TX Health & Safety Code § 241.1865 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care|Section 241.1865. Waiver From Level of Care Designation Requirements; Conditional Designation

Sec. 241.1865.  WAIVER FROM LEVEL OF CARE DESIGNATION REQUIREMENTS; CONDITIONAL DESIGNATION.  (a)  The department shall develop and implement a process through which a hospital may request and enter into an agreement with the department to:(1)  receive or maintain a level of care designation for which the hospital does not meet all requirements conditioned on the hospital, in accordance with a plan approved by the department and outlined under the agreement, satisfying all requirements for the level of care designation within a time specified under the agreement, which may not exceed the first anniversary of the effective date of the agreement; or(2)  waive one specific requirement for a level of care designation in accordance with Subsection (c).(b)  The process developed and implemented under this section must:(1)  subject to Subdivision (2), allow a hospital to submit a written request under Subsection (a) at any time;(2)  require a hospital to:(A)  before submitting the request, provide notice of the hospital's intention to seek a waiver under this section to the hospital's medical staff who practice in a specialty service area affected by the waiver;(B)  provide the notice required by Paragraph (A) in accordance with the hospital's process for communicating information to medical staff; and(C)  document the provision of the notice required by Paragraph (A); and(3)  allow the department to make a determination on the request at any time.(c)  The department may enter into an agreement with a hospital to waive a requirement under Subsection (a)(2) only if the department determines the waiver is justified after considering:(1)  the expected impact on:(A)  the accessibility of care in the geographical area served by the hospital if the waiver is not granted; and(B)  quality of care and patient safety; or(2)  whether health care services related to the requirement can be provided through telemedicine medical services under Section 241.1835.(d)  A waiver agreement entered into under Subsection (a):(1)  must expire not later than at the end of each designation cycle but may be renewed on expiration by the department under the same or different terms; and(2)  may specify any conditions for ongoing reporting and monitoring during the agreement.(e)  A hospital that enters into a waiver agreement under Subsection (a) is required to satisfy all other requirements for a level of care designation that are not waived in the agreement.(f)  The department shall post on the department's Internet website and periodically update:(1)  a list of hospitals that enter into an agreement with the department under this section; and(2)  an aggregated list of the requirements conditionally met or waived in agreements entered into under this section.(g)  A hospital that enters into an agreement with the department under this section shall post on the hospital's Internet website the nature and general terms of the agreement.|Added by Acts 2019, 86th Leg., R.S., Ch. 600 (S.B. 749), Sec. 2, eff. June 10, 2019.|For expiration of Subsections (m) and (n), see Subsection (n).