reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 2 - ACTIONS AGAINST A LICENSE: SUSPENSION › Section 553.435 - How long is the suspension?

Current through Reg. 49, No. 28; July 12, 2024
The suspension remains in effect until HHSC determines
						that the reason for the suspension no longer exists, but no longer than the
						license expiration date.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 2 - ACTIONS AGAINST A LICENSE: SUSPENSION › Section 553.437 - How does HHSC decide to remove the suspension?

Current through Reg. 49, No. 28; July 12, 2024
HHSC conducts an on-site inspection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 2 - ACTIONS AGAINST A LICENSE: SUSPENSION › Section 553.439 - Must the license be returned to HHSC during a license suspension?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.451 - When may HHSC revoke a license?

Current through Reg. 49, No. 28; July 12, 2024
HHSC may revoke a license when the applicant, license
						holder, or a controlling person:
(1)
					 violates §553.751(a)(2) - (9) of this subchapter (relating to
					 Administrative penalties);
(2)
					 violates the Texas Health and Safety Code, Chapter 247; a section, standard or
					 order adopted under Texas Health and Safety Code, Chapter 247; or a license
					 issued under Texas Health and Safety Code, Chapter 247 in a repeated or
					 substantial manner;
(3) submits
					 false statements on a license application;
(4) submits false statements on license
					 application attachments;
(5)
					 submits misleading statements on a license application;
(6) submits misleading statements on license
					 application attachments;
(7) uses
					 subterfuge or other evasive means to obtain a license;
(8) conceals a material fact on a license
					 application that would have been the basis for denying a license under §
					 553.17 of this chapter (relating to Criteria for Licensing);
(9) fails to disclose information, as
					 required by Subchapter B of this chapter (relating to Licensing) that would
					 have been the basis to deny a license under § 553.17 of this chapter;
					 or
(10) violates the Texas Health
					 and Safety Code §
											247.021.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.453 - Does HHSC provide notice of a license revocation and opportunity for a hearing to the applicant, license holder, or controlling person?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.455 - May HHSC take more than one enforcement action at a time against a license?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.457 - How does HHSC notify a license holder of a proposed revocation?

Current through Reg. 49, No. 28; July 12, 2024
HHSC notifies a license holder by certified
						mail.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.459 - What information does HHSC provide the license holder concerning a proposed revocation?

Current through Reg. 49, No. 28; July 12, 2024
HHSC provides the license holder with the facts or
						conduct alleged to warrant the revocation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.461 - Does the license holder have an opportunity to show compliance with all requirements for keeping the license before HHSC begins proceedings to revoke a license?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.463 - How does a license holder request an opportunity to show compliance?

Current through Reg. 49, No. 28; July 12, 2024
A license holder must send a written request for an
						opportunity to show compliance to the Associate Commissioner of Long-term Care
						Regulation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.465 - How much time does a license holder have to request an opportunity to show compliance?

Current through Reg. 49, No. 28; July 12, 2024
A request for an opportunity to show compliance must be
						postmarked within 10 calendar days of the date of HHSC notice and must be
						received in the office of the Associate Commissioner of Long-term Care
						Regulation within 10 calendar days of the postmark.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.467 - What must the request for the opportunity to show compliance contain?

Current through Reg. 49, No. 28; July 12, 2024
The request must contain specific documentation showing
						how the facts or conduct that support the proposed revocation are
						incorrect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.469 - How does HHSC conduct the opportunity to show compliance?

Current through Reg. 49, No. 28; July 12, 2024
HHSC review is limited to documentation submitted by the
						license holder and information used by HHSC as the basis for its proposed
						action. The review is not conducted as an adversary hearing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.471 - Does HHSC give the license holder a written affirmation or reversal of the proposed action?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.473 - Does the license holder have an opportunity for a formal hearing?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.475 - How long does a license holder have to request a formal hearing?

