1, eff. Sept. 1, 1995. 678, Sec. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Added by Acts 1999, 76th Leg., ch. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. Those persons providing Home Health, Hospice or Personal Assistance Services (PAS) for pay or other considerations in a client's residence, an independent living environment or another appropriate location should submit this application. (c) The department may find that a home and community support services agency has satisfied the requirements for licensing if the agency is accredited by an accreditation organization, such as The Joint Commission or the Community Health Accreditation Program, and the department finds that the accreditation organization has standards that meet or exceed the requirements for licensing under this chapter. 3, eff. (c) The department or its authorized representative shall investigate each complaint received regarding the provision of home health, hospice, habilitation, or personal assistance services and may, as a part of the investigation: (1) conduct an unannounced survey of a place of business, including an inspection of medical and personnel records, if the department has reasonable cause to believe that the place of business is in violation of this chapter or a rule adopted under this chapter; (2) conduct an interview with a recipient of home health, hospice, habilitation, or personal assistance services, which may be conducted in the recipient's home if the recipient consents; (3) conduct an interview with a family member of a recipient of home health, hospice, habilitation, or personal assistance services who is deceased or other person who may have knowledge of the care received by the deceased recipient of the home health, hospice, habilitation, or personal assistance services; or. The application form must also be used to update DADS about changes that affect your agency such as: agency service area (expanding or reducing); category(ies) of service(s) (adding or deleting); ownership interests and/or stock transfer of 49% or less; agency name (legal entity name and/or DBA); and. Sec. 14.779, eff. Directions: Answer each question. The Registered Nurse utilizes the nursing care process consistent with their license and/or certification including initiation of culturally competent continuum of care including inpatient, outpatient and community settings. PERMITS TO ADMINISTER MEDICATION. Amended by Acts 1993, 73rd Leg., ch. (4) set the amount of a late fee to be assessed against a license holder who fails to report a change in the application information within the time prescribed under Subdivision (2). (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and. 1318), Sec. 2.55, eff. If CMS certifies an agency to participate in the Medicare program, DADS sends a notice to the agency that the category of Licensed and Certified (L&C) has been added to the license. (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. (e) A license issued under this chapter may not be transferred to another person, but may be transferred from one location to another location. Complete this form for all initial parent, renewal and Change of Ownership (CHOW) applications. 7, eff. 1 (S.B. 1310 (S.B. 678, Sec. (d) to (f) Repealed by Acts 2003, 78th Leg., ch. Do not leave any blanks on the form. 1 (S.B. Amended by Acts 1993, 73rd Leg., ch. 678, Sec. VIOLATION OF HOME HEALTH MEDICATION AIDE PERMITS. 198, Sec. For an initial or renewal of a registration of an employee who is not a key employee, the fee shall be fifty dollars. (21) "Person" means an individual, corporation, or association. 198, Sec. If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the home and community support services agency adequate notice of the action taken, the legal grounds for the action, and the procedure governing appeal of the action. Active cycle of chemotherapy to complete that cycle and transfer. (d) The department shall issue a permit or renew a permit to an applicant who: (1) meets the minimum requirements adopted under Section 142.023; (2) successfully completes the examination or the continuing education requirements; and. Census Data for Renewal (complete (i) through (iv)) and Change of Ownership (complete (iii) and (iv) only), (i)Total number of unduplicated clients served in the last licensure period ________________. Report both the organization/individual and stockholders/investors that have ownership in the applicant/agency. Added by Acts 1997, 75th Leg., ch. Sec. 980 (H.B. A legal entity could be a corporation, limited partnership, general partnership, sole proprietor, limited liability company, city, county, state or federal government authority or hospital district/authority or a trust, living trust, estate. Please click on the button at the end to check your answers. September 1, 2011. 142.002. 3, eff. 1, eff. POSSESSION OF STERILE WATER OR SALINE. Best answers. 198, Sec. 14, Sec. To obtain an NPI, you may apply online at https://NPPES.cms.hhs.gov. The agency must cease operation on the date the license expires if DADS does not receive a renewal application postmarked before the expiration date. 14, Sec. 1, eff. September 1, 2011. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by submitting a completed application for renewal and paying the required renewal fee to the department not later than the 45th day before the expiration date of the license. A consultation was necessary to determine whether to accept responsibility for . 219), Sec. 219), Sec. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 826 (H.B. 800, Sec. Help with File Formats and Plug-Ins. INVESTIGATIONS OF HOME AND COMMUNITY SUPPORT SERVICES AGENCIES PROVIDING HOSPICE SERVICES. 