26 Tex. Admin. Code § 261.218 - Voluntary Facility Closure and Suspension of Certified Capacity
(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
§
261.227 of this chapter (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 §
261.269 of this chapter (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 Subchapter B2 of this
chapter (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.
Notes
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