| (a) In this section, the terms "close" and "closure"
refer to a facility ceasing to operate. The terms do not include temporarily
relocating individuals who reside in a facility.
(b) Except as provided in subsection (c) of this section,
if a program provider intends to voluntarily close a facility, the
program provider must submit to DADS, at least 60 days before the
facility closes, written notice of the program provider's intent to
close the facility, which includes:
(1) the anticipated date of closure; and
(2) a description of how the facility will discharge
and relocate an individual who resides in the closing facility to
a new residence.
(c) If, for reasons beyond the program provider's
control, the program provider cannot provide the notice required by
subsection (b) of this section at least 60 days before the program
provider anticipates closing the facility, the program provider must
state in the notice the reason why a shorter time period is necessary.
(d) The program provider must comply with §9.227
of this subchapter (relating to Discharge from a Facility).
(e) If a facility is closing, DADS imposes a vendor
hold on payments due to the program provider under the provider agreement
until an audit conducted in accordance with §9.269 of this subchapter
(relating to Audits) is complete.
(f) A program provider that closes a facility may
request that DADS suspend some or all of the facility's certified
capacity for up to one year after the facility closes.
(g) To request that a facility's certified capacity
be suspended:
(1) the facility's certified capacity must be eight
or less;
(2) the facility must not be the subject of any proposed
or pending enforcement action; and
(3) the program provider must:
(A) voluntarily close the facility; and
(B) submit a letter to DADS requesting suspension of
the facility's certified capacity.
(h) A letter submitted in accordance with subsection
(g)(3)(B) of this section must include:
(1) the legal name and address of the program provider;
(2) the closing facility's name and address;
(3) the facility's identification number;
(4) the facility's contract number;
(5) the facility's license number and expiration date,
if the facility is licensed;
(6) the certified capacity of the facility;
(7) the certified capacity for which the program provider
is requesting the suspension;
(8) the anticipated closure date of the facility;
(9) justification for the suspension of certified capacity;
and
(10) a statement regarding the possible use of the
certified capacity in the future.
(i) Within 30 days after DADS receives a program provider's
letter, as described in subsection (g)(3)(B) of this section, DADS
notifies the program provider in writing whether DADS has approved
or denied the program provider's request to suspend capacity.
(j) If DADS approves a request to suspend capacity,
the notification from DADS states:
(1) the period of time the capacity is suspended, which
must not exceed one year;
(2) the effective date of the suspension;
(3) the certified capacity being suspended; and
(4) the capacity available, which must not exceed six
per facility.
(k) After DADS approves a request to suspend capacity,
DADS does not extend the period of time for which capacity is suspended.
(l) A program provider may not transfer a facility's
suspended capacity to another entity.
(m) DADS may rescind its approval of a request to suspend
certified capacity. If DADS rescinds its approval, the suspended capacity
reverts to the control of DADS.
(n) A program provider does not receive an administrative
hearing to challenge DADS denial of a request to suspend capacity
or DADS rescission of its approval to suspend capacity.
(o) To activate a facility's suspended certified capacity,
the program provider must submit an application for enrollment in
the ICF/IID Program in accordance with Division 2 of this subchapter
(relating to Provider Enrollment) before the suspension period ends.
If a program provider does not submit an application for enrollment
in the ICF/IID Program before the suspension period ends, the suspended
capacity is not available to the program provider and reverts to the
control of DADS. If DADS rejects a program provider's application
for enrollment in the ICF/IID Program, the suspended capacity is not
available to the program provider and reverts to the control of DADS.
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| Source Note: The provisions of this §261.218 adopted to be effective April 17, 2016, 41 TexReg 2600; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |
