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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 26. HEALTH AND HUMAN SERVICES |
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PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
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CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES |
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SUBCHAPTER H. ENFORCEMENT |
| DIVISION 1. GENERAL INFORMATION |
| § 553.351. When may HHSC take an enforcement action? |
| § 553.353. What enforcement actions may HHSC take? |
| DIVISION 2. ACTIONS AGAINST A LICENSE: SUSPENSION |
| § 553.401. When may HHSC suspend a facility's license? |
| § 553.403. Does HHSC provide notice of a license suspension and the opportunity for a hearing to the applicant, license holder, or a controlling person? |
| § 553.405. May HHSC suspend a license at the same time another enforcement action is occurring? |
| § 553.407. How does HHSC notify a license holder of a proposed suspension? |
| § 553.409. What information does HHSC provide the license holder concerning a proposed suspension? |
| § 553.411. Does the license holder have an opportunity to show compliance with all requirements for keeping the license before HHSC begins proceedings to suspend a license? |
| § 553.413. How does a license holder request an opportunity to show compliance? |
| § 553.415. How much time does a license holder have to request an opportunity to show compliance? |
| § 553.417. What must the request for an opportunity to show compliance contain? |
| § 553.419. How does HHSC conduct the opportunity to show compliance? |
| § 553.421. Does HHSC give the license holder a written affirmation or reversal of the proposed action? |
| § 553.423. How does HHSC notify a license holder of its final decision to suspend a license? |
| § 553.425. May the facility request a formal hearing? |
| § 553.427. How long does a license holder have to request a formal hearing? |
| § 553.429. If a license holder does not appeal, when does the suspension take effect? |
| § 553.431. If a license holder appeals, when does the suspension take effect? |
| § 553.433. May a facility operate during a suspension? |
| § 553.435. How long is the suspension? |
| § 553.437. How does HHSC decide to remove the suspension? |
| § 553.439. Must the license be returned to HHSC during a license suspension? |
| DIVISION 3. ACTIONS AGAINST A LICENSE: REVOCATION |
| § 553.451. When may HHSC revoke a license? |
| § 553.453. Does HHSC provide notice of a license revocation and opportunity for a hearing to the applicant, license holder, or controlling person? |
| § 553.455. May HHSC take more than one enforcement action at a time against a license? |
| § 553.457. How does HHSC notify a license holder of a proposed revocation? |
| § 553.459. What information does HHSC provide the license holder concerning a proposed revocation? |
| § 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? |
| § 553.463. How does a license holder request an opportunity to show compliance? |
| § 553.465. How much time does a license holder have to request an opportunity to show compliance? |
| § 553.467. What must the request for the opportunity to show compliance contain? |
| § 553.469. How does HHSC conduct the opportunity to show compliance? |
| § 553.471. Does HHSC give the license holder a written affirmation or reversal of the proposed action? |
| § 553.473. Does the license holder have an opportunity for a formal hearing? |
| § 553.475. How long does a license holder have to request a formal hearing? |
| § 553.477. When does the revocation take effect if the license holder does not appeal? |
| § 553.479. When does the revocation take effect if the license holder appeals the revocation? |
| § 553.481. May a facility operate during a revocation? |
| § 553.483. What happens to a license if it is revoked? |
| DIVISION 4. ACTIONS AGAINST A LICENSE: TEMPORARY RESTRAINING ORDERS AND INJUNCTIONS |
| § 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? |
| § 553.503. To whom does HHSC refer a facility that is operating without a license? |
| DIVISION 5. ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER |
| § 553.551. When may HHSC suspend a license or order an immediate closing of all or part of a facility? |
| § 553.553. How does HHSC notify a facility of a license suspension or immediate closing of all or part of a facility? |
| § 553.555. When does an order suspending a license or closing all or part of a facility go into effect? |
| § 553.557. How long is an order suspending a license or closing all or part of a facility valid? |
| § 553.559. May a license holder request a hearing? |
| § 553.561. Where can a license holder find information about administrative hearings? |
| § 553.563. Does a request for an administrative hearing suspend the effectiveness of the order? |
| § 553.565. Does anything happen to a resident's rights or freedom of choice during an emergency relocation? |
| § 553.567. Who does HHSC notify if all or part of a facility is closed? |
| § 553.569. Who must a facility notify if all or part of the facility is closed? |
| § 553.571. Who decides where to relocate a resident? |
| § 553.573. Who arranges the relocation? |
| § 553.575. Is a resident's preference considered? |
| § 553.577. What requirements must the facility a resident chooses for relocation meet? |
| § 553.579. Is a receiving facility allowed to temporarily exceed its licensed capacity? |
| § 553.581. Under what conditions is a receiving facility allowed to temporarily exceed its licensed capacity? |
| § 553.583. What requirements must a facility meet to obtain a temporary waiver? |
| § 553.585. How long can a facility have a temporary waiver? |
| § 553.587. Does HHSC monitor a facility with a temporary waiver? |
| § 553.589. What records, reports, and supplies are sent to the receiving facility for transferred residents? |
| § 553.591. May a resident return to the closed facility if it reopens within 90 calendar days? |
| § 553.593. Do the relocated residents have any special admission rights at the closed facility? |
| § 553.595. What options does a relocated resident have? |
| § 553.597. Are relocated residents who return to the facility considered new admissions? |
| DIVISION 6. ACTIONS AGAINST A LICENSE: CIVIL PENALTIES |
| § 553.601. When may HHSC refer a facility to the Office of the Attorney General for assessment of civil penalties? |
| § 553.603. What is the amount of the civil penalty that can be assessed for operating without a license? |
| DIVISION 7. TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE |
| § 553.651. When may HHSC petition a court for the involuntary appointment of a trustee to operate a facility? |
| § 553.653. When may HHSC disburse emergency assistance funds? |
| § 553.655. Must a facility reimburse HHSC for emergency assistance funds? |
| § 553.657. When is reimbursement for emergency assistance funds due to HHSC? |
| § 553.659. Who is responsible for reimbursement? |
| § 553.661. What happens if a facility does not reimburse HHSC in one year? |
| DIVISION 8. TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT |
| § 553.701. May a facility request the appointment of a trustee to assume operation of a facility? |
| § 553.703. Who may make the request? |
| § 553.705. What are the requirements for a trustee agreement? |
| § 553.707. When does an agreement for a trustee terminate? |
| § 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? |
| § 553.711. When HHSC appoints a trustee, is the facility always required to pay assessed civil money penalties? |
| DIVISION 9. ADMINISTRATIVE PENALTIES |
| § 553.751. Administrative Penalties |
| DIVISION 10. ARBITRATION |
| § 553.801. Arbitration |