reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter BB - NURSING FACILITY RESPONSIBILITIES RELATED TO PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Division 3 - NURSING FACILITY SPECIALIZED SERVICES FOR DESIGNATED RESIDENTS › Section 554.2754 - Requesting Authorization to Provide Durable Medical Equipment and Customized Manual Wheelchairs

Current through Reg. 49, No. 28; July 12, 2024
(a) To request
					 authorization to provide DME or a CMWC to a designated resident, a nursing
					 facility must ensure that a physical therapist or occupational therapist
					 licensed in Texas assesses the designated resident for the DME or CMWC. If,
					 based on the assessment, the physical or occupational therapist recommends DME
					 or a CMWC, the nursing facility must request authorization to provide the DME
					 or CMWC through the LTC Online Portal. The assessment required by this
					 subsection must be completed within 30 days before the nursing facility
					 requests authorization through the LTC Online Portal.
(b) The request for authorization to provide
					 DME or a CMWC made through the LTC Online Portal must include:
(1) the assessment of the designated resident
					 described in subsection (a) of this section;
(2) a statement signed by the designated
					 resident's attending physician that the DME or CMWC is medically necessary; and
(3) detailed specifications of the
					 DME or CMWC from a DME supplier.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter BB - NURSING FACILITY RESPONSIBILITIES RELATED TO PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Division 3 - NURSING FACILITY SPECIALIZED SERVICES FOR DESIGNATED RESIDENTS › Section 554.2755 - Payment for Durable Medical Equipment and Customized Manual Wheelchairs

Current through Reg. 49, No. 28; July 12, 2024
(a) A nursing
					 facility must fully explore and use other sources to pay for DME or a CMWC
					 before requesting payment from HHSC. If another funding source is available,
					 HHSC pays no more than the remaining balance after other sources have paid.
(b) HHSC pays a nursing facility
					 for an assessment for DME or a CMWC for a designated resident based on fees
					 determined in accordance with 1 TAC §
											355.313(relating
					 to Reimbursement Methodology for Rehabilitative and Specialized Services).
(1) HHSC pays for a DME or CMWC assessment at
					 the same rate as a therapy session.
(2) An occupational therapist or physical
					 therapist may assess a designated resident at any time to evaluate the needs of
					 the designated resident for DME or a CMWC, but HHSC does not pay for an
					 assessment of a designated resident conducted within 180 days after the
					 previous assessment of the designated resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter BB - NURSING FACILITY RESPONSIBILITIES RELATED TO PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Division 3 - NURSING FACILITY SPECIALIZED SERVICES FOR DESIGNATED RESIDENTS › Section 554.2756 - Administrative Requirements for Durable Medical Equipment and Customized Manual Wheelchairs

Current through Reg. 49, No. 28; July 12, 2024
(a) A nursing
					 facility must ensure that only the designated resident to whom DME or a CMWC
					 belongs uses the DME or CMWC. A nursing facility must identify the DME or CMWC
					 as the personal property of the designated resident.
(b) If the designated resident who was
					 provided DME or a CMWC is discharged from a nursing facility, the designated
					 resident retains the DME or CMWC.
(c) If a designated resident who was provided
					 DME or a CMWC dies, the DME or CMWC becomes property of the designated
					 resident's estate. As part of the estate, the DME or CMWC is subject to the
					 Medicaid Estate Recovery Program requirements in 1 TAC Chapter 373 (relating to
					 Medicaid Estate Recovery Program).
(d) If DME or a CMWC is donated or sold to a
					 nursing facility by a designated resident or the personal representative of a
					 designated resident's estate, the transaction must be documented in accordance
					 with § 554.416 of this chapter (relating to Personal Property).
(e) A modification, adjustment, or repair to
					 DME or a CMWC required within the first six months after delivery of the DME or
					 CMWC is the responsibility of the DME supplier. More than six months after
					 delivery of DME or a CMWC, a nursing facility must maintain and repair all
					 medically necessary equipment for a designated resident, including DME or a
					 CMWC obtained under this division, as required by § 554.2601(b)(8)(C) of
					 this chapter (relating to Vendor Payment (Items and Services Included)).
