1. (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.

2. (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. (1) send written notice of the license holder's intent to close the facility, including the anticipated date of closure, to:

      1. (A) DADS; and
      2. (B) a resident: and

   2. (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:

      1. (A) a resident's legally authorized representative; or
      2. (B) if the resident does not have a legally authorized representative, the resident's nearest relative.
3. (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.

4. (d) If DADS 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. (1) send written notice of the closure, including the anticipated date of closure, to:

      1. (A) DADS, if DADS is not requiring the facility to close; and
      2. (B) a resident; and

   2. (2) make reasonable efforts to send written notice of the closure, including the anticipated date of closure to:

      1. (A) a resident's legally authorized representative; or
      2. (B) if the resident does not have a legally authorized representative, the resident's nearest relative.
5. (e) A license holder must submit the license of a closing facility to DADS 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 DADS is requiring a facility to close, the license holder must submit the license to DADS 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.