Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 791
717-820 p. ; 28 cm.View a full description of this periodical.
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(1) HHSC finds that 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.
(b) The order suspending a license or closing a part of a facility
under this section is immediately effective on the date the license holder
receives written notice or a later date specified in the order.
(c) The order suspending a license or ordering an immediate
closing of a part of the facility is valid for ten days after the effective
date of the order.
(d) When an emergency suspension has been ordered and the
conditions in the facility indicate that residents need to be relocated, a
facility must ensure:
(1) A resident's rights or freedom of choice in selecting
treatment facilities will be respected.
(2) If a facility or part thereof is closed, the following rules
apply.
(A) HHSC will notify the local health department direc-
tor, city or county health authority, and representatives of the appropri-
ate state agencies of the closure.
(B) Facility staff must notify each resident's legally au-
thorized representative (LAR) and attending physician, advising them
of the action in process.
(C) The resident or the resident's LAR will have an op-
portunity to designate a preference for a specific facility or for other
arrangements.
(D) HHSC must contact the local intellectual and de-
velopmental disability authority (LIDDA) to arrange for resident relo-
cation to other facilities in the area in accordance with the resident's
preference. A facility chosen for relocation must be in good standing
with HHSC and, if certified under Titles XVIII and XIX of the Social
Security Act, must be in good standing under its contract. The facility
chosen must be able to meet the needs of the resident.
(E) If absolutely necessary, to prevent transport over
substantial distances, HHSC will grant a waiver to a receiving facil-
ity to temporarily exceed its licensed capacity, provided the health and
safety of residents is not compromised and the facility can meet the
increased demands for direct care personnel and dietary services. A
facility may exceed its licensed capacity under these circumstances
monitored by HHSC staff, until residents can be transferred to a per-
manent location.
(F) With each resident transferred, the following
reports, records, and supplies must be transmitted to the receiving
institution:
(i) a copy of the current physician's orders for med-
ication, treatment, diet, and special services required;
(ii) personal information, such as name and address
of next of kin or LAR; attending physician; Medicare and Medicaid
identification number; Social Security number; and other identification
information as deemed necessary and available;
(iii) all medication dispensed in the name of the res-
ident for which physician's orders are current. The medication must
be inventoried and transferred with the resident. Medications past an
expiration date or discontinued by physician order must be inventoried
for disposition in accordance with state law;(iv) the resident's personal belongings, clothing, and
toilet articles. An inventory of personal property and valuables must
be made by the closing facility; and
(v) resident trust fund accounts maintained by the
closing facility. All items must be properly inventoried, and receipts
obtained for audit purposes by the appropriate state agency.
(G) If the closed facility is allowed to reopen within 90
days, the relocated residents will have the first right to return to the
facility. Relocated residents may choose to return, may stay in the
receiving facility (if the facility is not exceeding its licensed capacity),
or choose any other accommodations.
(H) Any resident's return to the facility must be treated
as a new admission, including exchange of medical information, med-
ications, and completion of required forms.
(e) A licensee whose facility is closed under this section is en-
titled to request an administrative hearing in accordance with 1 TAC
357.484 (relating to Request for a Hearing), but a hearing request does
not suspend the effectiveness of the order.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on February 4,
2022.
TRD-202200373
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 24, 2022
Proposal publication date: November 26, 2021
For further information, please call: (512) 438-3161
SUBCHAPTER J. RESPITE CARE
26 TAC 551.281, 551.283, 551.285 - 551.287
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code
531.0055, which provides that the Executive Commissioner of
HHSC shall adopt rules for the operation and provision of ser-
vices by the health and human services agencies, and Texas
Health and Safety Code 252.008 and 252.036, which, respec-
tively, require the Executive Commissioner of HHSC to adopt
rules related to the administration and implementation of Chap-
ter 252 and to adopt minimum standards relating to facilities li-
censed under Texas Health and Safety Code Chapter 252.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on February 4,
2022.
TRD-202200374ADOPTED RULES February 18, 2022 47 TexReg 791
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/77/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.