(f) A nursing facility must submit
					 a request to replace DME or a CMWC of a designated resident in the same manner
					 as a request for the authorization to provide DME or a CMWC to a designated
					 resident. HHSC does not approve a request to replace a CMWC made within five
					 years after a CMWC was purchased for the designated resident, unless the
					 request includes:
(1) an order from the
					 designated resident's attending physician; and
(2) an assessment by an occupational
					 therapist or physical therapist licensed in Texas, with documentation
					 explaining why the designated resident's current CMWC no longer meets the
					 designated resident's needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter A - GENERAL INFORMATION › Section 555.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements the provisions of the Texas Health
					 and Safety Code, Chapter 242, Subchapter I, Nursing Facility Administration,
					 which concern licensing nursing facility administrators in the state of
					 Texas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter A - GENERAL INFORMATION › Section 555.3 - Schedule of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC charges the
				  following administrative and licensure fees:
(1) application--$100;
(2) initial license--$250;
(3) provisional license--$250;
(4) renewal--$250 every two years when the
				  license is renewed on or before the date the license expires;
(5) late renewal fees for license renewals
				  made after the license expires:
(A) $375 for
				  an expired license renewed during the first 90 days after the license expires;
				  and
(B) $500 for an expired license
				  renewed between 91 and 365 days after the license expires;
(6) formal inactive status--$250;
(7) reinstatement of licensure--$500;
				  and
(8) duplicate
				  license--$25.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.11 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsections (b) and (c) of this section, an applicant seeking
				  licensure must submit to the Texas Health and Human Services Commission (HHSC):
(1) a complete Nursing Facility
				  Administrator's Application for Licensure form;
(2) the application fee;
(3) fingerprints for a Texas Department of
				  Public Safety criminal background check;
(4) an official transcript reflecting a
				  baccalaureate degree from a college or university accredited by an agency
				  recognized by the Texas Higher Education Coordinating Board;
(5) if not a part of the transcript
				  reflecting a baccalaureate degree, another transcript reflecting 12 semester
				  credit hours in long-term care administration, or its equivalent, that include
				  the four domains of the National Association of Long Term Care Administrator
				  Boards; and
(6) proof of completing
				  the minimum applicable internship that meets the internship requirements in
				  §
											555.13 of this subchapter
				  (relating to Internship Requirements).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.12 - Licensure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must meet one of the
				  following groups of requirements to obtain a license as a nursing facility
				  administrator (NFA).
(1) An applicant has a
				  baccalaureate degree in any subject from a college or university accredited by
				  an agency recognized by the Texas Higher Education Coordinating Board; and
(A) a minimum of 12 semester credit hours in
				  long-term care administration, or its equivalent, that includes courses in the
				  four domains of the National Association of Long Term Care Administrator Boards
				  (NAB);
(B) completed a 1,000-hour
				  internship that meets the requirements in §
												555.13 of this subchapter
				  (relating to Internship Requirements); and
(C) passed the state and NAB examinations
				  described in §
												555.18 of this subchapter
				  (relating to Examinations and Requirements to Take the Examinations).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.13 - Internship Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) or (c) of this section, an applicant must complete
				  an internship that meets the following requirements.
(1) Before an applicant starts the
				  internship, the applicant and the applicant's preceptor must complete a Texas
				  Health and Human Services (HHSC) internship application.
(2) The internship must be in a nursing
				  facility.
(3) A minimum of half of
				  the internship hours must be during traditional business hours.
(4) The administrator-in-training (AIT) can
				  train no more than 40 hours a week.
(5) If the internship is completed with a
				  nursing facility administrator (NFA) not associated with a university as the
				  preceptor, the AIT must complete a preceptor performance report. Additionally,
				  the preceptor must complete an AIT final report.
(6) An AIT must complete an HHSC course in
				  Infection Control and Personal Protective Equipment.
(7) If the internship is completed with an
				  NFA associated with a university accredited by an agency recognized by the
				  Texas Higher Education Coordinating Board as the preceptor, the AIT must submit
				  an official transcript to HHSC.
