Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 509.41 - Operational Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility shall have an identified
				  governing body fully responsible for organization, management, control, and
				  operation of the facility, including the appointment of the facility's medical
				  director. The medical director shall be board certified or board eligible in
				  emergency medicine, or board certified in primary care with at least two years
				  emergency care experience.
(b) The
				  governing body shall adopt, implement, and enforce written policies and
				  procedures for the total operation and all services provided by the
				  facility.
(c) The governing body is
				  responsible for all services furnished in the facility, whether furnished
				  directly or under contract. The governing body shall ensure services are
				  provided in a safe and effective manner that permits the facility to comply
				  with all applicable rules and standards.
(d) The governing body shall ensure the
				  medical staff has on file current written bylaws, rules, and regulations that
				  are adopted, implemented, and enforced.
(e) The governing body shall disclose all
				  owners of the facility to the Texas Health and Human Services Commission
				  (HHSC).
(f) The governing body
				  shall meet at least annually and keep minutes or other records necessary for
				  orderly conduct of the facility. Each meeting held by the facility governing
				  body shall be a separate meeting with separate minutes from any other governing
				  body meeting.
(g) If the governing
				  body elects, appoints, or employs officers and administrators to carry out its
				  directives, the governing body shall define the authority, responsibility, and
				  functions of all such positions.
(h) The governing body shall develop a
				  process for appointing or reappointing medical staff, and for assigning or
				  curtailing medical privileges.
(i)
				  The governing body shall provide (in a manner consistent with state law and
				  based on evidence of education, training, and current competence) for the
				  initial appointment, reappointment, and assignment or curtailment of privileges
				  and practice for non-physician health care personnel and
				  practitioners.
(j) The governing
				  body shall encourage personnel to participate in continuing education that is
				  relevant to their responsibilities within the facility.
(k) The governing body shall adopt,
				  implement, and enforce written policies to ensure compliance with applicable
				  state and federal laws.
(l) In
				  accordance with Texas Health and Safety Code §
										254.157
				  (relating to Certain Advertising Prohibited), a facility may not advertise or
				  hold itself out as a network provider, including by stating that the facility
				  "takes" or "accepts" any insurer, health maintenance organization, health
				  benefit plan, or health benefit plan network, unless the facility is a network
				  provider of a health benefit plan issuer.
(m) A facility may not post the name or logo
				  of a health benefit plan issuer in any signage or marketing materials if the
				  facility is an out-of-network provider for all of the issuer's health benefit
				  plans.
(n) A facility shall assess,
				  and the governing body shall review, patient satisfaction with services and
				  environment no less than annually.