reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter F - INSPECTIONS, SURVEYS, AND VISITS › Section 551.192 - Determinations and Actions Pursuant to Inspections, Surveys, or Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Health
				  and Human Services Commission (HHSC) will determine if a facility meets
				  licensure requirements through inspections, surveys, and
				  investigations.
(b) During an
				  investigation resulting from a complaint, HHSC does not disclose the source of
				  the complaint.
(c) At the
				  conclusion of an inspection, survey, or investigation, a representative of HHSC
				  holds an exit conference with a representative of the facility and provides the
				  facility representative a written list of preliminary findings.
(d) If HHSC cites additional violations
				  during a review of field notes or preparation of the official final statement
				  of licensing violations, HHSC:
(1)
				  communicates the additional violations to the facility in writing within ten
				  working days after the exit conference; and
(2) gives the facility an additional
				  face-to-face exit conference regarding the additional violations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter G - ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 551.212 - Reporting Abuse, Neglect, and Exploitation to DFPS

Current through Reg. 49, No. 28; July 12, 2024
(a) A person, including a facility owner or
				  employee, who has cause to believe that a resident of a facility has been or is
				  being subjected to physical abuse, sexual abuse, sexual exploitation, verbal or
				  emotional abuse, neglect, or exploitation, as those terms are defined in
				  Chapter 711 of this title (relating to Investigations of Individuals Receiving
				  Services from Certain Providers), by a person other than a resident of the
				  facility, must report the alleged abuse, neglect, or exploitation to the Texas
				  Department of Family and Protective Services (DFPS), as required by Chapter 711
				  of this title (relating to Investigations of Individuals Receiving Services
				  from Certain Providers), by calling 1-800-647-7418.
(b) If the person making the report is not an
				  employee of the facility, such as a resident or visitor, facility staff must
				  assist the person in making the report, if necessary.
(c) The facility must assist an HHSC
				  investigator by preserving and safeguarding evidence of the alleged abuse,
				  neglect, or exploitation and by ensuring that facility employees are made
				  available upon request by the investigator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter G - ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 551.213 - Reporting Incidents to HHSC

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In this section, serious physical injury is defined as in Chapter 711 of this
				  title (relating to Investigations of Individuals Receiving Services from
				  Certain Providers).
(b) A facility
				  must report any of the following incidents to HHSC's Complaint and Incident
				  Intake Section at 1-800-458-9858 within one hour after suspecting or learning
				  of the incident:
(1) alleged (Class I)
				  physical abuse of a resident, as defined in Chapter 711 of this title, that
				  caused or may have caused serious physical injury;
(2) alleged (Class I) sexual abuse of a
				  resident, as defined in Chapter 711 of this title;
(3) sexual activity between residents
				  resulting from coercion, physical force, or taking advantage of the disability
				  of a resident;
(4) sexual activity
				  involving a resident less than 18 years of age;
(5) the pregnancy of a resident;
(6) resident-to-resident aggression that
				  results in serious physical injury;
(7) the death of a resident; and
(8) a resident whose location has been
				  unknown by the facility for more than eight hours or less than eight hours if
				  there are circumstances that place the resident's health or safety at
				  risk.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter G - ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 551.214 - Protection of Residents After Report of Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility must
				  ensure that physical and emotional care is provided to an alleged victim of
				  abuse, neglect, or exploitation immediately but in no case more than one hour
				  after the facility makes or learns of an allegation of abuse, neglect, or
				  exploitation, and must ensure that such care is continued as needed.
(b) The facility must take measures to
				  protect the rights and safety of the alleged victim and other residents of the
				  facility after the facility makes or learns of an allegation of abuse, neglect,
				  or exploitation, including immediately preventing the alleged perpetrator from
				  having contact with residents.
(c)
				  If the alleged perpetrator is not an employee of the facility and the alleged
				  abuse, neglect, or exploitation occurred away from the facility premises, the
				  facility must convene the interdisciplinary team (IDT) of the alleged victim to
				  address the alleged perpetrator's access to the alleged victim while an
				  investigation is being conducted. If the IDT recommends that a restriction be
				  placed on an alleged perpetrator's access to the alleged victim, the facility's
				  specially constituted committee must review and approve the restriction before
				  it is implemented, and the facility must document the restriction in the
				  alleged victim's record.
(d) Within
				  24 hours of making or learning of an allegation of abuse, neglect, or
				  exploitation, the facility must notify the alleged victim and the victim's
				  legally authorized representative (LAR) that an allegation of abuse, neglect,
				  or exploitation involving the victim has been made and reported. If the
				  facility cannot notify the LAR in person or by phone, the facility must notify
				  the LAR by certified mail with a return receipt requested.
(e) If the Texas Health and Human Services
				  Commission confirms an allegation of abuse, neglect, or exploitation against an
				  employee of a facility, the facility must take prompt and appropriate
				  disciplinary action against the employee.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter G - ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 551.215 - Employee Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  must require an employee of the facility to sign a statement:
(1) acknowledging that the employee may be
				  criminally liable for failure to report suspected abuse, neglect, or
				  exploitation; and
(2) acknowledging
				  the employee's rights under Texas Health and Safety Code §
											252.132
				  (relating to Suit for Retaliation), which states that an employee has a cause
				  of action against a facility, the owner of a facility, or another employee of a
				  facility that suspends or terminates the employment of the employee or
				  otherwise disciplines, discriminates against, or retaliates against the
				  employee for:
(A) reporting to the employee's
				  supervisor, an administrator of the facility, a state regulatory agency, or a
				  law enforcement agency, a violation of law, including a violation of Texas
				  Health and Safety Code, Chapter 252, or a rule adopted under that chapter;
				  or
(B) initiating or cooperating in
				  any investigation or proceeding of a governmental entity relating to the care,
				  services, or conditions at the facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.231 - Warning Letter

