facility appeals the suspension, the status of the license
holder is preserved until final disposition of the contested matter.
(e) The suspension will remain in effect until HHSC
determines that the reason for suspension no longer exists. HHSC will
conduct an on-site investigation prior to making a determination.
During the suspension, the license holder must return the license
to HHSC.
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| Source Note: The provisions of this §551.232 adopted to be effective May 1, 1995, 20 TexReg 1659; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
