| (a) Permanent closure. An agency must notify HHSC in
writing within five days before the permanent closure of the agency,
branch office, or ADS.
(1) The agency must include in the written notice the
reason for closing, the location of the client records (active and
inactive), and the name and address of the client record custodian.
(2) If the agency closes with an active client roster,
the agency must transfer a copy of the active client record with the
client to the receiving agency in order to ensure continuity of care
and services to the client.
(3) The agency must mail or return the initial license
or renewal license to HHSC at the end of the day that services cease.
(4) If an agency continues to operate after the closure
date specified in the notice, HHSC may take enforcement action against
the agency.
(b) Applicability. This subsection applies to an agency
licensed to provide licensed home health services, personal assistance
services, and licensed-only hospice services.
(1) Voluntary suspension of operations occurs when
an agency voluntarily suspends its normal business operations for
10 or more consecutive days. A voluntary suspension of operations
may not last longer than the licensure renewal period. If an agency
voluntarily suspends operations, the agency must:
(A) discharge or arrange for backup services for active
clients;
(B) provide written notification to the designated
survey office at least five days before the voluntary suspension of
operations, or within two working days before the voluntary suspension
of operations, if an emergency occurs that is beyond the agency's
control; and
(C) post a notice of voluntary suspension of operations
on the entry door of the agency and leave a voice message that informs
callers of the voluntary suspension of operations.
(2) An agency must notify the HHSC HCSSA licensing
unit in writing no later than seven days after resuming operations.
|
| Source Note: The provisions of this §558.217 adopted to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 1, 2006, 31 TexReg 1455; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