Current through Reg. 49, No. 28; July 12, 2024
When Texas Health and Human Services Commission (HHSC)
					 staff determine that a facility is out of compliance with licensure rules to a
					 degree that places the facility at risk of the imposition of licensing actions,
					 HHSC may send a warning letter to the facility. The warning letter notifies the
					 facility that the violations of licensing rules must be
					 corrected.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.232 - License Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) may suspend a facility's license
				  when the facility's violation of the licensure rules threatens to jeopardize
				  the health and safety of the residents.
(b) Suspension of a license may occur
				  simultaneously with any other enforcement provision available to HHSC
				  .
(c) The facility will be notified
				  by certified mail of HHSC's intent to suspend the license, including the facts
				  or conduct alleged to warrant the suspension. The facility has an opportunity
				  to show compliance with all requirements of law for the retention of the
				  license as provided in § 551.18 of this chapter (relating to Informal
				  Reconsideration). If the facility requests an informal reconsideration, HHSC
				  will give the license holder a written affirmation or reversal of the proposed
				  action.
(d) The facility will be
				  notified by certified mail of HHSC's suspension of the facility's license. The
				  facility has 15 days from receipt of the certified mail notice to request a
				  hearing in accordance with 1 TAC §
										357.484(relating
				  to Request for a Hearing ). The suspension will take effect when the deadline
				  for appeal of the suspension passes, unless the facility appeals the
				  suspension. If the facility appeals the suspension, the status of the license
				  holder is preserved until final disposition of the contested matter.
(e) The suspension will remain in effect
				  until HHSC determines that the reason for suspension no longer exists. HHSC
				  will conduct an on-site investigation prior to making a determination. During
				  the suspension, the license holder must return the license to HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.233 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) may revoke a facility's license
				  when:
(1) the facility's violation of the
				  licensure rules jeopardizes the health and safety of the residents;
				  or
(2) the facility has violated
				  the requirements of Texas Health and Safety Code, Chapter 252, or the rules
				  adopted under that chapter, in either a repeated or substantial
				  manner.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.234 - Emergency License Suspension and Closing Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				  Commission (HHSC) may suspend a facility's license or order an immediate
				  closing of part of the facility if:
(1) HHSC
				  finds that the facility is operating in violation of the licensure rules;
				  and
(2) the violation creates an
				  immediate threat to the health and safety of a resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.235 - Referral to the Attorney General