(8)
				  The internship must be completed at the same facility at which the AIT's
				  preceptor serves as NFA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.14 - Preceptor Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  seeking to sponsor an administrator-in-training (AIT) must:
(1) have a preceptor certification as
				  provided in § 555.15 of this subchapter (relating to Preceptor
				  Certification); and
(2) obtain
				  approval from the Texas Health and Human Services Commission (HHSC) to sponsor
				  an AIT.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.15 - Preceptor Certification

Current through Reg. 49, No. 28; July 12, 2024
HHSC may issue a preceptor certification to a nursing
					 facility administrator (NFA) who submits:
(1) proof of license or registration in good
				  standing as an NFA for a minimum of five years, with the two most recent years
				  in Texas;
(2) proof of completed
				  Texas Health and Human Services approved preceptor training; and
(3) a completed preceptor
				  application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.16 - Preceptor Certification Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To continue acting as a preceptor, a licensee must renew a preceptor
				  certification every two years.
(b)
				  A licensee seeking to renew a preceptor certification must submit to HHSC:
(1) proof of license or registration as a
				  nursing facility administrator for a minimum of five years, with the two most
				  recent years in Texas;
(2) proof of
				  completed Texas Health and Human Services approved preceptor training;
				  and
(3) a completed preceptor
				  application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.17 - Preceptor Denial of Certification Renewal

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services may deny an application
					 for a preceptor certification or a preceptor certification renewal for the
					 following reasons:
(1) the preceptor
				  committed a violation listed in § 555.54 of this chapter (relating to Rule
				  or Statutory Violations); or
(2)
				  the preceptor was convicted of a crime listed in § 555.41 of this chapter
				  (relating to Licensure of Persons with Criminal Backgrounds).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter B - REQUIREMENTS FOR LICENSURE › Section 555.18 - Examinations and Requirements to Take the Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, an applicant seeking a license as a
				  nursing facility administrator (NFA) from the Texas Health and Human Services
				  Commission (HHSC) must pass the following examinations:
(1) the state examination on nursing facility
				  requirements in Texas; and
(2) the
				  NAB examinations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.31 - Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
				  and Human Services Commission (HHSC) issues a license certificate to an
				  applicant who:
(1) receives a passing score on
				  the state and National Association of Long Term Care Administrator Boards
				  examinations;
(2) submits the
				  initial license fee to HHSC; and
(3) does not have a criminal history that
				  HHSC determines is a basis for denying the license under § 555.41 of this
				  subchapter (relating to Licensure of Persons with Criminal
				  Backgrounds).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.32 - Provisional License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				  Commission (HHSC) issues a provisional license to an applicant currently
				  licensed or registered as a nursing facility administrator (NFA) in another
				  state who submits the following to HHSC:
(1)
				  complete and notarized Provisional Licensure Questionnaire and Nursing Facility
				  Administrator License Application forms;
(2) the application fee;
(3) the provisional license fee;
				  and
(4) proof of the following:
(A) a license and good standing status in
				  another state;
(B) employment for
				  at least one year as an administrator of record of a nursing facility in
				  applicant's state;
(C) a passing
				  score on the National Association of Long Term Care Administrator Boards
				  examination and the state examination; and
(D) sponsorship by an NFA licensed by HHSC
				  and who is in good standing, unless HHSC waives sponsorship based on a
				  demonstrated hardship.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.33 - Duplicate License

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC)
					 replaces lost, damaged, or destroyed license certificates for a licensee who
					 submits a notarized Data Change/Duplicate License Request form and duplicate
					 license fee to HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.34 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
				  and Human Services Commission (HHSC) notifies a licensee of the license
				  expiration date and renewal requirements at least 31 days before the license
				  expires.
(b) A licensee who does
				  not receive a renewal notice must renew the license before the license
				  expires.
