Section 930.9 - Revocation(a) Each patient or the patient's LAR has the right to revoke an essential caregiver designation. The patient, the patient's guardian, or the patient's LAR may then designate another person as the essential caregiver.(b) The state hospital may revoke an essential caregiver designation if the essential caregiver violates state hospital policies, procedures, or safety protocols. At the time of revocation, the essential caregiver and the patient or the patient's LAR will be provided a copy of the violated policy, procedure, or safety protocol.(c) If a state hospital revokes an essential caregiver designation under this section: (1) the patient, or the patient's LAR, has the right to designate another essential caregiver immediately; (A) within 24 hours, the state hospital must notify the patient or the patient's LAR of the revocation in person or by phone and the notification must be documented in the patient's record; and(B) within two business days, the state hospital must send a revocation notification letter to the patient or the patient's LAR via certified mail to include the state hospital appeal process;(2) the patient or the patient's LAR may petition the state hospital associate commissioner to appeal the revocation of an essential caregiver's designation; (A) not later than the 14th calendar day after the date of revocation, the patient or the patient's LAR, may request an appeal by submitting a written request to the state hospital associate commissioner's office;(B) the state hospital associate commissioner or designee will make a determination on the essential caregiver appeal not later than the 14th calendar day after receiving the request; and(C) the outcome will be documented in the patient's record and a decision letter will be sent to the requestor within two business days after the determination, if the patient or the patient's LAR files an appeal; and(3) if the revocation is upheld, within two business days, the state hospital will send a revocation letter to the essential caregiver and the patient or the patient's LAR via certified mail, including how to contact the Ombudsman in a language the essential caregiver and the patient or their LAR understands for information or assistance at 1-800-252-8154 or the HHSC website.26 Tex. Admin. Code § 930.9
Adopted by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5998, eff. 8/13/2024