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				  Commission (HHSC) may petition a district court for a temporary restraining
				  order to restrain a person from continuing a violation of the standards
				  prescribed by this chapter if HHSC finds that the violation threatens the
				  health and safety of a resident.
(b) A district court, on petition by HHSC,
				  may by injunction:
(1) prohibit a person from
				  continuing a violation of the standards or licensing requirements prescribed by
				  this chapter;
(2) restrain or
				  prevent the establishment, conduct, management, or operation of a facility
				  without a license issued under this chapter; or
(3) grant the injunctive relief warranted by
				  the facts on a finding by the court that a person is violating the standards or
				  licensing requirements prescribed by this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.236 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) may assess an administrative
				  penalty against a license holder if the license holder:
(1) violates Texas Health and Safety Code,
				  Chapter 252, or any rule, standard, or order adopted or a license issued under
				  such chapter and the violation creates a potential for more than minimal harm,
				  results in actual harm, or poses an immediate threat to the health or safety of
				  a resident;
(2) makes a false
				  statement, that the person knows or should know is false, of a material fact:
(A) on an application for issuance or renewal
				  of a license or in documentation submitted to HHSC in support of the
				  application; or
(B) with respect to
				  a matter under investigation by HHSC;
(3) refuses to allow a representative of HHSC
				  to inspect:
(A) a book, record, or file
				  required to be maintained by the person; or
(B) any portion of the premises of a
				  facility;
(4) willfully
				  interferes with the work of a representative of HHSC or the enforcement of
				  Texas Health and Safety Code, Chapter 252;
(5) willfully interferes with a
				  representative of HHSC preserving evidence of a violation of Texas Health and
				  Safety Code, Chapter 252, or a rule, standard, or order adopted or license
				  issued under such chapter;
(6)
				  fails to pay a penalty assessed by HHSC under Texas Health and Safety Code,
				  Chapter 252, not later than the 10th day after the date the assessment of the
				  penalty becomes final;
(7) fails to
				  submit an acceptable plan of correction to HHSC within 10 working days after
				  receiving the final statement of licensing violations; or
(8) fails to notify HHSC of a change in
				  ownership before the effective date of that change of ownership.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.237 - Appointment of a Trustee by Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A person holding a controlling interest
				  in a facility may, at any time, request that the Texas Health and Human
				  Services Commission (HHSC) assume the operation of the facility through the
				  appointment of a trustee.
(b) If
				  HHSC believes that the appointment of a trustee is desirable, HHSC may enter
				  into an agreement with the person holding the controlling interest for the
				  appointment of the trustee to take charge of the facility.
(c) Any agreement entered into under this
				  section must:
(1) specify all terms and
				  conditions of the trustee's appointment and authority; and
(2) preserve all rights of the residents as
				  granted by law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.238 - Involuntary Appointment of a Trustee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				  Commission (HHSC) may petition a court of competent jurisdiction for the
				  involuntary appointment of a trustee to operate a facility if one or more of
				  the following conditions exist:
(1) the
				  facility is operating without a license;
(2) the facility's license has been suspended
				  or revoked;
(3) license suspension
				  or revocation procedures against a facility are pending and an imminent threat
				  to the health and safety of the residents exists;
(4) an emergency exists that presents an
				  immediate threat to the health and safety of the residents; or
(5) the facility is closing (whether
				  voluntarily or through an emergency closure order) and arrangements for
				  relocation of the residents to other licensed facilities have not been made
				  before closure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.239 - Notification of Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				  section, the terms "close" and "closure" refer to a facility ceasing to
				  operate. The terms do not include temporarily relocating residents of a
				  facility.
(b) Except as provided in
				  subsection (c) of this section, if a license holder intends to voluntarily
				  close a facility, the license holder must, at least 60 days before the facility
				  closes:
(1) send written notice of the
				  license holder's intent to close the facility, including the anticipated date
				  of closure, to:
(A) the Texas Health and Human
				  Services Commission (HHSC); and
(B)
				  all residents; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.241 - Amelioration of Violation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In lieu of demanding payment of an administrative penalty, the Commissioner may
				  allow the person to use, under the supervision of the Texas Health and Human
				  Services Commission (HHSC), a portion of the penalty to ameliorate the
				  violation or to improve services, other than administrative services, in the
				  facility.
(b) HHSC will offer
				  amelioration to a person for a violation if HHSC determines that the violation
				  does not constitute immediate jeopardy to the health and safety of a
				  resident.
(c) HHSC will not offer
				  amelioration to a person if HHSC determines that the violation constitutes
				  immediate jeopardy to the health and safety of a resident.
(d) HHSC will offer amelioration to a person
				  not later than the 10th day after the date the person receives from HHSC a
				  final notification of assessment of administrative penalty that is sent to the
				  person after an informal dispute resolution process but before an
				  administrative hearing.
(e) A
				  person to whom amelioration has been offered must file a plan for amelioration
				  not later than the 45th day after the date the person receives the offer of
				  amelioration from HHSC. In submitting the plan, the person must agree to waive
				  the person's right to an administrative hearing if HHSC approves the
				  plan.
(f) At a minimum, a plan for
				  amelioration must:
(1) propose changes to the
				  management or operation of the facility that will improve services to or
				  quality of care of residents;
(2)
				  identify, through measurable outcomes, the ways in which and the extent to
				  which the proposed changes will improve services to or quality of care of
				  residents;
(3) establish clear
				  goals to be achieved through the proposed changes;
(4) establish a timeline for implementing the
				  proposed changes; and
(5) identify
				  specific actions necessary to implement the proposed changes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter J - RESPITE CARE › Section 551.281 - Generally