Current through Reg. 49, No. 28; July 12, 2024
The license holder has 15 calendar days from receipt of
						the certified mail notice to request a hearing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.477 - When does the revocation take effect if the license holder does not appeal?

Current through Reg. 49, No. 28; July 12, 2024
The revocation takes effect after the deadline for an
						appeal passes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.479 - When does the revocation take effect if the license holder appeals the revocation?

Current through Reg. 49, No. 28; July 12, 2024
The status of the license remains in effect until after
						the appeal is complete.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.481 - May a facility operate during a revocation?

Current through Reg. 49, No. 28; July 12, 2024
A facility may continue to operate, as long as the
						revocation is under appeal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 3 - ACTIONS AGAINST A LICENSE: REVOCATION › Section 553.483 - What happens to a license if it is revoked?

Current through Reg. 49, No. 28; July 12, 2024
If revoked, the license must be returned to
						HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 4 - ACTIONS AGAINST A LICENSE: TEMPORARY RESTRAINING ORDERS AND INJUNCTIONS › Section 553.501 - Why does HHSC refer a facility to the Office of the Attorney General or local prosecuting authority for a temporary restraining order or an injunction?

Current through Reg. 49, No. 28; July 12, 2024
HHSC refers a facility to the Office of the Attorney
						General or local prosecuting authority for a temporary restraining order or an
						injunction when:
(1) a violation
					 creates an immediate threat or threat to the health and safety of
					 residents;
(2) a facility is
					 operating without a license; or
(3)
					 HHSC is denied entry to a facility that is alleged to be operating without a
					 license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 4 - ACTIONS AGAINST A LICENSE: TEMPORARY RESTRAINING ORDERS AND INJUNCTIONS › Section 553.503 - To whom does HHSC refer a facility that is operating without a license?

Current through Reg. 49, No. 28; July 12, 2024
HHSC refers a facility that is operating without a
						license to the:
(1) district
					 attorney;
(2) county
					 attorney;
(3) city attorney;
					 or
(4) Attorney General.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.551 - When may HHSC suspend a license or order an immediate closing of all or part of a facility?

Current through Reg. 49, No. 28; July 12, 2024
HHSC may suspend a license or order an immediate closing
						of all or part of a facility when:
(1)
					 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.553 - How does HHSC notify a facility of a license suspension or immediate closing of all or part of a facility?

Current through Reg. 49, No. 28; July 12, 2024
A notice is hand-delivered to a facility staff
						member.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.555 - When does an order suspending a license or closing all or part of a facility go into effect?

Current through Reg. 49, No. 28; July 12, 2024
The order goes into effect immediately upon receipt of
						the hand-delivered written notice or on a later date specified in the
						order.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.557 - How long is an order suspending a license or closing all or part of a facility valid?

Current through Reg. 49, No. 28; July 12, 2024
An order is valid for 10 calendar days after the
						effective date of the order.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.559 - May a license holder request a hearing?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.561 - Where can a license holder find information about administrative hearings?

Current through Reg. 49, No. 28; July 12, 2024
Information about administrative hearings is located in 1
						TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative
						Procedure Act), Texas Government Code, Chapter 2001, and 1 TAC Chapter 155
						(relating to Rules of Procedure).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.563 - Does a request for an administrative hearing suspend the effectiveness of the order?

Current through Reg. 49, No. 28; July 12, 2024
No.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.565 - Does anything happen to a resident's rights or freedom of choice during an emergency relocation?

Current through Reg. 49, No. 28; July 12, 2024
No.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.567 - Who does HHSC notify if all or part of a facility is closed?

Current through Reg. 49, No. 28; July 12, 2024
If all or part of a facility is closed, HHSC
						notifies:
(1) the local health
					 department director;
(2) the city
					 or county health authority; and
(3)
					 representatives of the appropriate state agencies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.569 - Who must a facility notify if all or part of the facility is closed?