(c) A licensee seeking
				  renewal must submit the following to HHSC, on or before the date the license
				  expires:
(1) a complete License Renewal
				  form;
(2) the renewal
				  fee;
(3) proof of completion of 40
				  hours of continuing education, as required by § 555.35 of this subchapter
				  (relating to Continuing Education Requirements for License Renewal);
				  and
(4) fingerprints for a Texas
				  Department of Public Safety criminal conviction report and fingerprint
				  card.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.35 - Continuing Education Requirements for License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) The 40 hours of
				  continuing education required for license renewal must:
(1) be completed during the previous two-year
				  licensure period;
(2) include one
				  or more of the four domains of the National Association of Long Term Care
				  Administrator Boards (NAB);
(3)
				  include a Texas Health and Human Services Commission (HHSC) course in Infection
				  Control and personal protective equipment;
(4) include at least six hours of continuing
				  education in ethics; and
(5) be:
(A) approved by the National Continuing
				  Education Review Service;
(B) a
				  HHSC-sponsored event; or
(C) an
				  upper-division semester credit course taken or taught at a post-secondary
				  institution of higher education accredited by an agency recognized by the Texas
				  Higher Education Coordinating Board.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.36 - Late Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A former
				  licensee has up to one year after the expiration date of a license to renew the
				  license by:
(1) completing a license renewal
				  application;
(2) completing 40
				  hours of continuing education as provided in § 555.35 of this subchapter
				  (relating to Continuing Education Requirements for License Renewal);
				  and
(3) submitting the following
				  fee to the Texas Health and Human Services Commission (HHSC) :
(A) a $375 late renewal fee for a license
				  that has been expired for 90 days or less; or
(B) a $500 late renewal fee for a license
				  that has been expired for 91 days to 365 days.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.37 - Denial of License Renewal

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC) may
					 deny an application for license renewal based on either of the
					 following:
(1) the licensee committed a
				  violation listed in § 555.54 of this chapter (relating to Rule or
				  Statutory Violations); or
(2) the
				  licensee has a criminal history that HHSC determines is a basis for denying the
				  license renewal under § 555.41 of this subchapter (relating to Licensure
				  of Persons with Criminal Backgrounds).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.38 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				  place a license in a formal inactive status with the Texas Health and Human
				  Services Commission (HHSC) for up to two renewal periods.
(b) To place a license in a formal inactive
				  status, the licensee submits the following to HHSC on or before the date the
				  license expires:
(1) a completed Inactive
				  Status Application form; and
(2)
				  the formal inactive status fee.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.39 - Voluntary Surrender of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensee may voluntarily surrender a license by returning the license
				  certificate to the Texas Health and Human Services Commission (HHSC).
(b) A licensee who voluntarily surrenders a
				  license while under investigation for a violation of licensure requirements may
				  still receive:
(1) a written reprimand;
				  or
(2) an administrative
				  penalty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.40 - Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
An applicant who previously was licensed and in good
					 standing in Texas may obtain a new license without taking the examination
					 required by § 555.18 of this chapter (relating to Examinations and
					 Requirements to Take the Examinations) if the applicant :
(1) is licensed in good standing in another
				  state;
(2) practiced in that state
				  for at least the preceding two years before the date of the current licensure
				  application; and
(3) pays the Texas
				  Health and Human Services a reactivation fee.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.41 - Licensure of Persons with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to subsection (f) of this
				  section, the Texas Health and Human Services Commission (HHSC) may disqualify
				  an applicant or licensee from taking an examination required by § 555.18
				  of this chapter (relating to Examinations and Requirements to Take the
				  Examinations), may deny an initial or renewal application for licensure, or
				  impose a sanction listed in § 555.57 of this chapter (relating to Schedule
				  of Sanctions) if the applicant or licensee has been convicted of:
(1) an offense that directly relates to the
				  duties and responsibilities of a nursing facility administrator
				  (NFA);
(2) an offense listed in
				  Article
				  42A.054,
				  Code of Criminal Procedure; or
(3)
				  a sexually violent offense, as defined by Article
				  62.001, Code of
				  Criminal Procedure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter C - LICENSES › Section 555.42 - Alternate Licensing Requirements for Military Service Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Fee waiver based on military experience.
(1) The Texas Health and Human Services
				  Commission (HHSC) waives the application fee described in § 555.11(a)(2)
				  of this chapter (relating to Application Requirements) and the initial license
				  fee described in § 555.31(a)(2) of this chapter (relating to Initial
				  License) for an applicant if HHSC receives and approves a request for a waiver
				  of fees from the applicant in accordance with this subsection.
