PL 18-03-NF – This guidance for Nursing providers was issued by HHSC to address licensure violations and when violations counts as one of the three violations forming the basis for the license revocation that is required by §19.2107 in 40 Texas Administrative Code Chapter 19.
b) Except as provided by subsection (d) of this section, the executive commissioner revokes a license if DADS finds that:
(1) the license holder has committed three violations in §19.601(b) or (c) of this chapter (relating to Resident Behavior and Facility Practice) that constitute an immediate threat to health and safety related to abuse or neglect of a resident within a 24-month period at the same facility; and
(2) each of the violations is reported in connection with a separate survey, inspection, or investigation visit that occurred on separate entrance and exit dates. (c) For purposes of calculating the 24-month period described in subsection (b)(1) of this section, the date a violation occurs is the date of the initial exit conference for the survey, inspection, or investigation visit in which the violation was cited.
According to the letter: Violation counts as one of the three violations forming the basis for license revocation if:
• the violation is related to abuse or neglect; and
• the violation is cited at the immediate threat level which means the violation must have a scope and severity level of J, K, or L; and
• the violation is included on the final written statement of violations sent to the facility within 10 working days after the exit conference; and
• the survey team leaves a letter with the facility administrator at the time of the exit conference that serves as written notice that the survey team identified a violation related to abuse or neglect that constitutes an immediate threat to resident health and safety.
For further details see provider letter.