SECTION 554.2107. Revocation of a License by the HHSC Executive Commissioner

(a) In this section, "immediate threat to health and safety," is defined as a condition in which immediate corrective action is necessary because the facility's noncompliance with one or more requirements has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.

(b) Except as provided by subsection (d) of this section, the executive commissioner revokes a license if DADS finds that:

(1) the license holder has committed three violations in §19.601(b) or (c) of this chapter (relating to Resident Behavior and Facility Practice) that constitute an immediate threat to health and safety related to abuse or neglect of a resident within a 24-month period at the same facility; and

(2) each of the violations is reported in connection with a separate survey, inspection, or investigation visit that occurred on separate entrance and exit dates.

(c) For purposes of calculating the 24-month period described in subsection (b)(1) of this section, the date a violation occurs is the date of the initial exit conference for the survey, inspection, or investigation visit in which the violation was cited.

(d) The executive commissioner does not revoke a license under subsection (b) of this section if:

(1) the violation and the determination of an immediate threat to health and safety are not included on the written list of violations for a survey, inspection, or investigation left with the facility at the time of the initial exit conference described in §19.2004 of this chapter (relating to Determinations and Actions Pursuant to Inspections);

(2) the violation is not included on the final statement of violations described in §19.2004 of this chapter; or

(3) the violation has been reviewed under the informal dispute resolution process described in Title 1, Texas Administrative Code, Chapter 393 (relating to Informal Dispute Resolution and Informal Reconsideration), and the Texas Health and Human Services Commission determines that:

(A) the violation should be removed from the license holder's record; or

(B) the violation should be reduced in severity so that the violation is no longer cited as an immediate threat to health and safety related to abuse or neglect of a resident.

(e) DADS notifies a license holder as provided in §19.2106(d) of this division (relating to Revocation of a License) if the executive commissioner revokes the license holder's license in accordance with this section.

(f) A license holder may request, in accordance with §19.2113 of this division (relating to Criteria for the Executive Commissioner to Stay a License Revocation), that the executive commissioner stay a revocation imposed in accordance with this section.

(g) A license holder may request a hearing to appeal a revocation imposed in accordance with this section if the license holder does not request a stay of the revocation or if the executive commissioner denies the license holder's request for a stay of the revocation. The request for a hearing must be made in accordance with §19.2106(d) of this division.

(h) If a license is revoked in accordance with this section, to ensure the health and safety of residents of the facility, DADS may:

(1) request the appointment of a trustee to operate the facility in accordance with §19.2116 of this division (relating to Involuntary Appointment of a Trustee);

(2) assist with obtaining a new operator for the facility; or

(3) assist with the relocation of residents to another facility.

Source Note: The provisions of this §554.2107 adopted to be effective March 27, 2017, 42 TexReg 1575; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871