Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 117 - END STAGE RENAL DISEASE FACILITIES
Subchapter F - CORRECTIVE ACTION PLAN AND ENFORCEMENT
Section 117.83 - Involuntary Appointment of a Temporary Manager
Universal Citation: 25 TX Admin Code ยง 117.83
Current through Reg. 49, No. 38; September 20, 2024
(a) Under Health and Safety Code, § 251.092, the department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a temporary manager to manage a facility if:
(1) the facility is operating
without a license;
(2) the
department has denied, suspended, or revoked the facility's license but the
facility continues to operate;
(3)
the license denial, suspension, or revocation proceedings against the facility
are pending, and the department determines that an imminent or reasonably
foreseeable threat to the health and safety of a patient of the facility
exists;
(4) the department
determines that an emergency exists that presents an immediate threat to the
health and safety of a patient of the facility;
(5) the facility is closing and arrangements
for the care of patients by other licensed facilities have not been made before
closure; or
(6) the department
determines a level three corrective action plan under §
117.81(b)(6)
of this title (relating to Corrective Action Plan) that includes appointment of
an involuntary temporary manager is necessary to address serious or
life-threatening conditions at the facility.
(b) After a hearing, a court shall appoint a temporary manager to manage a facility, if the court finds that the appointment of the manager is necessary.
(1) The court
order shall address the duties and authority of the temporary manager, which
may include management of the facility and the provision of dialysis services
to facility patients until specified circumstances occur, such as new ownership
of the facility, compliance with the statute or this chapter, or closure of the
facility.
(2) If possible the court
shall appoint as temporary manager an individual whose background includes
administration of ESRD facilities or similar facilities.
(3) Venue for an action under this section is
in Travis County.
(c) A temporary manager appointed under this section is entitled to a reasonable fee as determined by the court in accordance with Health and Safety Code, § 251.093.
(1) The fee shall be paid by the
facility.
(2) The temporary manager
may petition the court to order the release to the manager of any payment owed
the manager for care and services provided to patients of the facility, if the
payment has been withheld.
(3)
Withheld payments that may be released may include payments withheld by a
governmental agency or other entity before or during the appointment of the
temporary manager, including:
(A) Medicaid,
Medicare, or insurance payment; or
(B) payments from another third
party.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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