Licensing Standards for Assisted Living Facilities Handbook
- Subchapter A, Introduction
- Subchapter B, Application Procedures
- §92.11
- Criteria for Licensing
- §92.12
- General Application Requirements
- §92.13
- Time Periods for Processing All Types of License Applications
- §92.14
- Initial License Application Procedures and Requirements
- §92.15
- Renewal Procedures and Qualifications
- §92.16
- Change of Ownership
- §92.17
- Relocation
- §92.18
- Increase in Capacity
- §92.19
- Decrease in Capacity
- §92.20
- Provisional License
- Subchapter C, Standards for Licensure
- Subchapter D, Facility Construction
- Subchapter E, Inspections, Surveys, and Visits
- Subchapter F, Abuse, Neglect, and Exploitations; Complaint and Incident Reports and Investigations
- Subchapter G, Miscellaneous Provisions
- Subchapter H, Enforcement
- §92.201
- When may DHS suspend a facility's license?
- §92.202
- Does DHS provide notice of a license suspension and the opportunity for a hearing to the applicant, license holder, or a controlling person?
- §92.203
- May DHS suspend a license at the same time another enforcement action is occurring?
- §92.204
- How does DHS notify a license holder of a proposed suspension?
- §92.205
- What information does DHS provide the license holder concerning a proposed suspension?
- §92.206
- Does the license holder have an opportunity to show compliance with all requirements for keeping the license before DHS begins proceedings to suspend a license?
- §92.207
- How does a license holder request an opportunity to show compliance?
- §92.208
- How much time does a license holder have to request an opportunity to show compliance?
- §92.209
- What must the request for an opportunity to show compliance contain?
- §92.210
- How does DHS conduct the opportunity to show compliance?
- §92.211
- Does DHS give the license holder a written affirmation or reversal of the proposed action?
- §92.212
- How does DHS notify a license holder of its final decision to suspend a license?
- §92.213
- May the facility request a formal hearing?
- §92.214
- How long does a license holder have to request a formal hearing?
- §92.215
- If a license holder does not appeal, when does the suspension take effect?
- §92.216
- If a license holder appeals, when does the suspension take effect?
- §92.217
- May a facility operate during a suspension?
- §92.218
- How long is the suspension?
- §92.219
- How does DHS decide to remove the suspension?
- §92.220
- Must the license be returned to DHS during a license suspension?
- §92.251
- When may DHS revoke a license?
- §92.252
- Does DHS provide notice of a license revocation and opportunity for a hearing to the applicant, license holder, or controlling person?
- §92.253
- May DHS take more than one enforcement action at a time against a license?
- §92.254
- How will DHS notify a license holder of a proposed revocation?
- §92.255
- What information does DHS provide the license holder concerning a proposed revocation?
- §92.256
- Does the license holder have an opportunity to show compliance with all requirements for keeping the license before DHS begins proceedings to revoke a license?
- §92.257
- How does a license holder request an opportunity to show compliance?
- §92.258
- How much time does a license holder have to request an opportunity to show compliance?
- §92.259
- What must the request for the opportunity to show compliance contain?
- §92.260
- How does DHS conduct the opportunity to show compliance?
- §92.261
- Does DHS give the license holder a written affirmation or reversal of the proposed action?
- §92.262
- Does the license holder have an opportunity for a formal hearing?
- §92.263
- How long does a license holder have to request a formal hearing?
- §92.264
- When does the revocation take effect if the license holder does not appeal?
- §92.265
- When does the revocation take effect if the license holder appeals the revocation?
- §92.266
- May a facility operate during a revocation?
- §92.267
- What happens to a license if it is revoked?
- §92.301
- Why would DHS refer a facility to the Office of the Attorney General or local prosecuting authority for a temporary restraining order or an injunction?
- §92.302
- To whom does DHS refer a facility that is operating without a license?
- §92.351
- When may DHS suspend a license or order an immediate closing of all or part of a facility?
- §92.352
- How does DHS notify a facility of a license suspension or immediate closing of all or part of a facility?
- §92.353
- When does an order suspending a license or closing all or part of a facility go into effect?
- §92.354
- How long is an order suspending a license or closing all or part of a facility valid?
- §92.355
- May a license holder request a hearing?
- §92.356
- Where can a license holder find information about administrative changes?
- §92.357
- Does a request for an administrative hearing suspend the effectiveness of the order?
- §92.358
- Does anything happen to a resident's rights or freedom of choice during an emergency relocation?
- §92.359
- Who does DHS notify if all or part of a facility is closed?
- §92.360
- Who must a facility notify if all or part of the facility is closed?
- §92.361
- Who decides where to relocate a resident?
- §92.362
- Who arranges the relocation?
- §92.363
- Is a resident's preference considered?
- §92.364
- What requirements must the facility a resident chooses for relocation meet?
- §92.365
- Is a receiving facility allowed to temporarily exceed its licensed capacity?
- §92.366
- Under what conditions is a receiving facility allowed to temporarily exceed its licensed capacity?
- §92.367
- What requirements must a facility meet to obtain a temporary waiver?
- §92.368
- How long can a facility have a temporary waiver?
- §92.369
- Does DHS monitor a facility with a temporary waiver?
- §92.370
- What records, reports, and supplies are sent to the receiving facility for transferred residents?
- §92.371
- May a resident return to the closed facility if it reopens within 90 calendar days?
- §92.372
- Do the relocated residents have any special admission rights at the closed facility?
- §92.373
- What options does a relocated resident have?
- §92.374
- Are relocated residents who return to the facility considered new admissions?
- §92.401
- When may DHS refer a facility to the Office of the Attorney General for assessment of civil penalties?
- §92.402
- What is the amount of the civil penalty that can be assessed for operating without a license?
- §92.451
- When may DHS petition a court for the involuntary appointment of a trustee to operate a facility?
- §92.452
- When may DHS disburse emergency assistance funds?
- §92.453
- Must a facility reimburse DHS for emergency assistance funds?
- §92.454
- When is reimbursement for emergency assistance funds due to DHS?
- §92.455
- Who is responsible for reimbursement?
- §92.456
- What happens if a facility does not reimburse DHS in one year?
- §92.501
- May a facility request the appointment of a trustee to assume operation of a facility?
- §92.502
- Who may make the request?
- §92.503
- What are the requirements for a trustee agreement?
- §92.504
- When does an agreement for a trustee terminate?
- §92.505
- What happens if the controlling person wants to terminate the agreement, but DHS determines termination of the agreement is not in the best interest of the residents?
- §92.506
- When DHS appoints a trustee, is the facility always required to pay assessed civil money penalties?
- Subchapter I, Access to Residents and Records by the Long-Term Care Ombudsman Program
Chapter 92
Division 1, General InformationDivision 2, Actions Against a License: Suspension
Division 3, Actions Against a License: Revocation
Division 4, Actions Against a License: Temporary Restraining Orders and Injunctions
Division 5, Actions Against a License: Emergency License Suspension and Closing Order
Division 6, Actions Against a License: Civil Penalties
Division 7, Trustees: Involuntary Appointment of a Trustee
Division 8, Trustees: Appointment of a Trustee by Agreement
Division 9, Administrative Penalties