26 Tex. Admin. Code § 554.2107 - Revocation of a License by the HHSC Executive Commissioner
(a) In this section, "immediate threat to
health and safety," is defined as a condition in which immediate corrective
action is necessary because the facility's noncompliance with one or more
requirements has caused, or is likely to cause, serious injury, harm,
impairment, or death to a resident.
(b) Except as provided by subsection (d) of
this section, the executive commissioner revokes a license if DADS finds that:
(1) the license holder has committed three
violations in §
554.601(b) or (c)
of this chapter (relating to Resident Behavior and Facility Practice) that
constitute an immediate threat to health and safety related to abuse or neglect
of a resident within a 24-month period at the same facility; and
(2) each of the violations is reported in
connection with a separate survey, inspection, or investigation visit that
occurred on separate entrance and exit dates.
(c) For purposes of calculating the 24-month
period described in subsection (b)(1) of this section, the date a violation
occurs is the date of the initial exit conference for the survey, inspection,
or investigation visit in which the violation was cited.
(d) The executive commissioner does not
revoke a license under subsection (b) of this section if:
(1) the violation and the determination of an
immediate threat to health and safety are not included on the written list of
violations for a survey, inspection, or investigation left with the facility at
the time of the initial exit conference described in §
554.2004 of this chapter (relating
to Determinations and Actions Pursuant to Inspections);
(2) the violation is not included on the
final statement of violations described in §
554.2004 of this chapter; or
(3) the violation has been
reviewed under the informal dispute resolution process described in Title 1,
Texas Administrative Code, Chapter 393 (relating to Informal Dispute Resolution
and Informal Reconsideration), and the Texas Health and Human Services
Commission determines that:
(A) the violation
should be removed from the license holder's record; or
(B) the violation should be reduced in
severity so that the violation is no longer cited as an immediate threat to
health and safety related to abuse or neglect of a resident.
(e) DADS notifies a
license holder as provided in §554.2106(d) of this division (relating to
Revocation of a License) if the executive commissioner revokes the license
holder's license in accordance with this section.
(f) A license holder may request, in
accordance with §554.2113 of this division (relating to Criteria for the
Executive Commissioner to Stay a License Revocation), that the executive
commissioner stay a revocation imposed in accordance with this section.
(g) A license holder may request a
hearing to appeal a revocation imposed in accordance with this section if the
license holder does not request a stay of the revocation or if the executive
commissioner denies the license holder's request for a stay of the revocation.
The request for a hearing must be made in accordance with §554.2106(d) of
this division.
(h) If a license is
revoked in accordance with this section, to ensure the health and safety of
residents of the facility, DADS may:
(1)
request the appointment of a trustee to operate the facility in accordance with
§554.2116 of this division (relating to Involuntary Appointment of a
Trustee);
(2) assist with
obtaining a new operator for the facility; or
(3) assist with the relocation of residents
to another facility.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.