Current through Reg. 49, No. 28; July 12, 2024
A facility must notify each resident's:
(1) guardian or responsible party;
					 and
(2) attending
					 physician.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.571 - Who decides where to relocate a resident?

Current through Reg. 49, No. 28; July 12, 2024
The resident, the resident's guardian, or the resident's
						responsible person may designate a preference for a specific facility or for
						other arrangements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.573 - Who arranges the relocation?

Current through Reg. 49, No. 28; July 12, 2024
HHSC arranges to relocate residents to other facilities
						in the area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.575 - Is a resident's preference considered?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.577 - What requirements must the facility a resident chooses for relocation meet?

Current through Reg. 49, No. 28; July 12, 2024
The following apply when a resident chooses a facility
						for relocation:
(1) The facility must
					 be in good standing with HHSC.
(2)
					 If the facility is certified under 42 United States Code, Chapter 7,
					 Subchapters XVIII and XIX, it must be in good standing under its
					 contract.
(3) The facility must be
					 able to meet the needs of the resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.579 - Is a receiving facility allowed to temporarily exceed its licensed capacity?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.581 - Under what conditions is a receiving facility allowed to temporarily exceed its licensed capacity?

Current through Reg. 49, No. 28; July 12, 2024
HHSC may grant a waiver to a receiving facility to
						temporarily exceed its licensed capacity to prevent substantial transportation
						of a resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.583 - What requirements must a facility meet to obtain a temporary waiver?

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for a temporary waiver to exceed its
						licensed capacity, a facility must:
(1) not compromise the health and safety of
					 residents; and
(2) meet the
					 increased demands for direct care personnel and dietary services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.585 - How long can a facility have a temporary waiver?

Current through Reg. 49, No. 28; July 12, 2024
A facility may have a temporary waiver until residents
						can be transferred to a permanent location.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.587 - Does HHSC monitor a facility with a temporary waiver?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.589 - What records, reports, and supplies are sent to the receiving facility for transferred residents?

Current through Reg. 49, No. 28; July 12, 2024
The following reports, records, and supplies must be sent
						to the receiving institution for each transferred resident:
(1) a copy of the current physician's orders
					 for:
(A) medication;
(B) treatment;
(C) diet; and
(D) special services required;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.591 - May a resident return to the closed facility if it reopens within 90 calendar days?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.593 - Do the relocated residents have any special admission rights at the closed facility?

Current through Reg. 49, No. 28; July 12, 2024
If the closed facility is allowed to reopen within 90
						calendar days, the relocated residents have the first right to return to the
						facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.595 - What options does a relocated resident have?

Current through Reg. 49, No. 28; July 12, 2024
Relocated residents may choose to:
(1) return to the reopened
					 facility;
(2) stay in the receiving
					 facility, if the facility is not exceeding its licensed capacity; or
(3) choose other accommodations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 5 - ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER › Section 553.597 - Are relocated residents who return to the facility considered new admissions?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Any relocated resident who returns to the facility
						must be treated as a new admission. All procedures regarding new admissions
						apply.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 6 - ACTIONS AGAINST A LICENSE: CIVIL PENALTIES › Section 553.601 - When may HHSC refer a facility to the Office of the Attorney General for assessment of civil penalties?

Current through Reg. 49, No. 28; July 12, 2024
HHSC may refer a facility for a violation that threatens
						the health and safety of a resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 6 - ACTIONS AGAINST A LICENSE: CIVIL PENALTIES › Section 553.603 - What is the amount of the civil penalty that can be assessed for operating without a license?

Current through Reg. 49, No. 28; July 12, 2024
A civil penalty of $1,000 to $10,000 per day may be
						assessed for operating without a license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 7 - TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE › Section 553.651 - When may HHSC petition a court for the involuntary appointment of a trustee to operate a facility?