Current through Reg. 49, No. 28; July 12, 2024
A facility licensed under this chapter may provide respite
					 care for an individual who has a diagnosis of an intellectual disability or a
					 related condition without regard to whether the individual is eligible to
					 receive intermediate care services under federal law, according to a plan of
					 care as provided under Texas Health and Safety Code, Chapter 252, Subchapter G
					 (relating to Respite Care).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter J - RESPITE CARE › Section 551.282 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Plan of
				  care--A written description of the care, training, and treatment needed by a
				  person during respite care.
(2)
				  Respite care--The provision by a facility to a person, for not more than two
				  weeks for each stay in the facility, of room, board, and care at the level
				  ordinarily provided for permanent residents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter J - RESPITE CARE › Section 551.283 - Plan of Care

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  and the person arranging the care must agree on the plan of care and the plan
				  must be filed at the facility before the facility admits the person for the
				  care.
(b) The plan of care must be
				  signed by:
(1) a licensed physician if the
				  person for whom the care is arranged need medical care or treatment;
				  or
(2) the person arranging for the
				  respite care if medical care or treatment is not needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter J - RESPITE CARE › Section 551.285 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC), at
					 the time of a licensing inspection or at other times HHSC determines necessary,
					 inspects a facility's records of respite care services, physical accommodations
					 available for respite care, and the plan of care records to ensure that the
					 respite care services comply with the licensing standards of this
					 chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter J - RESPITE CARE › Section 551.286 - Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) may require a facility to cease
				  providing respite care if HHSC determines that the respite care does not meet
				  the standards required by this chapter and that the facility cannot comply with
				  those standards in the respite care it provides.
(b) HHSC may suspend the license of a
				  facility that continues to provide respite care after receiving a written order
				  from HHSC to cease, as set out in § 551.232 of this chapter (relating to
				  License Suspension).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter J - RESPITE CARE › Section 551.287 - Licensed Capacity

Current through Reg. 49, No. 28; July 12, 2024
When a facility provides respite care:
(1) the total number of individuals receiving
				  services in the facility must not exceed the licensed capacity of the facility
				  ; and
(2) any required staff to
				  resident ratio will include any individual receiving respite care services
				  regardless of the number of hours in the facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.321 - Determination of Employability

