Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
Subchapter H - ENFORCEMENT
Section 551.237 - Appointment of a Trustee by Agreement

(a) A person holding a controlling interest in a facility may, at any time, request that the Texas Health and Human Services Commission (HHSC) assume the operation of the facility through the appointment of a trustee.

(b) If HHSC believes that the appointment of a trustee is desirable, HHSC may enter into an agreement with the person holding the controlling interest for the appointment of the trustee to take charge of the facility.

(c) Any agreement entered into under this section must:

(d) The agreement will terminate either at a time specified in the agreement or upon receipt of notice of intent to terminate sent by either party.

(e) If HHSC determines that termination of the agreement by the person holding a controlling interest in the facility would not be in the best interest of the residents, HHSC will petition a court for an involuntary appointment under the terms of § 551.238 of this subchapter (relating to Involuntary Appointment of a Trustee).

(f) The appointment of a trustee by agreement does not suspend the obligation of a facility to pay assessed civil money or administrative penalties.