980 (H.B. Sections 98.62(a)(1)(B) and (e)(2)(A) (c) The initial minimum standards adopted under Subsection (b) for hospice services must be at least as stringent as the conditions of participation for a Medicare certified provider of hospice services in effect on April 30, 1993, under Title XVIII, Social Security Act (42 U.S.C. Texas Administrative Code (TAC), Title 40, Part 1, Chapter 97 Subchapter B; and. 4001), Sec. 3.0406, eff. VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES. Sec. The nonrefundable license fee must be submitted with the application. 14, Sec. 1, eff. Sec. Acts 2013, 83rd Leg., R.S., Ch. At the time of transfer of a resident for hospitalization or therapeutic leave, a nursing facility must provide to the resident and the resident representative written notice which specifies the duration of the bed-hold policy described in paragraph (d) (1) of this section. 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. Added by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2015. Added by Acts 1999, 76th Leg., ch. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. (d) A license to provide hospice services issued under this chapter authorizes a hospice to own or operate a residential unit or inpatient unit at the licensed site in compliance with the standards and rules adopted under this chapter. (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). (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. April 2, 2015. 1.06, eff. 21-1 effective June 22, 2021; P.A. Completing Form 2021Licensing Application. When an agency requests the initial license application including certification, the applicant completes and submits a CMS-855A enrollment application and all supporting documentation to its fee-for-service contractor. Do not leave any blanks on the form. Sec. 23, eff. 1720), Sec. 3:17 a.m. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. 10, eff. Sec. (b) Except as provided by Section 142.028, the procedure by which the department takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by the department's rules for a formal hearing and by Chapter 2001, Government Code. An application for a license when there is a CHOW is an application for an initial license. Help with File Formats and Plug-Ins. 800, Sec. April 2, 2015. Agency Organization (management administrator or chief financial officer), Page 1 (Sections 1, 3, 4, 5 and 6) and Page 20, Page 1 (Sections 1, 3, 4, 5 and 6), Page 2 (Section 10a), Page 5 (Section 12a, 12b and new ownership information), Page 9 (Section 12b(iv) if applicable) and Page 20, Agency Organization (management alternate administrator), Page 1 (Sections 1, 3, 4, and 5), Page 2 (Section 9) and Page 20, Page 1 (Sections 1, 3, 4 and 5), Page 3 (Section 11), Page 4 and Page 20. Sec. 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. All entities and persons who have controlling/directional/governing/managing interest in owner/applicant. September 1, 2015. An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW; REFUND. You know that." Fill out the blanks in this section of the application completely. September 1, 2011. 1720), Sec. (j) Except as provided by Subsections (h) and (l), an on-site survey must be conducted within 18 months after a survey for an initial license. If the applicant is not a certified agency when the application for a license to provide certified home health services is filed, the applicant must establish that it is in the process of receiving its certification from the United States Department of Health and Human Services. 1 (S.B. 826 (H.B. 892, Sec. Acts 2015, 84th Leg., R.S., Ch. 2021. 1420, Sec. (d) After disposing of the controlled substance prescription drug, the employee shall document in the patient's record: (2) the dosage of the drug the patient was receiving; (3) the route of controlled substance prescription drug administration; (4) the quantity of the controlled substance prescription drug originally dispensed and the quantity of the drug remaining; and. At the end of the questions please click on the button to check your answers. This applies to a license holder who is an individual or a partnership comprised of individuals, all of whom are or were on active duty with the armed forces of the United States of America serving outside the state of Texas. (2) not later than 20 days after receipt of the order, send a copy of the order as signed by and received from the physician to the dispensing pharmacy. June 10, 2019. 8, eff. Fill out all the required information. September 1, 2015. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Please check yes or no on the application for each question. Subchapter B - http//wwwdadsstateus/handbooks/lshcssa/. HOME AND COMMUNITY SUPPORT SERVICES LICENSE. (a) The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004. 826 (H.B. 31, Sec. Before issuing a license, DADS considers the background including criminal history and qualifications of: Initial licensure applicants must meet certain criteria. This orientation must be provided in a form and manner that the resident can understand. This is section 2 on Form 2021. (c) Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 1989, 71st Leg., ch. According to 97.13, the presurvey conference CBT must be completed by the individuals below: The presurvey conference CBT is on the DADS website at http://www.dads.state.tx.us/providers/hcssa/cbt. When a transfer is (a) The department may issue a branch office license to a person who holds a license to provide home health or personal assistance services. (3) a statement of the right of the person to judicial review of the order. Amended by Acts 1991, 72nd Leg., ch. 3, eff. POWERS AND DUTIES. Sec. LICENSE REQUIRED. summary to ensure a safe and effective transition of care Admission, Transfer and Discharge Rights (483.15) . 276, Sec. Each provider must submit to the department documentation from the accrediting body indicating that the provider is accredited when the provider is applying for the initial license and annually when the license is renewed. The commission or its authorized representative shall investigate an allegation of abuse, neglect, or exploitation of a client of any age of a home and community support services agency if: (1) the abuse, neglect, or exploitation occurs when the client is receiving inpatient hospice services; and. 980 (H.B. (b) For purposes of this section, reasonable expenses and costs include expenses incurred by the department and the attorney general in the investigation, initiation, and prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses. Added by Acts 1997, 75th Leg., ch. If there is a gap in days between the transferring/discharging and receiving hospice, then a discharge from and readmit to the Medicare Hospice Benefit will have to take place. 142.0172. 4001), Sec. January 7, 2021 / 7:16 AM / CBS/AP. Added by Acts 1997, 75th Leg., ch. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond. resident, and does not base the discharge on the resident's status at the time of transfer to the acute care facility. Ensure the legal business entity shown in Section 3 matches the name on the tax documents, articles of incorporation or articles of organization, Submit a copy of the documentation from the NPI office and documentation from the IRS of the tax ID number. 63, eff. The executive commissioner may adopt rules to implement this subsection. 142.0025. DADS does not require an agency to admit a client under each category of service authorized under the license as a condition for renewal of the license. Do complete and furnish all documents and information that DADS requests in accordance with instructions provided with the application packet. Scroll over the image below for more information. 142.002. 142.003. 22-70 made a technical change in Subdiv. (a) The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, habilitation, or personal assistance services. Sept. 1, 1999. The agency must cease operation on the date the license expires if DADS does not receive a renewal application postmarked before the expiration date. 4, eff. Sept. 1, 1999. 4001), Sec. Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (b) A home and community support services agency that purchases, stores, or transports a vaccine or tuberculin under this section shall ensure that any standing order for the vaccine or tuberculin: (1) is signed and dated by the physician; (2) identifies the vaccine or tuberculin covered by the order; (3) indicates that the recipient of the vaccine or tuberculin has been assessed as an appropriate candidate to receive the vaccine or tuberculin and has been assessed for the absence of any contraindication; (4) indicates that appropriate procedures are established for responding to any negative reaction to the vaccine or tuberculin; and. WASHINGTONDemocratic congressional leaders called for President Trump to be removed from office while two cabinet officials resigned, a day after the Capitol was stormed by rioters encouraged by. 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