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  facility must comply with Texas Health and Safety Code, Chapter 250 (relating
				  to Nurse Aide Registry and Criminal History Checks of Employees and Applicants
				  for Employment in Certain Facilities Serving the Elderly, Persons with
				  Disabilities, or Persons with Terminal Illnesses).
(b) Before a facility hires an applicant for
				  employment, the facility must search the employee misconduct registry (EMR)
				  established under the Texas Health and Safety Code §
										253.007,
				  and the nurse aide registry (NAR) established under Texas Health and Safety
				  Code §
										253.008
				  (relating to Verification of Employability; Annual Search) to determine if the
				  applicant is designated in the EMR or NAR as unemployable. The EMR and NAR may
				  be accessed on the HHSC Internet website.
(c) In addition to the initial search of the
				  EMR and NAR, a facility must conduct a search of the EMR and NAR to determine
				  if the employee is designated in either registry as unemployable, as follows:
(1) for an employee most recently hired
				  before September 1, 2009, by August 31, 2011, and at least every twelve months
				  thereafter; and
(2) for an employee
				  most recently hired on or after September 1, 2009, at least every twelve
				  months.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.323 - Procedures for Inspection of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures for inspection of public
				  records will be in accordance with the Texas Government Code, Chapter 552
				  (relating to Public Information), and as further described in this
				  section.
(b) The Texas Health and
				  Human Services Commission (HHSC) is responsible for the maintenance and release
				  of records on licensed facilities, and other related records.
(c) The application for inspection of public
				  records is subject to the following criteria:
(1) the application must be made to the HHSC
				  Open Records Coordinator, by mail at 4900 N. Lamar Boulevard, MC-1070, Austin,
				  TX 78751-2316, by fax 512-424-6586, or email at
				  openrecordsrequest@hhsc.state.tx.us;
(2) the requestor must identify
				  himself;
(3) the requestor must
				  give reasonable prior notice of the time for inspection or copying of
				  records;
(4) the requestor must
				  specify the records requested;
(5)
				  on a written application, if HHSC is unable to ascertain the records being
				  requested, HHSC may return the written application to the requestor for
				  clarification.
HHSC will provide the requested records as soon as
					 possible; however, if the records are in active use, or in storage, or time is
					 needed for proper de-identification or preparation of the records for
					 inspection, HHSC will so advise the requestor and set an hour and date within a
					 reasonable time when the records will be available.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.324 - Emergency Medication Kit

Current through Reg. 49, No. 28; July 12, 2024
Stocks of inventoried emergency medications may be kept in
					 facilities.
(1) Emergency medication
				  kits must be maintained in compliance with the Texas State Board of Pharmacy
				  rules in 22 TAC §
										291.121(relating
				  to Remote Pharmacy Services).
(2)
				  Facilities must have contracts with the provider pharmacy that provides the
				  emergency medication kit. The contract must outline the services to be provided
				  by the pharmacy and the responsibilities and accountabilities of each party in
				  fulfilling the terms of the contract in compliance with federal and state laws
				  and regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.325 - Controlled Substances

Current through Reg. 49, No. 28; July 12, 2024
The facility must adhere to the following procedures
					 governing the use of drugs covered by the Controlled Substances Act.
(1) A separate record must be maintained for
				  each drug covered by Schedules II, III, and IV of the Controlled Substances
				  Act, Health and Safety Code, Chapter 481.
(2) The record for each drug must contain the
				  prescription number, name, and strength of drug, date received by the facility,
				  date and time administered, name of resident, dose, physician's name, signature
				  of person administering dose, and original amount dispensed with the balance
				  verifiable by drug inventory at every shift change.
(3) Schedule V drugs are exempt from the
				  requirements in paragraphs (1) and (2) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.326 - Required Postings

Current through Reg. 49, No. 28; July 12, 2024
A facility must prominently post for display in an area of
					 the facility that is readily available to residents, employees, and
					 visitors:
(1) the license issued under
				  this chapter;
(2) a notice
				  prescribed by the Texas Health and Human Services Commission (HHSC) describing
				  complaint procedures;
(3) a notice
				  providing instructions for reporting an allegation of abuse, neglect, or
				  exploitation to the Texas Department of Family and Protective Services
				  Statewide Intake;
(4) a notice in
				  the form prescribed by HHSC stating that inspection and related reports are
				  available at the facility for public inspection and providing HHSC's toll-free
				  telephone number that may be used to obtain information concerning the
				  facility;
(5) a copy of the most
				  recent inspection report relating to the facility; and
(6) a notice, in English and Spanish, stating
				  that employees, other staff, residents, volunteers, and family members and
				  guardians of residents are protected from discrimination or retaliation as
				  specified in the Texas Health and Safety Code §§
										252.132 -
				  252.133
				  (relating to Suit for Retaliation and Suit for Retaliation Against Volunteer,
				  Resident, or Family Member or Guardian of Resident).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.327 - Notice of Changes in Key Personnel

