| (a) A facility's application for designation may be
denied or a facility's designation may be suspended or revoked for
failure to meet designation requirements, or for any of the following
reasons:
(1) failure to comply with the statute and this chapter;
(2) willful preparation or filing of false reports
or records;
(3) fraud or deceit in obtaining or attempting to obtain
designation status;
(4) failure to submit data to the State Trauma Registry;
(5) failure to maintain required licenses, designations,
and accreditations or when disciplinary action has been taken against
the health care facility by a state or national licensing agency;
(6) failure to have appropriate staff, equipment, or
resources required for designation routinely available;
(7) unauthorized disclosure of medical or other confidential
information;
(8) alteration or inappropriate destruction of medical
records; or
(9) refusal to render care because of a patient's race,
color, sex, pregnancy, national origin, religion, sexual preference,
age, disability, medical condition, or inability to pay.
(b) Intermittent failure of a facility to meet designation
criteria is not grounds for denial, suspension, or revocation by the
department, if the circumstances under which the failure occurred:
(1) do not reflect an overall deterioration in quality
of trauma care; and
(2) are corrected within a reasonable timeframe by
the facility.
(c) If the department proposes to deny, suspend, or
revoke a designation, the department must notify the facility at the
address shown in current department records. The notice must state
the alleged facts that warrant the proposed action and state the facility
has an opportunity to appeal the proposed action through the Trauma
Designation Review Committee as described in §157.126(s) of this
subchapter (relating to Trauma Facility Designation Requirements Effective
on September 1, 2025) or request a hearing in the manner referenced
for contested cases in Texas Government Code Chapter 2001.
(1) A request for a hearing must be in writing and
submitted to the department within 15 days of the issuance date.
(2) If the facility fails to submit a written request
for a hearing, it will be deemed to have waived the opportunity for
a hearing and the proposed action will be ordered.
(d) Six months after the denial of an applicant facility's
designation, the applicant facility may reapply for facility designation.
(e) One year after the revocation of a facility's designation,
the facility may reapply for designation. The department may deny
designation if the department determines the reason for the revocation
continues to exist or if the facility otherwise does not continuously
meet the designation requirements.
(f) The department informs the facility of the potential
funding implications related to the designation denial, suspension,
or revocation as outlined in:
(1) 1 Texas Administrative Code §355.8052 and §355.8065;
and
(2) Section 157.130 of this subchapter (relating to
Funds for Emergency Medical Services, Trauma Facilities, and Trauma
Care Systems, and the Designated Trauma Facility and Emergency Medical
Services Account).
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| Source Note: The provisions of this §157.128 adopted to be effective September 1, 2000, 25 TexReg 3749; amended to be effective December 26, 2006, 31 TexReg 10300; amended to be effective November 24, 2024, 49 TexReg 9241 |