(2) To request a waiver of fees under this
				  subsection, an applicant must submit a written request for a waiver with the
				  applicant's initial license application submitted to HHSC in accordance with
				  § 555.11 of this chapter. The applicant must include with the request:
(A) documentation of the applicant's status
				  as a military service member or military veteran that is acceptable to HHSC;
				  and
(B) documentation of the type
				  and dates of the service, training, and education the applicant received, and
				  an explanation as to why the applicant's military service, training, or
				  education substantially meets all of the requirements for licensure under this
				  chapter.
(3)
				  Documentation of military status that is acceptable to HHSC includes:
(A) for status as a military service member,
				  a copy of a current military service order issued to the applicant by the armed
				  forces of the United States, the State of Texas, or another state;
				  and
(B) for status as a military
				  veteran, a copy of a military service discharge order issued to the applicant
				  by the armed forces of the United States, the State of Texas, or another
				  state.
(4) If HHSC
				  requests additional documentation, the applicant must submit the requested
				  documentation.
(5) HHSC approves a
				  request for a waiver of fees submitted in accordance with this subsection if
				  HHSC determines that the applicant is a military service member or a military
				  veteran and the applicant's military service, training, or education
				  substantially meets all of the requirements for licensure under this
				  chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS › Section 555.51 - Referral and Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Health and Human Services Commission (HHSC) receives and investigates
				  referrals and complaints.
(b)
				  Persons wanting to file a complaint against a licensee may contact HHSC by :
(1) calling HHSC at the telephone numbers on
				  the HHSC website;
(2) emailing the
				  complaint to HHSC using the email address on the HHSC website;
(3) faxing the complaint to HHSC using the
				  fax number on the HHSC website; or
(4) mailing the complaint to HHSC at the
				  mailing address on the HHSC website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS › Section 555.52 - Informal Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the Texas
				  Health and Human Services Commission (HHSC) initiates proceedings to revoke a
				  license, suspend a license, or deny a license renewal, HHSC gives a licensee:
(1) a description of the alleged rule
				  violation warranting the proposed sanction; and
(2) the option to:
(A) request an informal review to demonstrate
				  that the licensee did not violate nursing facility administrator (NFA)
				  licensure rules or commit the alleged violation; or
(B) request a formal hearing; or
(C) accept the sanction.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS › Section 555.53 - Formal Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) gives a licensee a formal hearing
				  notice if:
(1) HHSC proposes a sanction;
				  or
(2) HHSC upholds or modifies a
				  proposed sanction after an informal review, in accordance with § 555.52 of
				  this subchapter (relating to Informal Reviews).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS › Section 555.54 - Rule or Statutory Violations

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC) may
					 impose a sanction listed in § 555.57 of this subchapter (relating to
					 Schedule of Sanctions) against a licensee on proof of any of the following
					 grounds :
(1) the licensee willfully or
				  repeatedly violated a provision of Texas Health and Safety Code, Chapter 242,
				  or a rule in this chapter;
(2) the
				  licensee willfully or repeatedly acted in a manner inconsistent with the health
				  and safety of the residents of a nursing facility of which the licensee is a
				  nursing facility administrator (NFA);
(3) the licensee obtained or attempted to
				  obtain a license through misrepresentation or deceit or by making a material
				  misstatement of fact on a license application;
(4) the licensee's use of alcohol or drugs
				  creates a hazard to the residents of a facility;
(5) a judgment of a court of competent
				  jurisdiction finds that the licensee lacks capacity under the laws of Texas
				  ;
(6) the licensee has been
				  convicted in a court of competent jurisdiction of a misdemeanor or felony
				  involving moral turpitude;
(7) the
				  licensee has been convicted in a court of competent jurisdiction of an offense
				  listed in § 555.41(c) of this chapter (relating to Licensure of Persons
				  with Criminal Backgrounds);
(8) the
				  licensee has been negligent or incompetent in the licensee's duties as an NFA
				  ;
(9) the licensee had an NFA
				  license revoked in another jurisdiction; or
(10) the licensee did not comply with the
				  terms of a sanction or settlement agreement with HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS › Section 555.56 - Violations by Unlicensed Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person with an expired license must not engage in activities that require a
				  license.