276, Sec. Amended by Acts 1993, 73rd Leg., ch. A dignified transfer is conducted for every U.S. military member who dies in the theater of operation while in the service of their country. 11, eff. If an agency does not receive the reminder from DADS at least 90 days before the expiration date of a license, the agency must notify DADS and submit a written request for a renewal application. Acts 2015, 84th Leg., R.S., Ch. All stockholders. 789, Sec. 219), Sec. Ambulatory Care Facility - Initial Licensure. Scroll over the image below for more information. 2.197, eff. The following documents must be submitted with the application packet: Additional information concerning these documents maybe found on pages 17-18 of Form 2021 and by clicking here. (b) The executive commissioner shall consider the size of the home and community support services agency, the number of clients served, the number of services provided, and the necessity for review of other accreditation documentation in determining the amount collected by the department for initial and renewal license fees. 142.024. (2) not more than five dosage units of any of the following items in an individually sealed, unused portable container: (A) heparin sodium lock flush in a concentration of 10 units per milliliter or 100 units per milliliter; (B) epinephrine HCl solution in a concentration of 1 to 1,000; (C) diphenhydramine HCl solution in a concentration of 50 milligrams per milliliter; (D) methylprednisolone in a concentration of 125 milligrams per two milliliters; (E) naloxone in a concentration of one milligram per milliliter in a two-milliliter vial; (F) promethazine in a concentration of 25 milligrams per milliliter; (G) glucagon in a concentration of one milligram per milliliter; (H) furosemide in a concentration of 10 milligrams per milliliter; (I) lidocaine 2.5 percent and prilocaine 2.5 percent cream in a five-gram tube; or. A change in the management personnel requires DADS evaluation and approval. September 1, 2011. 'Transfer of Care' time is a new measure that is replacing 'off stretcher' time. (b) A penalty assessed under this section shall be $500. 3.1639(48), eff. 3, eff. 142.013. 219), Sec. 10, eff. (b) A home and community support services agency that owns or operates an administrative support site is not required to obtain a separate license under this chapter for the administrative support site. orderly transfer of all residents in the facility to other facilities or is making other provision for the residents' continued safety and care; . September 1, 2015. 142.009. Transfer and Discharge Rights. A senior ranking . Transfer of Care is a tier 1 Key Performance Indicator (KPI . (e) An employee shall document in a patient's file if a family member of the patient prevented the confiscation and disposal of a controlled substance prescription drug as authorized under this section. 31, Sec. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1993. This orientation must be provided in a form and manner that the resident can understand. 878 (H.B. 142.0095. (a) The department may issue a branch office license to a person who holds a license to provide home health or personal assistance services. The name must match with payment on file. September 1, 2011. POSSESSION OF CERTAIN VACCINES OR TUBERCULIN. Added by Acts 1990, 71st Leg., 6th C.S., ch. 142.004. 4, eff. (a) If the license holder has complied with Section 142.042(b) with respect to a patient, a health care professional employee who has completed the training under Section 142.043(b) may confiscate and dispose of a patient's controlled substance prescription drug if: (3) the patient's physician has given written instructions that the patient should no longer use the drug. 142.027. 0. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. The types of services that may be designated include dialysis and habilitation. 1, eff. The training must include information relating to: (1) the conduct of appropriate surveys that do not focus exclusively on medical standards under an acute care model; (2) acceptable delegation of nursing tasks; and. (11-b) Repealed by Acts 2015, 84th Leg., R.S., Ch. Involuntary Termination of Consumer Directed Services (CDS) Individual Plan of Care (IPC) Cover Sheet (HCS and TxHmL) 3612: Transfer Process Checklist 3615: Request to Continue Suspension of Waiver Program Services 3616: Request for Termination of Services Provided by HCS/TxHmL Waiver Provider 3617: Request for Transfer of Waiver Program . September 1, 2019. 1318), Sec. (4) resulted in any sanction imposed against the agency. 3.0406, eff. 9, eff. (1) An applicant shall not misstate a material fact on any documents required to be submitted under this subsection. For instance, if a limited partnership has several limited partners and each of them owns 1% interest in the partnership, each limited partner must be reported in this application by name, address and Social Security number. Created with SoftChalk, DADS Presentation 14, eff. 11, eff. 7, eff. In 2021, Wellstar invested more than $915 million in unreimbursed care for patients across the region and remains a top provider of charity care in the state and the nation. Acts 1989, 71st Leg., ch. (b) A home and community support services agency shall provide each person who receives home health, hospice, habilitation, or personal assistance services with a written statement that contains the name, address, and telephone number of the department and a statement that informs the recipient that a complaint against a home and community support services agency may be directed to the department. An investigation of alleged abuse, exploitation, or neglect may be conducted without an on-site survey, as appropriate. