SECTION 559.104. Emergency Suspension and Closing Order

(a) DADS will suspend a facility's license or order an immediate closing of part of the facility if:

(1) DADS 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 client.

(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 a hand-delivered written notice or on 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) A licensee whose facility is closed under this section is entitled to request a formal administrative hearing under the Health and Human Services Commission's formal hearing procedures in 1 TAC Chapter 357, Subchapter I, but a request for an administrative hearing does not suspend the effectiveness of the order.

(e) When an emergency suspension has been ordered and the conditions in the facility indicate that clients should be relocated, the following apply:

(1) In all circumstances, a client's rights or freedom of choice in selecting an adult day care facility must be respected.

(2) If a facility or part thereof is closed, the following procedures must be followed:

(A) DADS will notify the local health department director, city or county health authority, and representatives of the appropriate state agencies of the closure.

(B) The facility staff must notify each client's guardian or responsible party and attending physician, advising them of the action in process.

(C) The client or client's guardian or responsible party must be given opportunity to designate a preference for a specific facility or for other arrangements.

(D) DADS will arrange for relocation to other facilities in the area in accordance with the client's preference. A facility chosen for relocation must be in good standing with DADS and, if certified under Titles XVIII and XIX of the United States Social Security Act, must be in good standing under its contract. The facility chosen must be able to meet the needs of the client.

(E) If absolutely necessary, to prevent transport over substantial distances, DADS will grant a waiver to a receiving facility to temporarily exceed its licensed capacity, provided the health and safety of clients 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 DADS staff, until clients can be transferred to a permanent location.

(F) With each client transferred, the following reports, records, and supplies must be transmitted to the receiving institution:

(i) a copy of the current physician's orders for medication, treatment, diet, and special services required;

(ii) personal information such as name and address of next of kin, guardian, or responsible party for the client; attending physician; Medicare and Medicaid identification number; social security number; and other identification information as deemed necessary and available; and

(iii) all medication dispensed in the name of the client for which physician's orders are current. These must be inventoried and transferred with the client.

(G) If the closed facility is allowed to reopen within 90 days, the relocated clients have the first right to return to the facility. Relocated clients 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 return to the facility must be treated as a new admission, including exchange of medical information, medications, and completion of required forms.

Source Note: The provisions of this §559.104 adopted to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249