(b) A person practicing as
				  a licensed nursing facility administrator after license expiration:
(1) commits an offense punishable as a Class
				  B misdemeanor;
(2) is subject to
				  local criminal prosecution; and
(3)
				  may be referred to the Office of Attorney General for civil penalties not to
				  exceed $1,000 per violation per day for each day the violation
				  continues.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS › Section 555.57 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) may impose one or more of the
				  following sanctions against a licensee for a violation listed in § 555.54
				  of this subchapter (relating to Rule or Statutory Violations) or § 555.55
				  of this subchapter (relating to Violations of Standards of Conduct):
(1) license revocation;
(2) license suspension;
(3) denial of application for license
				  renewal;
(4) assessment of an
				  administrative penalty;
(5) written
				  letter of reprimand;
(6)
				  participation in continuing education;
(7) probation;
(8) denial of preceptor's initial or renewal
				  application; or
(9) revocation of
				  preceptor status.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.1 - Basis

Current through Reg. 49, No. 28; July 12, 2024
The chapter implements the requirements for training and
				  evaluating the competency of nurse aides employed in nursing facilities that
				  participate in Medicaid, Medicare, or both, and for maintaining a registry of
				  nurse aides, required by § 1819(b)(5) and § 1919(b)(5) of the Social
				  Security Act; the Code of Federal Regulations, Title 42, §§
				  483.150-483.154; and Texas Health and Safety Code, Chapter
				  250.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.3 - NATCEP Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To train nurse aides, a
										nursing facility must apply for and obtain approval from HHSC to offer a NATCEP or contract with another
										entity offering a NATCEP. The nursing facility must participate in Medicare, Medicaid, or both, to apply for
										approval to be a NATCEP.
(b) A person who wants to offer a NATCEP
										must file a complete NATCEP application with HHSC.
(c) A person
										applying to offer a NATCEP must submit a separate NATCEP application for each location at which training is
										delivered or administered.
(d) A NATCEP application must identify
										one or more facilities that the NATCEP uses as a clinical site. The clinical site must have all necessary
										equipment needed to practice and perform skills training.
(e) A
										NATCEP may offer clinical training hours in a laboratory setting under the following circumstances:
(1) no appropriate and qualified clinical site is located within 20 miles
										of the location of the NATCEP; or
(2) HHSC has determined that
										clinical training provided in a facility poses a risk to an individual's health or safety based on the
										existence of a disaster declared at the federal or state level. A NATCEP must request the ability to complete
										clinical training hours in a laboratory setting under the circumstances described in subsection (e)(1) of
										this section. HHSC will alert the public of the availability of laboratory training under the circumstances
										described in subsection (e)(2) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.4 - Filing and Processing an Application for a Nurse Aide Training and Competency Evaluation Program (NATCEP)

Current through Reg. 49, No. 28; July 12, 2024
(a) A person that wants to offer a NATCEP
				must complete a NATCEP application on forms prescribed by HHSC and submit the
				application to HHSC.
(b) HHSC
				determines whether to approve or deny the NATCEP application.
(c) Within 90 days after HHSC receives a
				complete NATCEP application, HHSC notifies a NATCEP applicant of approval or
				proposed denial of a NATCEP application, or notifies the applicant of a
				deficiency or error in accordance with subsection (d) of this section. If HHSC
				proposes to deny the application due to the applicant's noncompliance with the
				requirements of the Act or this chapter, HHSC provides the reason for the
				denial in the notice.
(d) If HHSC
				finds a deficiency or error in a NATCEP application, HHSC notifies the
				applicant in writing of the deficiency or error and gives the applicant an
				opportunity to correct the deficiency or error. The applicant must submit the
				additional or corrected information to HHSC, in writing, within 10 days after
				the applicant receives notice of the deficiency or error.
