Sec. 242.062. EMERGENCY SUSPENSION OR CLOSING ORDER. (a) The department shall suspend an institution's license or order an immediate closing of part of the institution if:
(1) the department finds the institution is operating in violation of the standards prescribed by this chapter; and
(2) the violation creates an immediate threat to the health and safety of a resident.
(b) The executive commissioner by rule shall provide for the placement of residents during the institution's suspension or closing to ensure their health and safety.
(c) An order suspending a license or closing a part of an institution under this section is immediately effective on the date on which the license holder receives written notice or a later date specified in the order.
(d) An order suspending a license or ordering an immediate closing of a part of an institution is valid for 10 days after the effective date of the order.
(e) A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving an emergency suspension or closing order under this section or the conduct with respect to which the emergency suspension or closing order is sought.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1094, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0615, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter C. General Enforcement
Section 242.061. Denial, Suspension, or Revocation of License
Section 242.062. Emergency Suspension or Closing Order
Section 242.064. License Requirement; Criminal Penalty
Section 242.065. Civil Penalty
Section 242.066. Administrative Penalty
Section 242.0663. Violation of Law Relating to Advance Directives
Section 242.0665. Right to Correct
Section 242.067. Report Recommending Administrative Penalty
Section 242.068. Hearings on Administrative Penalties
Section 242.069. Notice and Payment of Administrative Penalty; Interest; Refund
Section 242.0695. Use of Administrative Penalty
Section 242.070. Application of Other Law
Section 242.071. Amelioration of Violation
Section 242.072. Other Remedies
Section 242.073. Legal Action by the Attorney General
Section 242.074. Notification of Change in Financial Condition