1. (a) A hospital's application for designation may be denied or a trauma facility's (facility) designation may be suspended or revoked for, but not limited to, the following reasons:

   1. (1) failure to comply with these sections, current state and/or regional emergency medical services (EMS)/trauma system (system) guidelines as described in this chapter, and all policies, protocols, and procedures as set forth in the approved system plan;
   2. (2) willful preparation or filing of false reports or records;
   3. (3) fraud or deceit in obtaining or attempting to obtain designation status;
   4. (4) refusal to submit data to the state trauma registry as described in §157.129 of this title (relating to State Trauma Registry);
   5. (5) incompetence, negligence, or misconduct in operating the facility;
   6. (6) failure to have appropriate staff or equipment required for designation as described in §157.125 of this title (relating to Requirements for Trauma Facility Designation);
   7. (7) abuse or abandonment of a patient;
   8. (8) unauthorized disclosure of medical or other confidential information;
   9. (9) alteration or inappropriate destruction of medical records;
   10. (10) refusal to render care because of a patient's race, sex, creed, national origin, sexual preference, age, handicap, medical problem, or inability to pay; or
   11. (11) criminal conviction(s) as described in Texas Civil Statutes, Articles 6252-11c and 6252-11d.

2. (b) Occasional failure of a hospital or facility to meet its obligations shall not be grounds for denial, suspension, or revocation by the Bureau of Emergency Management (bureau), if the circumstances under which the failure occurred:

   1. (1) do not reflect an overall deterioration in quality of and commitment to trauma care; and
   2. (2) are corrected within a reasonable timeframe by the hospital or facility.

3. (c) If the bureau proposes to deny, suspend, or revoke a designation, the bureau shall notify the hospital or facility by registered or certified mail at the last address shown in the bureau records. The notice shall state the alleged facts that warrant the action and state that the hospital or facility has an opportunity to request a hearing in accordance with the Department of Health (department) formal hearing procedures as described in Chapter 1 of this title (relating to Texas Board of Health).

   1. (1) The hospital or facility shall request a hearing within 15 postmark days after the date of the denial, suspension, or revocation notice. This request shall be in writing and submitted to the bureau chief. If a hearing is requested, the hearing shall be held in accordance with the department formal hearing procedures as described in Chapter 1 of this title (relating to Texas Board of Health).
   2. (2) If the hospital or facility does not request a hearing in writing, after being sent the notice of opportunity for hearing, it is deemed to have waived the opportunity for a hearing and the denial, suspension, or revocation decision shall stand.
4. (d) Six months after the denial of a hospital's application for designation, the hospital may reapply for trauma facility designation as described in §157.125 of this title (relating to Requirements for Trauma Facility Designation).
5. (e) When a designation has been suspended, the suspension shall be in effect a minimum of 10 days. Upon completion of the assigned suspension time, designation shall resume.
6. (f) One year after the revocation of a facility designation, the hospital may petition the bureau, in writing, for reapplication of designation status. However, the bureau may deny the opportunity to reapply if the bureau determines that the reason for the revocation continues to exist. If the application is allowed, the hospital shall meet the requirements as described in §157.125 of this title (relating to Requirements for Trauma Facility Designation).

Source Note:The provisions of this §157.128 adopted to be effective February 17, 1992, 17 TexReg 943.