On March 27, 2017, DADS issued a Provider Letter announcing new rules in the TAC regarding Revocation of Licenses for Nursing Facilities and regarding staying the license revocation. DADS explains:
If you received a violation on or after September 1, 2016 that was related to abuse or neglect and cited at the immediate threat level, you also received a letter at the time of the exit conference that serves as your notice that the survey team identified a violation related to abuse or neglect that constituted an immediate threat to health and safety of a resident. If you receive violations that meet this criteria, during three separate on-site visits within a 24 month period, the EC is required to propose license revocation. (Note: immediately after the third violation is cited a rapid response team visit will occur to closely monitor your facility until license revocation is proposed.)
You will be allowed the option to IDR each of the three violations.
If you request a stay, there are specific steps you must take. If you are granted a stay and enter into a stay agreement, you must:
• must complete actions to address the underlying causes that resulted in the violations in accordance with a schedule that is approved by the EC;
• may not receive a violation that constitutes an immediate threat to health and safety or that results in actual harm to a resident for a period of time determined by the EC, but for at least 12 months after the effective date of the agreement; and
• must waive the right to request a hearing if the stay is lifted and the revocation is imposed
Should you find yourself in this situation, you should consult an attorney to navigate these new rules. They became effective on March 27, 2017.
