The executive commissioner may adopt rules governing the duties and responsibilities of home and community support services agency administrators, including rules regarding: (1) an administrator's management of daily operations of the home and community support services agency; (2) an administrator's responsibility for supervising the provision of quality care to agency clients; (3) an administrator's implementation of agency policy and procedures; and. September 1, 2011. The National Provider Identification (NPI) number is the standard unique health identifier for health care providers and is assigned by the National Plan and Provider Enumeration System (NPPES). The department may charge a home and community support services agency a fee, not to exceed $50 per person, for the training. (g) The executive commissioner shall establish a system to ensure standard and consistent application of penalties regardless of the home and community support services agency location. 142.007. Sec. HEARING; ORDER. 1720), Sec. (d) Information received by the department relating to the competence and financial resources of the applicant or a controlling person with respect to the applicant is confidential and may not be disclosed to the public. (d) The reports, records, and working papers used or developed in an investigation made under this section are confidential and may not be released or made public except: (2) to federal, state, or local law enforcement personnel; (3) with the consent of each person identified in the information released; (4) in civil or criminal litigation matters or licensing proceedings as otherwise allowed by law or judicial rule; (5) on a form developed by the department that identifies any deficiencies found without identifying a person, other than the home and community support services agency; (6) on a form required by a federal agency if: (A) the information does not reveal the identity of an individual, including a patient or a physician or other medical practitioner; (B) the service provider subject to the investigation had a reasonable opportunity to review the information and offer comments to be included with the information released or made public; and, (C) the release of the information complies with any other federal requirement; or. (D) a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter; (2) bar the admission into evidence of department survey reports or other documents that are offered: (A) to establish warning or notice to a home and community support services agency of a relevant department determination; or. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 142.019. Physicians are encouraged to be involved in the design of transitions within the health care system to ensure co-ordination and continuity of care for the benefit of their patients. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. (a) If the attorney general brings an action against a person under Section 142.013 or 142.014 or to enforce an administrative penalty assessed under Section 142.0173 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs. Sept. 1, 1999. Acts 2019, 86th Leg., R.S., Ch. 826 (H.B. TEMPORARY LICENSE. EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR ADMINISTRATIVE PENALTY. Amended by Acts 1993, 73rd Leg., ch. 142.009. Acts 2007, 80th Leg., R.S., Ch. 5, eff. 678, Sec. Added by Acts 1990, 71st Leg., 6th C.S., ch. http://www.dads.state.tx.us/. Sec. 3:17 a.m. (e) (1) Permitting residents to return to facility. 2558), Sec. 1 (S.B. Remember that an application is not considered complete until the applicant pays the full licensing fee. April 2, 2015. A senior ranking . 142.001. (B) provides nursing services by a person exempt from licensing by Section 301.004, Occupations Code, because the person furnishes nursing care in which treatment is only by prayer or spiritual means; (13) an individual hired and paid directly by the client or the client's family or legal guardian to provide home health or personal assistance services; (14) a business, school, camp, or other organization that provides home health or personal assistance services, incidental to the organization's primary purpose, to individuals employed by or participating in programs offered by the business, school, or camp that enable the individual to participate fully in the business's, school's, or camp's programs; (15) a person or organization providing sitter-companion services or chore or household services that do not involve personal care, health, or health-related services; (16) a licensed health care facility that provides hospice services under a contract with a hospice; (17) a person delivering residential acquired immune deficiency syndrome hospice care who is licensed and designated as a residential AIDS hospice under Chapter 248; (18) the Texas Department of Criminal Justice; (19) a person that provides home health, hospice, habilitation, or personal assistance services only to persons receiving benefits under: (A) the home and community-based services (HCS) waiver program; (B) the Texas home living (TxHmL) waiver program; (C) the STAR + PLUS or other Medicaid managed care program under the program's HCS or TxHmL certification; or. Each day of a continuing violation that occurs after the day on which the person receives written notice of the violation from the department constitutes a separate violation. 6, eff. In determining appropriate categories, the department shall make distinctions based on factors useful to the public in assessing the quality of services provided by a home and community support services agency, including whether the complaint: (1) was determined to be valid or invalid; (2) involved significant physical harm or death to a patient; (3) involved financial exploitation of a patient; or. 678, Sec. Sept. 1, 1989. April 2, 2015. June 10, 2019. