SECTION 559.247. Nonemergency Suspension

(a) The Texas Health and Human Services Commission (HHSC) may suspend an individualized skills and socialization provide's license when the individualized skills and socialization provider's violation of the licensure rules threatens to jeopardize the health and safety of individuals.

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

(c) The individualized skills and socialization provider 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 individualized skills and socialization provider has an opportunity to show compliance with all requirements of law for the retention of the license as provided in §559.217 of this subchapter (relating to Opportunity to Show Compliance). If the individualized skills and socialization provider requests an opportunity to show compliance, HHSC will give the license holder a written affirmation or reversal of the proposed action.

(d) The individualized skills and socialization provider will be notified by certified mail of HHSC's suspension of the individualized skills and socialization provider's license. If HHSC suspends an individualized skills and socialization provider's license, the licensee may request a formal appeal by following the HHSC's formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act). A formal administrative hearing is conducted in accordance with Texas Government Code, Chapter 2001, and the formal hearing procedures in 1 TAC Chapter 357, Subchapter I. The suspension will take effect when the deadline for appeal of the suspension passes unless the individualized skills and socialization provider appeals the suspension. If the individualized skills and socialization provider 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. A suspension may last no longer than the term of the license. HHSC will conduct an on-site investigation before making a determination.

(f) An individualized skills and socialization provider with a suspended license will be removed from HHSC's Day Activity and Health Services (DAHS) directory while the suspension is in effect.

Source Note: The provisions of this §559.247 adopted to be effective January 1, 2023, 47 TexReg 8709