Current through Reg. 49, No. 28; July 12, 2024
A facility must notify the department no later than 30 days
					 after the date of hire of an administrator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.328 - Retaliation Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A facility must not discharge or otherwise retaliate
					 against:
(1) an employee, resident, or
				  other person because the employee, resident, or other person files a complaint,
				  presents a grievance, or otherwise provides in good faith information relating
				  to the misuse of restraint or seclusion at the facility; or
(2) a resident because someone on behalf of
				  the resident files a complaint, presents a grievance, or otherwise provides in
				  good faith information relating to the misuse of restraint or seclusion at the
				  facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter L - PROVISIONS APPLICABLE TO FACILITIES GENERALLY › Section 551.329 - Vaccine Preventable Diseases

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Effective September 1, 2012, a facility must develop and implement a policy to
				  protect a resident from vaccine preventable diseases in accordance with Texas
				  Health and Safety Code, Chapter 224.
(b) The policy must:
(1) require an employee or a contractor
				  providing direct care to a resident to receive vaccines for the vaccine
				  preventable diseases specified by the facility based on the level of risk the
				  employee or contractor presents to residents by the employee's or contractor's
				  routine and direct exposure to residents;
(2) specify the vaccines an employee or
				  contractor is required to receive in accordance with paragraph (1) of this
				  subsection;
(3) include procedures
				  for the facility to verify that an employee or contractor has complied with the
				  policy;
(4) include procedures for
				  the facility to exempt an employee or contractor from the required vaccines for
				  the medical conditions identified as contraindications or precautions by the
				  Centers for Disease Control and Prevention;
(5) for an employee or contractor who is
				  exempt from the required vaccines, include procedures the employee or
				  contractor must follow to protect residents from exposure to disease, such as
				  the use of protective equipment, such as gloves and masks, based on the level
				  of risk the employee or contractor presents to residents by the employee's or
				  contractor's routine and direct exposure to residents;
(6) prohibit discrimination or retaliatory
				  action against an employee or contractor who is exempt from the required
				  vaccines for the medical conditions identified as contraindications or
				  precautions by the Centers for Disease Control and Prevention, except that
				  required use of protective medical equipment, such as gloves and masks, may not
				  be considered retaliatory action;
(7) require the facility to maintain a
				  written or electronic record of each employee's or contractor's compliance with
				  or exemption from the policy;
(8)
				  include disciplinary actions the facility may take against an employee or
				  contractor who fails to comply with the policy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish the procedures
				  and practices the Texas Department of Human Services uses in certifying,
				  terminating certification, or taking action relating to long-term care
				  facilities participating in Medicare and the Medical Assistance Program in the
				  State of Texas under Titles XVIII and XIX of the United States Social Security
				  Act.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.3 - Scope

