SECTION 554.2113. Criteria for the Executive Commissioner to Stay a License Revocation

(a) A license holder may request that the executive commissioner stay a license revocation imposed in accordance with §19.2107 of this chapter (relating to Revocation of a License by the Executive Commissioner). The request must:

(1) be in writing;

(2) be submitted to the department within 10 working days after the license holder receives written notification of the revocation;

(3) explain how the license holder meets the applicable criteria described in subsection (b) of this section;

(4) describe any potential negative impact to residents that may occur if the request for stay is denied;

(5) include any documentation supporting the request; and

(6) be signed by an authorized representative of the license holder.

(b) The executive commissioner grants or denies a request to stay a license revocation imposed in accordance with §19.2107 of this chapter if the license holder requests a stay in accordance with subsection (a) of this section. The executive commissioner may grant the request if, based on a review of the request and any other relevant documentation, the executive commissioner determines that:

(1) the stay would not jeopardize the health and safety of the residents or place the residents at risk of abuse or neglect based on the following criteria;

(A) no more than one of the violations that resulted in the proposed revocation was widespread in scope;

(B) the facility’s regulatory record, other than the three violations that resulted in the proposed revocation, encompassing five years preceding the date of the stay request, does not reflect a history of substandard quality of care violations;

(C) if the license holder requesting the stay holds licenses for other facilities, the license holder’s overall performance does not reflect a history of substandard quality of care violations related to abuse or neglect; and

(D) there are no other factors that will jeopardize the health and safety of the residents or place the residents at risk of abuse or neglect;

(2) the request submitted by the license holder demonstrates that:

(A) the license holder has explained why:

(i) the violations that resulted in the proposed revocation are not indicative of the overall quality of care provided at the facility; and

(ii) granting the stay will not jeopardize the health and safety of the residents or place the residents at risk of abuse or neglect and is likely to result in future compliance with licensure requirements;

(B) the license holder has conducted a system-wide analysis of the facility that identifies all underlying problems that led to or contributed to the violations that resulted in the proposed revocation and has developed a plan to address those problems; and

(C) the license holder has initiated action to implement the plan;

(3) the license holder meets one of the following criteria:

(A) a rapid response team determines that the facility has cooperated with the team and has demonstrated improvement in quality of care as described in §19.911 of this chapter (relating to Rapid Response Team); or

(B) for a "veteran’s home," as defined in Texas Natural Resources Code §164.002, the Texas Veterans Land Board contracts with a different entity to operate the home than the entity that operated the home during the period in which the violations described by §19.2107 of this chapter occurred; and

(4) the license holder has entered into a stay agreement acceptable to the executive commissioner that, at a minimum, includes:

(A) a requirement that the license holder complete actions to address the underlying causes that resulted in the violations that led to the proposed revocation in accordance with a schedule;

(B) a requirement that the license holder not receive a violation that constitutes an immediate threat to health and safety or that results in actual harm to a resident for a period of time after the effective date of the stay agreement as determined by the executive commissioner, but no less than 12 months; and

(C) a waiver of the license holder’s right to request a hearing if the stay is lifted and the revocation is imposed in accordance with subsection (d)(2) of this section.

(c) For purposes of subsection (b)(4)(B) of this section, a facility has received a violation that constitutes an immediate threat to health and safety or that results in actual harm to a resident if the violation is cited and upheld in informal dispute resolution, if requested.

(d) If the executive commissioner grants a license holder’s request for a stay in accordance with this section:

(1) the stay is lifted and the revocation is rescinded if the executive commissioner determines the license holder has successfully completed all requirements of the stay agreement described in subsection (b)(4) of this section in accordance with the schedule described in subsection (b)(4)(A) of this section; or

(2) the stay is lifted and the revocation is imposed if the executive commissioner determines the license holder has not successfully completed all requirements of the stay agreement described in subsection (b)(4) of this section in accordance with the schedule described in subsection (b)(4)(A) of this section.

Source Note: The provisions of this §554.2113 adopted to be effective March 27, 2017, 42 TexReg 1574; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871