Current through Reg. 49, No. 28; July 12, 2024
HHSC may petition a court for the involuntary appointment
						of a trustee to operate a facility when 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) an imminent threat to the health and
					 safety of the residents exists, and license suspension or revocation procedures
					 are pending against the facility;
(4) an emergency exists that presents an
					 immediate threat to the health and safety of the residents; 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 7 - TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE › Section 553.653 - When may HHSC disburse emergency assistance funds?

Current through Reg. 49, No. 28; July 12, 2024
HHSC may disburse emergency assistance funds when a court
						order is given.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 7 - TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE › Section 553.655 - Must a facility reimburse HHSC for emergency assistance funds?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 7 - TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE › Section 553.657 - When is reimbursement for emergency assistance funds due to HHSC?

Current through Reg. 49, No. 28; July 12, 2024
Reimbursement is due not later than one year after the
						date the trustee received the funds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 7 - TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE › Section 553.659 - Who is responsible for reimbursement?

Current through Reg. 49, No. 28; July 12, 2024
The owner of the facility at the time the trustee was
						appointed is responsible for reimbursement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 7 - TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE › Section 553.661 - What happens if a facility does not reimburse HHSC in one year?

Current through Reg. 49, No. 28; July 12, 2024
A license holder is referred to the Office of the
						Attorney General. HHSC also may decide the facility is not eligible for a
						Medicaid provider contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 8 - TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT › Section 553.701 - May a facility request the appointment of a trustee to assume operation of a facility?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 8 - TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT › Section 553.703 - Who may make the request?

Current through Reg. 49, No. 28; July 12, 2024
A person holding a controlling interest in a facility may
						request that HHSC assume the operation of the facility through the appointment
						of a trustee.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 8 - TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT › Section 553.705 - What are the requirements for a trustee agreement?

Current through Reg. 49, No. 28; July 12, 2024
An agreement must:
(1) specify all terms and conditions of the
					 trustee's appointment and authority; and
(2) preserve all legal rights of the
					 residents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 8 - TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT › Section 553.707 - When does an agreement for a trustee terminate?

Current through Reg. 49, No. 28; July 12, 2024
An agreement for a trustee terminates at a time specified
						in the agreement or upon receipt of notice of intent to terminate sent by HHSC
						or by the person holding a controlling interest in the
						facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 8 - TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT › Section 553.709 - What happens if the controlling person wants to terminate the agreement, but HHSC determines termination of the agreement is not in the best interest of the residents?

Current through Reg. 49, No. 28; July 12, 2024
HHSC petitions a court for an involuntary appointment of
						a trustee under the terms of § 553.651 of this subchapter (relating to
						When may HHSC petition a court for the involuntary appointment of a trustee to
						operate a facility?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 8 - TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT › Section 553.711 - When HHSC appoints a trustee, is the facility always required to pay assessed civil money penalties?

Current through Reg. 49, No. 28; July 12, 2024
Yes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 9 - ADMINISTRATIVE PENALTIES › Section 553.751 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Assessment
					 of an administrative penalty. HHSC may assess an administrative penalty if a
					 license holder:
(1) violates:
(A) Texas Health and Safety Code, Chapter
					 247;
(B) a rule, standard, or order
					 adopted under Texas Health and Safety Code, Chapter 247; or
(C) a term of a license issued under Texas
					 Health and Safety Code, Chapter 247;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter H - ENFORCEMENT › Division 10 - ARBITRATION › Section 553.801 - Arbitration

