(a) HHSC may suspend a facility's license when the facility's violation of the licensure rules threatens to jeopardize the health and safety of clients.
(b) Suspension of a license may occur simultaneously with any other enforcement provision available to HHSC.
(c) HHSC notifies the facility of its intent to suspend the license, including the facts or conduct alleged to warrant the suspension. The facility has an opportunity to show compliance with all requirements of law for retention of the license as provided in §559.33 of this chapter (relating to Opportunity to Show Compliance). If the facility requests an opportunity to show compliance, HHSC gives the license holder a written affirmation or reversal of the proposed action.
(d) HHSC notifies the facility of a suspension of the facility's license. If HHSC suspends a facility's license, the licensee may request a formal appeal by following HHSC's formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act). A formal administrative hearing is conducted in accordance with Texas Government Code, Chapter 2001, and the formal hearing procedures in 1 TAC Chapter 357, Subchapter I. The suspension takes effect when the deadline for appeal of the suspension passes unless the facility appeals the suspension. If the facility appeals the suspension, the status of the license holder is preserved until final disposition of the contested matter. The license holder must return the license to HHSC within 72 hours of passing the appeal deadline or, if an appeal is filed, the final disposition of the appeal.
(e) The suspension remains in effect until HHSC determines that the reason for suspension no longer exists. A suspension may last no longer than the term of the license. HHSC conducts an on-site investigation before making a determination to lift a suspension.

Source Note: The provisions of this §559.101 adopted to be effective July 10, 2024, 49 TexReg 4909