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Amended by Acts 1993, 73rd Leg., ch. Section 9817 provides enhanced federal funding for Medicaid home and community-based services (HCBS) and certain behavioral health services through a one-year 10% increase to the share of state Medicaid spending that is paid for by the federal government. The dignified transfer is not a ceremony; rather, it is a solemn movement of the transfer case by a carry team composed of military personnel from the fallen member's respective service. April 2, 2015. 142.042. Sept. 1, 1993. 450, Sec. Amended by Acts 1993, 73rd Leg., ch. (b) The employee confiscating the controlled substance prescription drug shall dispose of the drug in a manner consistent with recommendations of the United States Food and Drug Administration and the laws of this state. It's times like this that I'm proud to be an American. 142.002. Use professional pre-built templates to fill in and sign documents online faster. POLICY. (b) A license issued under this chapter expires three years after the date of issuance. 2.56, 2.156(a)(1), eff. Acts 2007, 80th Leg., R.S., Ch. (a) The department shall issue an alternate delivery site license to a qualified hospice. 1720), Sec. (a) Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home and community support services agency is not admissible as evidence in a civil action to prove that the agency violated a standard prescribed under this chapter. 219), Sec. Amended by Acts 1993, 73rd Leg., ch. The applicant must print documentation of completion for each of the required individuals and submit proof of completion with the application. 223), Sec. (4) the agency maintains a written record of the dates and times the container is in the possession of a registered nurse or licensed vocational nurse. Acts 2015, 84th Leg., R.S., Ch. (f) The department shall evaluate and consider all information collected during the application process. (a) This section applies to an employee of a license holder who is a health care professional licensed under Title 3, Occupations Code. 3.0404, eff. To obtain an NPI, you may apply online at https://NPPES.cms.hhs.gov. 4, eff. September 1, 2007. 879 (S.B. If an incomplete application packet and license fee is submitted to DADS, it must contain a letter explaining the circumstances that prevented its completion. Added by Acts 1999, 76th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1997. 7, eff. Added by Acts 1990, 71st Leg., 6th C.S., ch. (b) The executive commissioner by rule shall set minimum standards for home and community support services agencies licensed under this chapter that relate to: (1) qualifications for professional and nonprofessional personnel, including volunteers; (2) supervision of professional and nonprofessional personnel, including volunteers; (3) the provision and coordination of treatment and services, including support and bereavement services, as appropriate; (4) the management, ownership, and organizational structure, including lines of authority and delegation of responsibility and, as appropriate, the composition of an interdisciplinary team; (6) financial ability to carry out the functions as proposed; (7) safety, fire prevention, and sanitary standards for residential units and inpatient units; and. Sec. If there is a significant change in condition, the resident should be reassessed to determine whether a change in the care and treatment plan would preclude transfer and allow the resident to remain in the facility. September 1, 2015. 4001), Sec. 142.020. 1, eff. 980 (H.B. Important facts about initial licensure from 97.11. (c) The disposal of a controlled substance prescription drug under this section must occur at the location at which the drug was confiscated and be witnessed by another person 18 years of age or older. September 1, 2015. 809 (S.B. (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation. Added by Acts 1990, 71st Leg., 6th C.S., ch. (a) The department may assess an administrative penalty against a person who violates: (1) this chapter or a rule adopted under this chapter; or. (c) A home and community support services agency or the agency's authorized employee who administers a drug listed in Subsection (a) may administer the drug only in the patient's residence under physician's orders in connection with the provision of emergency treatment or the adjustment of: (2) vaccine or tuberculin administration. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2011. 223), Sec. [35] If you are a health care provider seeking initial Medicare Part A certification and/or undergoing a change of ownership (CHOW), you will need a civil rights clearance from the Office for Civil Rights (OCR) to be certified as a Medicare Part A provider by the Centers for Medicare and Medicaid Services (CMS). If the person paid the amount of the penalty under Subsection (b)(2) and if that amount is reduced or is not upheld by the court, the court shall order that the department pay the appropriate amount plus accrued interest to the person. Sec. Amended by Acts 1993, 73rd Leg., ch. This section of the application informs DADS of the status of your accreditation. 786 (S.B. 276, Sec. The additional exit conference must be held in person and may not be held over the telephone, by e-mail, or by facsimile transmission. Following your discharge or transfer, we will send a discharge or transfer summary within the time frames specified by federal regulations to your primary care practitioner or other health care professional who will be providing care and services to you after discharge or transfer from our agency. (2) $15 for a renewal permit application fee. 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