Current through Reg. 49, No. 28; July 12, 2024
A facility may elect binding arbitration in accordance
						with Texas Health and Safety Code §
											247.082.
						Arbitration is conducted in accordance with §§247.083 - 247.098 and
						may be used to resolve a dispute between the facility and HHSC relating
						to:
(1) renewal of a
					 license;
(2) suspension,
					 revocation, or denial of a license;
(3) assessment of a civil penalty;
					 or
(4) assessment of an
					 administrative penalty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter A - BASIS AND SCOPE › Section 554.1 - Basis and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Basis in
				  legislation. The Nursing Facility Requirements for Licensure and Medicaid
				  Certification implement the requirements of federal and state laws and
				  regulations governing licensed nursing facilities and nursing facilities
				  participating in the Medicaid program administered by HHSC in cooperation with
				  other federal and state agencies. If there is a conflict between material in
				  these requirements and the laws or regulations governing the Medicaid program,
				  the Medicaid laws and regulations are controlling. It is the intent of the
				  Texas Legislature that rules adopted under Chapter 242 of the Texas Health and
				  Safety Code may be more stringent than the standards imposed by federal law for
				  certification for participation in the state Medicaid program. The rules and
				  standards may not be less stringent than the Medicaid certification standards
				  imposed under the Omnibus Budget Reconciliation Act of 1987.
(b) Scope. The Nursing Facility Requirements
				  for Licensure and Medicaid Certification contain the requirements that an
				  institution must meet in order to be licensed as a nursing facility and also to
				  qualify to participate in the Medicaid program. The requirements serve as a
				  basis for survey activities for licensure and certification.
(1) Certain requirements are specific to
				  Medicaid-certified facilities and are so designated. The Medicaid-specific
				  requirements apply to all residents, including private pay, Medicaid applicants
				  and recipients, U.S. Department of Veteran's Affairs patients, and Medicare
				  recipients, who are admitted to and reside in a Medicaid-certified facility or
				  a Medicaid-certified distinct part of a facility.
(2) Additional requirements for facilities or
				  distinct parts of facilities that are certified for Medicare-only participation
				  are in 42 CFR §§ 483.5-483.95.
(3) These requirements do not apply to
				  skilled nursing facilities licensed under the Texas Health and Safety Code,
				  Chapter 241, participating only in the Medicare program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.201 - Criteria for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person or
				  governmental unit, acting jointly or severally, must be licensed by DADS to
				  establish, conduct, or maintain a facility.
(b) An applicant for a license must submit a
				  complete application form and license fee to DADS.
(c) No person may apply for a probationary
				  license, a license, change of ownership, increase in capacity, or renewal of a
				  nursing facility license without making a disclosure of information as required
				  in this section.
(d) An applicant
				  for a license must affirmatively show that:
(1) the applicant or license holder has the
				  ability to comply with:
(A) minimum standards
				  of medical care, nursing care and financial condition; and
(B) any other applicable state or federal
				  standard;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.202 - Building Approval

Current through Reg. 49, No. 28; July 12, 2024
All applications for license must include written approval
					 of the local fire authority that the facility and its operation meet local fire
					 ordinances.
(1) New facility. The
				  sponsor of a new facility under construction or a previously unlicensed
				  facility will provide to the Texas Department of Human Services (DHS) a copy of
				  a dated, written notice to the local health authority that construction or
				  modification has been or will be completed by a specific date. The local health
				  authority may provide recommendations to DHS regarding the status of compliance
				  with local codes, ordinances, or regulations. The sponsor must also provide a
				  copy of a dated, written notice of the approval for occupancy by the local
				  building code authority, if applicable.
(2) Increase in capacity. The license holder
				  must request an application for increase in capacity from DHS. DHS provides the
				  license holder with the application form, and DHS notifies the local fire
				  marshal and the local health authority of the request. The license holder must
				  arrange for the inspection of the facility by the local fire marshal. Upon
				  completion of the inspection, the license holder must notify the local health
				  authority and DHS in writing if the facility meets local code requirements. DHS
				  approves the application only if the facility is found to be in compliance with
				  the standards. Approval to occupy the increased capacity may be granted by DHS
				  prior to the issuance of the license covering the increased capacity after
				  inspection by DHS if standards are met.
(3) Change of ownership. The applicant for a
				  change of ownership license must provide to DHS a copy of a letter notifying
				  the local health authority of the request for a change of ownership. The local
				  health authority may provide recommendations to DHS regarding the status of
				  compliance with local codes, ordinances, or regulations.
(4) Renewal. DHS sends the local health
				  authority a copy of DHS's license renewal notice specifying the expiration date
				  of the facility's current license. The local health authority may provide
				  recommendations to DHS regarding the status of compliance with local codes,
				  ordinances, or regulations. The local authority may also recommend that a state
				  license be issued or denied; however, the final decision on licensure status
				  remains with DHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.204 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications.
				  All applications must be made on forms prescribed by and available from the
				  Texas Health and Human Services Commission (HHSC). All applications must be
				  submitted through the licensure system.
(1)
				  Each application must be completed in accordance with HHSC
				  instructions.
(2) Changes to
				  information required in the application must be reported to HHSC by submitting
				  a change application in the licensure system, as required by § 554.1918 of
				  this chapter (relating to Disclosure of Ownership).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.205 - Probationary License

