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3003 BEE CAVES ROAD

AUSTIN, TX 78746

COMPLIANCE WITH LAWS

Tag No.: A0020

Based on observation and staff interviews, the facility failed to comply with Federal, State and Local laws when the facility failed to notify the department in writing at the time of cessation of operation of the hospital when the hospital closed without notice on 5/1/24 (Cross refer A0021).

COMPLIANCE WITH LAWS

Tag No.: A0021

Based on observation and interviews, the facility failed to comply with Federal, State and Local laws when the facility failed to notify the department in writing at the time of cessation of operation of the hospital when the hospital closed without notice on 5/1/24.

Findings were:

Texas Administrative Code 133.21(g)(2)(A) states, "(g) Changes which affect the license.
(2) A hospital shall notify the department in writing at the time of the occurrence of any of the following:
(A) cessation of operation of the hospital. The hospital shall include in the written notice the location where the medical records will be stored and the identity and telephone number of the custodian of the medical records..."


E-mail from department licensure dated 5/1/24 at 4:14 pm stated in part, "Please see the notice attached/below regarding the closure of [facility]. Licensing has not received any notification from them regarding a closure."

Review of facility website on 5/1/24 at 4:30 pm revealed no information on closure.

Observations and interviews 5/2/24:
-At 11:05 am, facility doors closed and locked with signs on double doors that stated in part, "You have been locked out for non-payment of rent ..."
-At 11:06 am, called facility telephone number and dialed "0" to reach operator, rang for 2 minutes with no answer.
-At 11:09 am, open second floor physician's office interview with receptionist who reported they had no knowledge of the closure and stated, "All I know is there is no one from Arise in the building starting yesterday [5/1/24]."
-At 12:31 pm, called facility telephone number at 12:31 pm and tried extension 2, "speak to care coordination," rang for 2 minutes with no answer.


In a telephone interview on the afternoon of 5/3/24, Staff #1, Acting Chief Executive Officer, reported inpatient services ceased around June of 2023 and outpatient services ceased around December of 2023. Staff #1 reported they were aware of the regulation to report a closure or temporary closure of services, but was unsure it this was complete. Staff #1 stated, "Apologies if notice was never sent. I had conversations with [staff member #2] about making sure notification was sent."

In a telephone interview on the morning of 5/7/24, Staff #1 reported discussions to notify the State of closure were taking place about a year ago (around June 2023) when they decided to close the inpatient portion of the facility and again around December of 2023 when the outpatient services were ceased, but they had looked through emails and could not find the actual notification emails. Staff #1 verified there were no clinical services happening at this time.