Current through Reg. 49, No. 28; July 12, 2024
Title XVIII of the Social Security Act creates the Medicare
				  Program which is a health insurance program for the aged and disabled. Title
				  XIX of the Social Security Act creates the Texas Medical Assistance Program,
				  which is a state plan to provide care for the poor, the elderly, and the
				  disabled. The Texas Department of Human Services, as the licensing agency for
				  long-term care facilities, is required to determine whether facilities meet the
				  requirements for participation in the Title XVIII and XIX
				  programs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Certification--A
				determination by the department that a facility meets the requirements for
				participation of the Title XVIII Medicare Program or the Title XIX Medical
				Assistance Program.
(2)
				Department--The Texas Department of Human Services.
(3) Facility--A long-term care institution
				which has applied for participation or participates in the Title XVIII Medicare
				Program or the Title XIX Medical Assistance Program.
(4) HCFA--Health Care Financing
				Administration of the United States Department of Health and Human
				Services.
(5) Intermediate care
				facility for the mentally retarded--A facility that participates in the Title
				XIX Medicaid Program under the definition in 42 United States Code (USC)
				§1396(d).
(6) Nursing
				facility--A facility that participates in the Title XIX Medicaid Program under
				the definition in
				42 USC
				§1396(c).
(7) Skilled nursing facility--A facility that
				participates in the Title XVIII Medicare Program under the definition in
				42
				USC
				§1395i-3(a).
(8) Standards--The rules, requirements, and
				guidelines established by HCFA or the state Medicaid agency with which a
				facility must comply to participate in the Title XVIII Medicare Program or the
				Title XIX Medical Assistance Program.
(9) State Medicaid agency--The state agency
				designated to administer the funds for the Title XIX Medical Assistance
				Program.
(10) Title XVIII Medicare
				Program--The health insurance program for the aged and disabled authorized
				under Title XVIII of the Social Security Act.
(11) Title XIX Medical Assistance
				Program--The medical assistance program in Texas authorized under Title XIX of
				the Social Security Act.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.7 - The Texas Department of Human Services' General Responsibilities under the Title XVIII Medicare Program and the Title XIX Medical Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Department of Human Services (department) will certify to the Health Care
				Financing Administration (HCFA) or to the state Medicaid agency by means of a
				survey report and related documentation the level of compliance of each
				facility with federal and state standards required for the facility
				classification (skilled nursing facility, nursing facility, intermediate care
				facility for the mentally retarded, or any other terminology additions or
				deletions in the Title XVIII Medicare or the Title XIX Medical Assistance
				Programs).
(b) The department also
				will perform any and all other certification responsibilities as required by
				standards and the contract between the department and HCFA or the state
				Medicaid agency for the implementation of the state certification
				program.
(c) The department will
				perform inspections, surveys, and on-site visits pursuant to the Texas
				Utilization Review/Quality Assurance Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.9 - Survey Procedure and Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Texas Department of Human Services (department) shall follow all requirements
				for the survey and certification of skilled nursing facilities, nursing
				facilities, and intermediate care facilities for the mentally retarded as
				provided in Title 42, Code of Federal Regulations, Part 488.
(b) The department shall follow all
				instructions, guidelines, and interpretive memoranda issued by the Health Care
				Financing Administration (HCFA) that apply to the survey and certification
				agency under the Title XVIII Medicare Program and the Title XVIII Medicaid
				Program. The department shall use the survey methods, procedures, and forms
				prescribed by HCFA.
(c) For a
				survey of an intermediate care facility for the mentally retarded, the
				department shall:
(1) assign a qualified
				mental retardation professional as a survey team member;
(2) require each survey team to conduct a
				final interview with the provider to ensure that the survey team informs the
				provider of survey findings and that the survey team has requested the
				necessary information from the provider; and
(3) allow the provider to record any
				interview with the survey team and immediately provide the survey team with a
				copy of the recording.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.11 - Informal Review Process for Intermediate Care Facilities for Persons with Mental Retardation and Related Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The procedure in this section
				shall be utilized by providers when there is a disagreement with surveyors'
				findings and/or recommendations, when additional written information becomes
				available that was not shared with the survey team, or when a complaint is
				filed relating to the conduct of the survey. The provider may request a
				face-to-face, telephone, or paper review when one of the following termination
				actions is taken against the facility: 90-day termination, denial of
				certification, or when the automatic cancellation clause is invoked. If no
				action was taken against the facility but deficiencies were written, the
				provider will be given a paper review only. These procedures shall only be used
				if the deficiencies cited in the survey report do not pose an imminent threat
				or danger to the health and/or safety of a resident. Twenty-three day
				terminations are not entitled to utilize the Informal Review process.
(b) Review process.
(1) Exit conference.
(A) At the time of the survey the provider
				will furnish any information requested by the surveyor. The facility staff must
				not wait until the exit conference to provide information requested earlier
				during the survey. Information needed to conduct the survey must be made
				available during the survey; however, additional information will be accepted
				for review at the time of the exit conference.
(B) At the time of the exit conference, the
				facility will receive written notice from a member of the survey team of its
				right to an informal review.
(C) If
				there are issues which are not resolved during the exit conference, the
				administrator or his designee may make a written or faxed request for an
				informal review with the associate commissioner for Long Term Care Regulatory
				or his state office designee. The request for the review and any additional
				information must be submitted and received in the associate commissioner's or
				his designee's office within ten calendar days after receipt of the official
				statement of deficiencies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.13 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Informal reconsideration (IR) for
				intermediate care facilities for the mentally retarded. Prior to the effective
				date of any termination of certification, the Texas Department of Human
				Services (DHS) gives the facility an opportunity for an IR.
(1) Elements of the informal reconsideration
				are as follows.
(A) DHS gives the facility
				written notice of the proposed termination of certification and the findings
				upon which the action is based.
(B)
				The facility will have the opportunity to refute DHS's findings in writing. If
				the facility does not respond during the specified period, the action will be
				taken. If there is no response by the facility, DHS is not required to take any
				other action on the appeals process prior to the proposed action.
(C) If the facility does respond as required
				in subparagraph (B) of this paragraph, DHS will give the facility a written
				affirmation or reversal of the proposed action.