Current through Reg. 49, No. 28; July 12, 2024
The initial license issued to a license holder who has not
					 previously held a license is a probationary license and is effective for one
					 year. A permanent license may be issued only after DHS finds that the license
					 holder and any other person listed in § 554.201(f) of Title 40 (relating
					 to Criteria for Licensing) continues to meet the nursing facility requirements
					 and submits an application requesting a permanent license with the applicable
					 license fee. The facility must also be able to pass an inspection unless an
					 inspection is not required as provided by §
										242.047,
					 Health and Safety Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.206 - Increase in Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) During the
				  license term, a license holder may not increase capacity without approval from
				  the Texas Department of Human Services (DHS). The license holder must submit to
				  DHS a complete application for increase in capacity and the fee required in
				  § 554.216 of Title 40 (relating to License Fees).
(b) Upon approval of an increase in capacity,
				  DHS will issue a new license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.208 - Renewal Procedures and Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) A license issued under this chapter is
				  not automatically renewed. Each license expires three years from the date
				  issued, except as provided in § 554.205 of this subchapter (relating to
				  Probationary Licenses) and subsection (b)(2) of this section.
(b) For a license that expires during the
				  period September 1, 2013, through August 31, 2014, DADS:
(1) issues a three-year renewal license to a
				  facility with a facility identification number ending in an odd digit;
				  and
(2) issues a two-year renewal
				  license to a facility with a facility identification number ending in an even
				  digit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.209 - Exclusion from Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS, after
				  providing notice and opportunity for a hearing, may exclude a person from
				  eligibility for a license if the person or any person described in §
				  554.201(e) of this subchapter (relating to Criteria for Licensing) has
				  substantially failed to comply with the rules in this chapter. During the
				  period of exclusion, the excluded person is not eligible to be a license holder
				  or a controlling person of a license holder. The period of exclusion:
(1) must be for at least two years;
				  and
(2) may be:
(A) for no more than ten years if the
				  exclusion is based on conduct that occurred before September 1, 2011;
				  or
(B) throughout the person's
				  lifetime or existence if the exclusion is based on conduct that occurred on or
				  after September 1, 2011.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.210 - Change of Ownership and Notice of Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder may not transfer its
				  license. If there is a change of ownership, the license holders license becomes
				  invalid on the date of the change of ownership. The new owner must obtain a
				  change of ownership license in accordance with subsection (b) of this section.
				  The license holder and new license applicant must notify DADS before a change
				  of ownership occurs.
(b) The
				  applicant must submit to DADS:
(1) a complete
				  application for a change of ownership license under § 554.201 of this
				  subchapter (relating to Criteria for Licensing) or an incomplete application
				  with a letter explaining the circumstances that prevented the inclusion of the
				  missing information;
(2) the
				  application fee, in accordance with § 554.216 of this subchapter (relating
				  to License Fees); and
(3) signed,
				  written notice from the facility's existing license holder of his intent to
				  transfer operation of the facility to the applicant beginning on a date
				  specified by the applicant.