| (a) A facility that is not staffed and open for more
than five calendar days shall inform the Texas Health and Human Services
Commission (HHSC), and HHSC will change the status of the facility
license to inactive.
(1) To be eligible for inactive status, a facility
must be in good standing with no pending enforcement action or investigation.
(2) The licensee is responsible for any license renewal
requirements or fees, and for proper maintenance of patient records,
while the license is inactive.
(3) A license may not remain inactive for more than
60 calendar days.
(4) To reactivate the license, the facility must inform
HHSC no later than 60 calendar days after the facility stopped providing
services under its license.
(5) A facility that does not reactivate its license
by the 60th calendar day after it stopped providing services has constructively
surrendered its license, and HHSC will consider the facility closed.
(b) A facility shall notify HHSC in writing before
closure of the facility.
(1) The facility shall dispose of medical records in
accordance with §509.54 of this chapter (relating to Medical
Records).
(2) The facility shall appropriately discharge or transfer
all patients before the facility closes.
(3) A license becomes invalid when a facility closes.
The facility shall return the licensure certificate to HHSC not later
than 30 calendar days after the facility closes.
(c) A facility that closes, or for which a license
issued under this chapter expires or is suspended or revoked, shall
immediately remove or cause to be removed any signs within view of
the general public indicating that the facility is in operation as
required under Texas Health and Safety Code §254.158 (relating
to Removal of Signs).
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