Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES
Section 552.13 - Appeals
Universal Citation: 26 TX Admin Code ยง 552.13
Current through Reg. 49, No. 38; September 20, 2024
(a) Informal reconsideration (IR) for intermediate care facilities for the mentally retarded. Prior to the effective date of any termination of certification, the Texas Department of Human Services (DHS) gives the facility an opportunity for an IR.
(1) Elements of the informal reconsideration
are as follows.
(A) DHS gives the facility
written notice of the proposed termination of certification and the findings
upon which the action is based.
(B)
The facility will have the opportunity to refute DHS's findings in writing. If
the facility does not respond during the specified period, the action will be
taken. If there is no response by the facility, DHS is not required to take any
other action on the appeals process prior to the proposed action.
(C) If the facility does respond as required
in subparagraph (B) of this paragraph, DHS will give the facility a written
affirmation or reversal of the proposed action.
(2) DHS will provide IRs for an immediate
termination of certification as follows.
(A)
The facility must submit a written request for an IR and provide all supporting
documentation within five calendar days after receipt of DHS's written notice
of the proposed termination of certification. Long Term Care-Regulatory staff
will provide a written response to the facility within seven calendar days
after receipt of the request.
(B)
If, as a result of a credible allegation visit, the immediate termination is
changed to a 90-day termination, an IR will be offered based on the findings of
this visit. This second IR will follow the procedures in paragraph (4) of this
subsection.
(3) DHS will
not provide an IR for an immediate termination of certification if, as a result
of a credible allegation visit, DHS's proposal to immediately terminate the
facility's certification is not changed.
(4) DHS will provide IRs for a 90-day
termination of certification as follows.
(A)
The facility must submit a written request for an IR and provide all supporting
documentation within seven calendar days after receipt of DHS's written notice
of the proposed termination of certification. Long Term Care-Regulatory staff
will provide a written response to the facility within ten calendar days after
receipt of the request.
(B) After
the 45-day visit, DHS will provide the following IRs for a 90-day termination
of certification.
(i) If DHS proposes to
continue the 90-day termination based on new deficiencies, an IR will be
offered on the new deficiencies only, following the procedure in paragraph
(2)(A) of this subsection.
(ii) If
DHS proposes to continue the 90-day termination based only on uncorrected
deficiencies, an IR will not be offered.
(iii) If DHS proposes to change the 90-day
termination to an immediate termination, an IR will be offered on the new
deficiencies only, following the procedure in paragraph (2) of this
subsection.
(5)
DHS will not provide an IR for a 90-day termination of certification if, as a
result of a credible allegation visit, DHS's proposal to terminate the
facility's certification in 90 days is not changed.
(b) Formal hearing for all facilities.
(1) The facility will have the opportunity
for a formal hearing after the effective date of the termination of
certification, denial of certification, or other adverse certification
recommendation.
(2) A facility
desiring a formal hearing must make a request to DHS, in writing, within 15
calendar days after the facility receives DHS's official notice of the action.
Upon receipt of the request, DHS's Office of General Counsel will institute
formal hearing procedures. Failure of the facility to request a formal hearing
within 15 calendar days constitutes a waiver of the right to a
hearing.
(3) The formal hearing
will be conducted in accordance with DHS's formal hearing procedures in Chapter
79 of this title (relating to Legal Services).
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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