SECTION 551.232. License Suspension

(a) The Texas Health and Human Services Commission (HHSC) may suspend a facility's license when the facility's violation of the licensure rules threatens to jeopardize the health and safety of the residents.

(b) Suspension of a license may occur simultaneously with any other enforcement provision available to HHSC.

(c) The facility will be notified by certified mail of HHSC's intent to suspend the license, including the facts or conduct alleged to warrant the suspension. The facility has an opportunity to show compliance with all requirements of law for the retention of the license as provided in §551.18 of this chapter (relating to Informal Reconsideration). If the facility requests an informal reconsideration, HHSC will give the license holder a written affirmation or reversal of the proposed action.

(d) The facility will be notified by certified mail of HHSC's suspension of the facility's license. The facility has 15 days from receipt of the certified mail notice to request a hearing in accordance with 1 TAC §357.484 (relating to Request for a Hearing). The suspension will take effect when the deadline for appeal of the suspension passes, unless the facility appeals the suspension. If the facility appeals the suspension, the status of the license holder is preserved until final disposition of the contested matter.

(e) The suspension will remain in effect until HHSC determines that the reason for suspension no longer exists. HHSC will conduct an on-site investigation prior to making a determination. During the suspension, the license holder must return the license to HHSC.

Source Note: The provisions of this §551.232 adopted to be effective May 1, 1995, 20 TexReg 1659; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787