(a) In this section, the terms "close" and "closure" refer to a facility ceasing to operate. The terms do not include temporarily relocating residents of a facility.
(b) Except as provided in subsection (c) of this section, if a license holder intends to voluntarily close a facility, the license holder must, at least 60 days before the facility closes:
  (1) send written notice of the license holder's intent to close the facility, including the anticipated date of closure, to:
    (A) the Texas Health and Human Services Commission (HHSC); and
    (B) all residents; and
  (2) make reasonable efforts to send written notice of the license holder's intent to close the facility, including the anticipated date of closure to:
    (A) all residents' legally authorized representatives (LARs); or
    (B) if a resident does not have an LAR the resident's nearest relative.
(c) If, for reasons beyond the license holder's control, the license holder cannot provide the notice required by subsection (b) of this section at least 60 days before the license holder anticipates closing the facility, the license holder must state in the notice the reason why a shorter time period is necessary.
(d) If HHSC requires a facility to close or the facility's closure is in any other way involuntary, the license holder must, immediately after becoming aware that the facility is closing:
  (1) send written notice of the closure, including the anticipated date of closure, to:
    (A) HHSC, if HHSC is not requiring the facility to close; and
    (B) all residents; and
  (2) make reasonable efforts to send written notice of the closure, including the anticipated date of closure to:
    (A) all residents' LARs; or
    (B) if a resident does not have an LAR, the resident's nearest relative.
(e) A license holder must submit the license of a closing facility to HHSC with the notice required by subsection (b)(1)(A) or (d)(1)(A) of this section. If notice is not provided in accordance with subsection (b)(1)(A) or (d)(1)(A) of this section because HHSC is requiring a facility to close, the license holder must submit the license to HHSC when the closure is final.

Source Note: The provisions of this §551.239 adopted to be effective April 17, 2016, 41 TexReg 2602; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787