(d) When an emergency suspension has been
ordered and the conditions in the facility indicate that residents need to be
relocated, a facility must ensure:
(1) A
resident's rights or freedom of choice in selecting treatment facilities will
be respected.
(2) If a facility or
part thereof is closed, the following rules apply.
(A) HHSC will notify the local health
department director, city or county health authority, and representatives of
the appropriate state agencies of the closure.
(B) Facility staff must notify each
resident's legally authorized representative (LAR) and attending physician,
advising them of the action in process.
(C) The resident or the resident's LAR will
have an opportunity to designate a preference for a specific facility or for
other arrangements.
(D) HHSC must
contact the local intellectual and developmental disability authority (LIDDA)
to arrange for resident relocation to other facilities in the area in
accordance with the resident's preference. A facility chosen for relocation
must be in good standing with HHSC and, if certified under Titles XVIII and XIX
of the Social Security Act, must be in good standing under its contract. The
facility chosen must be able to meet the needs of the resident.
(E) If absolutely necessary, to prevent
transport over substantial distances, HHSC will grant a waiver to a receiving
facility to temporarily exceed its licensed capacity, provided the health and
safety of residents 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 HHSC staff, until
residents can be transferred to a permanent location.
(F) With each resident 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 or LAR; attending
physician; Medicare and Medicaid identification number; Social Security number;
and other identification information as deemed necessary and
available;
(iii) all medication
dispensed in the name of the resident for which physician's orders are current.
The medication must be inventoried and transferred with the resident.
Medications past an expiration date or discontinued by physician order must be
inventoried for disposition in accordance with state law;
(iv) the resident's personal belongings,
clothing, and toilet articles. An inventory of personal property and valuables
must be made by the closing facility; and
(v) resident trust fund accounts maintained
by the closing facility. All items must be properly inventoried, and receipts
obtained for audit purposes by the appropriate state agency.
(G) If the closed facility is
allowed to reopen within 90 days, the relocated residents will have the first
right to return to the facility. Relocated residents 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 resident's return to the facility
must be treated as a new admission, including exchange of medical information,
medications, and completion of required forms.
