Sec. 242.072. OTHER REMEDIES. (a) If the department finds that an institution has committed an act for which a civil penalty may be imposed under Section 242.065, the department may, as appropriate under the circumstances, order the institution to immediately suspend admissions.
(b) A suspension of admissions ordered under Subsection (a) is effective on the date a representative of the institution receives notice of the order and of the manner in which the order may be appealed. The department must provide an opportunity for a hearing with respect to an appeal of the order not later than the 14th day after the date the suspension becomes effective.
(c) During the period that an institution is ordered to suspend admissions, the institution shall post a notice of the suspension on all doors providing ingress to and egress from the institution. The notice shall be posted in the form required by the department.
(d) A person commits an offense if the person knowingly:
(1) violates Subsection (c); or
(2) removes a notice posted under Subsection (c) before the facility is allowed to admit residents.
(e) An offense under Subsection (d) is a Class C misdemeanor.
(f) 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 order suspending admissions under this section or the conduct with respect to which the order suspending admissions is sought.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.19, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1094, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0622, 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