(e) If HHSC proposes to deny a NATCEP
				application based on the NATCEP's failure to comply with § 556.3 of this
				chapter (relating to Nurse Aide Training and Competency Evaluation Program
				(NATCEP) Requirements), or § 556.7 of this chapter (relating to Review and
				Reapproval of a Nurse Aide Training and Competency Evaluation Program
				(NATCEP)), the applicant may request a hearing to challenge the denial. A
				hearing is governed by 1 Texas Administrative Code (TAC) Chapter 357,
				Subchapter I (relating to Hearings Under the Administrative Procedure Act), and
				40 TAC Chapter 91 (relating to Hearings Under the Administrative Procedure
				Act). 1 TAC §
									357.484(relating
				to Request for a Hearing) requires a hearing to be requested in writing within
				15 days after the date the notice is received by the applicant. If an applicant
				does not make a timely request for a hearing, the applicant waives a hearing
				and HHSC may deny the NATCEP application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.5 - Program Director, Program Instructor, Supplemental Trainers, and Skills Examiner Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A NATCEP must have an approved program
										director and program instructor to provide training.
(1) Training of
										trainees must be performed by or under the general supervision of a registered nurse (RN) who has a minimum
										of two years of nursing experience, at least one year of which must be in a nursing facility.
(2) An applicant for a NATCEP must certify on the NATCEP application that
										the NATCEP meets the requirements in paragraph (1) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.6 - Competency Evaluation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Only HHSC, or an entity HHSC approves, may provide a competency evaluation,
				which must be administered by a skills examiner at an approved evaluation
				site.
(b) A trainee is eligible to
				take a competency evaluation if the trainee has successfully completed the
				training portion of a NATCEP, as determined by the program director, or is
				eligible under §
									556.11
				of this chapter (relating to Waiver, Reciprocity, and Exemption
				Requirements).
(c) If a trainee
				cannot take a competency evaluation at the NATCEP location where the trainee
				received training, the trainee may take a competency evaluation at another
				location approved to offer the evaluation.
(d) An eligible trainee must obtain from the
				program director a signed competency evaluation application and a certificate
				or letter of completion of training. The trainee must arrange to take the
				competency evaluation at an approved location and must follow the instructions
				on the competency evaluation application.
(e) A NATCEP must:
(1) promptly, after one of its trainees
				successfully completes the NATCEP training, approve the trainee to take a
				competency evaluation;
(2) provide
				the trainee with information regarding scheduling a competency evaluation;
				and
(3) ensure that the trainee
				accurately completes the competency evaluation applications.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.7 - Review and Reapproval of a Nurse Aide Training and Competency Evaluation Program (NATCEP)

Current through Reg. 49, No. 28; July 12, 2024
(a) A NATCEP must
				apply to have its approval renewed every two years. HHSC sends a notice of
				renewal to a NATCEP at least 60 days before the expiration date of an
				approval.
(b) A NATCEP must submit
				a NATCEP application at least 30 days before the expiration date of an
				approval. If a NATCEP does not file an application to renew an approval at
				least 30 days before the expiration of the approval, the approval
				expires.
(c) HHSC uses the results
				of an on-site or off-site visit to determine NATCEP compliance with the Act and
				this chapter and to decide whether to renew the approval of a NATCEP.
(d) HHSC may conduct an on-site or off-site
				review of a NATCEP at any reasonable time.
(e) HHSC provides written notification to a
				NATCEP of deficiencies found during an on-site or off-site review.
(1) If a NATCEP receives a notification of
				deficiencies from HHSC, the NATCEP must submit a written response to HHSC,
				which must include a plan of correction (POC) to correct all
				deficiencies.
(2) HHSC may direct a
				NATCEP to comply with the requirements of the Act and this chapter.
(3) HHSC may not renew the approval of a
				NATCEP that does not meet the requirements of the Act and this chapter by
				failing to provide an adequate POC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.8 - Withdrawal of Approval of a NATCEP

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
										immediately withdraws approval of a facility-based NATCEP if the nursing facility where the NATCEP is offered
										has:
(1) been granted a waiver concerning the services of an RN under
										§1819(b)(4)(C)(ii)(II) or §1919(b)(4)(C)(i)-(ii) of the Act;
(2) been subject to an extended (or partially extended) survey under
										§1819(g)(2)(B)(i) or §1919(g)(2)(B)(i) of the Act;
(3)
										been assessed a civil money penalty of not less than $5,000, as adjusted annually under 45 Code of Federal
										Regulations (CFR), Part 102, for deficiencies in nursing facility standards, as described in
										§1819(h)(2)(B)(ii) or §1919(h)(2)(A)(ii) of the Act;
(4) been subject to denial of payment under Title XVIII or Title XIX of the
										Act;
(5) operated under state-appointed or federally appointed
										temporary management to oversee the operation of the facility under §1819(h) or §1919(h) of the
										Act;
(6) had its participation agreement terminated under
										§1819(h)(4) or §1919(h)(1)(B)(i) of the Social Security Act;
(7) pursuant to state action, closed or had its residents transferred under
										§1919(h)(2); or
(8) refused to permit unannounced visits by
										HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.9 - Certificate of Registration, Nurse Aide Registry, and Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC is the agency responsible for
				issuing individuals a certificate of registration and listing them on the
				NAR.
