| (a) The Texas Health and Human Services Commission
(HHSC) may issue an emergency order to suspend a facility's license
issued under this chapter, if HHSC has reasonable cause to believe
that the conduct of a license holder creates an immediate danger to
public health and safety.
(b) An emergency suspension under this section is effective
immediately without a hearing on notice to the license holder.
(c) On written request of the license holder to HHSC
for a hearing, HHSC shall refer the matter to the State Office of
Administrative Hearings. An administrative law judge of the office
shall conduct a hearing, not earlier than the 10th day or later than
the 30th day after the date HHSC receives the hearing request, to
determine if the emergency suspension is to be continued, modified,
or rescinded.
(d) A hearing and any appeal under this section are
governed by HHSC rules for a contested case hearing and Texas Government
Code Chapter 2001 (relating to Administrative Procedure).
|