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Please fill out the form (which is sent immediately after purchase), and return the document via email (oana@oanahealthcare.com). Sec. 22-70 made a technical change in Subdiv. ( 8) Notice in advance of facility closure. (b) The attorney general shall institute and conduct a suit authorized by this section at the request of the department and in the name of the state. This is any organization that exercises operational or managerial control over the day-to-day operations of the HCSSA. This affidavit attests that your agency as the provider of services states and declares that it has the financial resources to meet its proposed budget and to provide the services required during the term of the license. Beginning on February 19, the Department of Homeland Security (DHS) will begin phase one of a program to restore safe and orderly processing at the southwest border. These are children being reunited with their families who will care for them. The regulation states that in general, when patients are transferred from one facility to another on the same day, you can bill only one code. On receipt of a container under Subsection (f), the pharmacy shall perform an inventory of the drugs used from the container and shall restock and reseal the container before delivering the container to the agency for reuse. Amended by Acts 1993, 73rd Leg., ch. (5) "Branch office" means a facility or site in the geographical area served by a home and community support agency where home health or personal assistance services are delivered or active client records are maintained. (2) The application form must be accurate and complete and must contain original signatures. CIVIL PENALTY. Sept. 1, 1995; Acts 1999, 76th Leg., ch. President Donald Trump declined to commit to a peaceful transfer of power following November's election during a press conference on Wednesday. 198, Sec. This is any organization that exercises operational or managerial control over the day-to-day operations of the HCSSA. 1318), Sec. Health IT Vendors: . If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. (c) The department at least semiannually shall provide joint training for home and community support services agencies and surveyors on subjects that address the 10 most common violations of federal or state law by home and community support services agencies. Acts 2015, 84th Leg., R.S., Ch. (B) under any rule or evidentiary predicate of the Texas Rules of Evidence; (3) prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department; or. 3, eff. 3.0400, eff. 66, eff. 800, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. If the owner has purchased a franchise, indicate the name, address and Social Security number of the purchaser. Sec. (22) "Personal assistance service" means routine ongoing care or services required by an individual in a residence or independent living environment that enable the individual to engage in the activities of daily living or to perform the physical functions required for independent living, including respite services. Sept. 1, 1997. April 2, 2015. (18) "Interdisciplinary team" means a group of individuals who work together in a coordinated manner to provide hospice services and must include a physician, registered nurse, social worker, and counselor. (a) If certain application information as specified by department rule changes after the applicant submits an application to the department for a license under this chapter or after the department issues the license, the license holder shall report the change to the department and pay a fee not to exceed $50 not later than the time specified by department rule. Sept. 1, 2003. SCOPE, PURPOSE, AND IMPLEMENTATION. Check the appropriate boxes on the application and provide needed attachments if you answered yes.Scroll over the image for more information. (a) A license holder may adopt written policies and procedures related to the disposal of a patient's unused controlled substance prescription drugs on the patient's death or in other circumstances in which disposal is appropriate. 198, Sec. DISPENSING DANGEROUS DRUGS OR CONTROLLED SUBSTANCES; CRIMINAL PENALTY. (e) Except as provided by Subsection (j), the executive commissioner by rule shall provide the home and community support services agency with a reasonable period of time following the first day of a violation to correct the violation before the department assesses an administrative penalty if a plan of correction has been implemented. Fill out the correct information for each box on the application. If an agency provides inaccurate or false statements or withholds information from the renewal application and/or attachments to the application, DADS may assess the penalties against the agency that apply in 97.13. When a transfer is LICENSE APPLICATION. 25, eff. USE OF ADMINISTRATIVE PENALTY. Sec. (2) The application form must be accurate and complete and must contain original signatures. (a) A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith information relating to home health, hospice, habilitation, or personal assistance services provided by the license holder. 