(b) To be issued a certificate
				of registration and be listed on the NAR as having active status, a nurse aide
				must successfully complete a NATCEP, as described in §
									556.6(i)
				of this chapter (relating to Competency Evaluation Requirements).
(c) HHSC does not charge a fee to issue the
				certificate of registration or list a nurse aide on the NAR or to renew the
				certificate of registration and the nurse aide's listing of active status on
				the NAR.
(d) A nurse aide listed on
				the NAR must inform HHSC of the nurse aide's current address and telephone
				number.
(e) The certificate of
				registration and the listing of active status on the NAR expires 24 months
				after the certificate of registration was issued and the nurse aide was listed
				on the NAR or 24 months after the last date of verified employment as a nurse
				aide, whichever is earlier. To renew the certificate of registration and active
				status on the NAR, the following requirements must be met:
(1) A nursing facility must submit a HHSC
				Employment Verification form to HHSC that documents that the nurse aide has
				performed paid nursing or nursing-related services at the nursing facility
				during the preceding year.
(2) A
				nurse aide must submit a HHSC Employment Verification form to HHSC to document
				that the nurse aide has performed paid nursing or nursing-related services, if
				documentation is not submitted in accordance with paragraph (1) of this
				subsection by the nursing facility or facilities where the nurse aide was
				employed.
(3) A nurse aide must
				complete an HHSC course in infection control and proper use of PPE every
				year.
(4) A nurse aide must
				complete at least 24 hours of in-service education every two years. The
				in-service education must include training in geriatrics and the care of
				residents with a dementia disorder, including Alzheimer's disease. The
				in-service education must be provided by:
(A)
				a nursing facility;
(B) an approved
				NATCEP;
(C) HHSC; or
(D) a healthcare entity, other than a nursing
				facility, licensed or certified by HHSC, the Texas Department of State Health
				Services, or the Texas Board of Nursing.
(5) No more than 12 hours of the in-service
				education required by paragraph (4) of this subsection may be provided by an
				entity described in paragraph (4)(D) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.10 - Expiration of the Certificate of Registration and Active Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A nurse aide's certificate of
				registration and status on the NAR is changed to expired if:
(1) the nurse aide has not performed
				nursing-related services or acted as a nurse aide for monetary compensation for
				24 consecutive months; or
(2)
				effective September 1, 2013, the nurse aide has not completed 24 hours of
				in-service education during the preceding two years.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.11 - Waiver, Reciprocity, and Exemption Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may waive the requirement for a
				nurse aide to take the NATCEP specified in §
									556.3
				of this chapter (relating to Nurse Aide Training and Competency Evaluation
				Program (NATCEP) Requirements) and issue a certificate of registration and
				place a nurse aide on the NAR on active status if the nurse aide:
(1) submits proof of completing a nurse aide
				training course of at least 100 hours duration before July 1, 1989;
(2) submits a HHSC Employment Verification
				form to HHSC to document that the nurse aide performed nursing or
				nursing-related services for monetary compensation at least once every two
				years since July 1, 1989;
(3) is
				not listed as unemployable on the EMR;
(4) has not been convicted of a criminal
				offense listed in Texas Health and Safety Code (THSC), §250.006(a), or
				convicted of a criminal offense listed in THSC, §250.006(b) within the
				preceding five years; and
(5)
				completes the HHSC Waiver of Nurse Aide Training and Competency Evaluation
				Program form.