| (a) The Texas Health and Human Services Commission
(HHSC) may suspend a facility's license or order an immediate closing
of part of the facility if:
(1) HHSC finds that the facility is operating in violation
of the licensure rules; and
(2) the violation creates an immediate threat to the
health and safety of a resident.
(b) The order suspending a license or closing a part
of a facility under this section is immediately effective on the date
the license holder receives written notice or a later date specified
in the order.
(c) The order suspending a license or ordering an immediate
closing of a part of the facility is valid for ten days after the
effective date of the order.
(d) When an emergency suspension has been ordered and
the conditions in the facility indicate that residents need to be
relocated, a facility must ensure:
(1) A resident's rights or freedom of choice in selecting
treatment facilities will be respected.
(2) If a facility or part thereof is closed, the following
rules apply.
(A) HHSC will notify the local health department director,
city or county health authority, and representatives of the appropriate
state agencies of the closure.
(B) Facility staff must notify each resident's legally
authorized representative (LAR) and attending physician, advising
them of the action in process.
(C) The resident or the resident's LAR will have an
opportunity to designate a preference for a specific facility or for
other arrangements.
(D) HHSC must contact the local intellectual and developmental
disability authority (LIDDA) to arrange for resident relocation to
other facilities in the area in accordance with the resident's preference.
A facility chosen for relocation must be in good standing with HHSC
and, if certified under Titles XVIII and XIX of the Social Security
Act, must be in good standing under its contract. The facility chosen
must be able to meet the needs of the resident.
(E) If absolutely necessary, to prevent transport over
substantial distances, HHSC will grant a waiver to a receiving facility
to temporarily exceed its licensed capacity, provided the health and
safety of residents is not compromised and the facility can meet the
increased demands for direct care personnel and dietary services.
A facility may exceed its licensed capacity under these circumstances,
monitored by HHSC staff, until residents can be transferred to a permanent
location.
(F) With each resident transferred, the following reports,
records, and supplies must be transmitted to the receiving institution:
(i) a copy of the current physician's orders for medication,
treatment, diet, and special services required;
(ii) personal information, such as name and address
of next of kin or LAR; attending physician; Medicare and Medicaid
identification number; Social Security number; and other identification
information as deemed necessary and available;
(iii) all medication dispensed in the name of the resident
for which physician's orders are current. The medication must be inventoried
and transferred with the resident. Medications past an expiration
date or discontinued by physician order must be inventoried for disposition
in accordance with state law;
(iv) the resident's personal belongings, clothing,
and toilet articles. An inventory of personal property and valuables
must be made by the closing facility; and
(v) resident trust fund accounts maintained by the
closing facility. All items must be properly inventoried, and receipts
obtained for audit purposes by the appropriate state agency.
(G) If the closed facility is allowed to reopen within
90 days, the relocated residents will have the first right to return
to the facility. Relocated residents may choose to return, may stay
in the receiving facility (if the facility is not exceeding its licensed
capacity), or choose any other accommodations.
(H) Any resident's return to the facility must be treated
as a new admission, including exchange of medical information, medications,
and completion of required forms.
(e) A licensee whose facility is closed under this
section is entitled to request an administrative hearing in accordance
with 1 TAC §357.484 (relating to Request for a Hearing), but
a hearing request does not suspend the effectiveness of the order.
|
| Source Note: The provisions of this §551.234 adopted to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; 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 |