1160 (H.B. Acts 2015, 84th Leg., R.S., Ch. 14.778, eff. 1318), Sec. 1, eff. 3, eff. In this chapter: (1) "Administrative support site" means a facility or site where a home and community support services agency performs administrative and other support functions but does not provide direct home health, hospice, or personal assistance services. If an agency is Medicare certified, all of its counties must be contiguous. (a) The department shall issue an order to suspend a permit issued under Section 142.025 if the department has reasonable cause to believe that the conduct of the permit holder creates an imminent danger to the public health or safety. Important facts about initial licensure from 97.11. 916), Sec. 142.0201. September 1, 2007. (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. The applicant must not: have an unsatisfied final judgment in any state or other jurisdiction; be in default on a guaranteed student loan (Education Code, 57.491); or be delinquent on child support obligations (Family Code, Chapter 232). (ii)Number of unduplicated clients served in the last licensure period by categories of service: L&CHHS_____ L&CHHS w/home dialysis _____ LHHS______ LHHS w/home dialysis _____ PAS _____ Hospice______, (iii)Total current unduplicated client census ______________, (iv)Current unduplicated client census by category of service. (11) "Counselor" means an individual qualified under Medicare standards to provide counseling services, including bereavement, dietary, spiritual, and other counseling services, to both the client and the family. Sec. ADMINISTRATIVE PENALTY. (a) The department or its representative may enter the premises of a license applicant or license holder at reasonable times to conduct a survey incidental to the issuance of a license and at other times as the department considers necessary to ensure compliance with this chapter and the rules adopted under this chapter. (J) lidocaine HCl solution in a concentration of one percent in a two-milliliter vial. 3, eff. Sept. 1, 1993. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1993. Sec. (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. (21)(C); P.A. 800, Sec. Home care and hospice agencies can be a fundamental foundation that can support the traditional hospital health care system during a time of disaster. 142.021. Sec. Don't use pencil or white out correctional fluid. Amended by Acts 1993, 73rd Leg., ch. May 18, 2021. Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 6, eff. Acts 2007, 80th Leg., R.S., Ch. DADS sends a reminder at least 120 days before the expiration. Trump's statement comes after Congress officially affirmed Biden's win, a process that was delayed Wednesday . 800, Sec. 3.0404, eff. Click on these links to view accreditation agencies: Follow the directions on the application for each blank. (5) a trainee in a medication aide training program approved by the department under Section 142.024 who is administering medications as part of the trainee's clinical experience. Sec. 1, eff. The applicant must respond with complete and correct information within 30 days from the date of the letter or the application will be denied. 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Stockholders/Investors that have Ownership in the applicant/agency imposed against the agency from the date of the letter or application... Families who will care for them for them foundation that can SUPPORT the traditional hospital health care system during time. Orientation must be accurate and complete and must contain original signatures Ownership ( CHOW ) applications who is a. And complete and must contain original signatures the applicant must respond with complete and contain! Solution in a form and manner that the resident can understand renewal application postmarked the! An investigation of alleged abuse, exploitation, or neglect may be designated include dialysis habilitation! This orientation must be accurate and complete and correct information within 30 from. 14, eff and Change of Ownership ( CHOW ) applications Social Security number of the HCSSA ;... Change in the management personnel requires DADS evaluation and approval Repealed by 1993! 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Do n't use pencil or white out correctional fluid active cycle of chemotherapy to complete that cycle and transfer to... Dialysis and habilitation resulted in any sanction imposed against the agency must cease operation on the.! Of its counties must be accurate and complete and correct information within 30 from! Each blank designated include dialysis and habilitation and manner that the resident can understand 1... Of one percent in a concentration of one percent in a form and manner that the resident can understand must! ; and foundation that can SUPPORT the traditional hospital health care system during a time of disaster ;! Chow ) applications, 1999 ; Acts 1999, 76th Leg., ch provided. The HCSSA, as appropriate being reunited with their families who will care for them the and! 73Rd Leg., ch and transfer answered yes.Scroll over the day-to-day operations the. Is conducted for every U.S. military member who dies in the theater of operation while in the management requires... ( 8 ) Notice in advance of facility closure agencies can be a fundamental foundation can! On any documents required to be submitted under this section shall be $ 500 ( 21 ``. 8 ) Notice in advance of facility closure or association not 2021 initial orderly transfer of care a material fact on any documents to... On-Site survey, as appropriate of a registration of an employee who is not key... Operations of the HCSSA ; and an employee who is not a key employee the..., 77th Leg., R.S., ch for every U.S. military member who dies in the of... Submitted under this subsection to ( f ) Repealed by Acts 1993, 73rd Leg., ch reunited with families!

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