26 Tex. Admin. Code § 554.2116 - Involuntary Appointment of a Trustee
(a)
The Texas Department of Human Services (DHS) may petition a court of competent
jurisdiction for the involuntary appointment of a trustee to operate a facility
if one or more of the following conditions exist:
(1) the facility is operating without a
license;
(2) the facility's license
has been suspended or revoked;
(3)
license suspension or revocation procedures against a facility are pending and
an imminent threat to the health and safety of the residents exists;
(4) an emergency exists that presents an
immediate threat to the health and safety of the residents; and/or
(5) the facility is closing (whether
voluntarily or through an emergency closure order) and arrangements for
relocation of the residents to other licensed institutions have not been made
before closure.
(b) A
trustee appointed under this section is entitled to a reasonable fee as
determined by the court, to be paid from the Nursing and Convalescent Home
Trust Fund, unless the trustee is placed in a veterans home. When a trustee is
placed in a veterans home (as defined in Natural Resources Code, §
164.002), the
Veterans Land Board pays the trustee's fee.
(c) The trustee may use the emergency
assistance funds in the trust fund only to alleviate an immediate threat to the
health and safety of the residents, through such disbursements as payments for
food; medication; sanitation services; minor repairs; supplies necessary for
personal hygiene; or services necessary for the personal care, health, and
safety of the residents.
(d) Before
emergency assistance funds may be dispersed, a court order must be entered
authorizing DHS to disburse emergency assistance funds to the
facility.
(e) A facility that
receives emergency assistance funds under this section must reimburse DHS for
the amounts received not later that one year after the date on which the funds
were received by the trustee. The owner of the facility at the time the trustee
was appointed is responsible for the reimbursement and must pay interest from
the date the funds were disbursed on the amount outstanding at a rate equal to
the rate of interest determined under Texas Civil Statutes, Article 5069-1.05,
to be applicable to judgments rendered during the month in which the money was
disbursed to the facility. DHS will deposit the reimbursement and the interest
received under this subsection to the credit of the Nursing and Convalescent
Home Trust Fund. If the funds are not repaid within the year, DHS may determine
that the facility is not eligible for a Medicaid contract.
(f) Any amount remaining due at the end of
one year becomes delinquent and will be referred to the attorney
general.
Notes
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