reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter H - STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES › Division 6 - HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES › Section 558.859 - Hospice Discharge or Transfer of Care

Current through Reg. 49, No. 28; July 12, 2024
(a) If a hospice transfers the care of a
					 client to another facility or agency, the hospice must provide a copy of the
					 hospice discharge summary and, if requested, a copy of the client's record to
					 the receiving facility or agency.
(b) If a client revokes the election of
					 hospice care or is discharged by the hospice for any reason listed in
					 subsection (d) of this section, the hospice must provide a copy of the hospice
					 discharge summary and, if requested, a copy of the client's record to the
					 client's attending practitioner.
(c) A hospice discharge summary must include:
(1) a summary of the client's stay, including
					 treatments, symptoms, and pain management;
(2) the client's current plan of
					 care;
(3) the client's latest
					 physician orders; and
(4) any other
					 documentation needed to assist in post-discharge continuity of care or that is
					 requested by the attending practitioner or receiving facility or
					 agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter H - STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES › Division 6 - HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES › Section 558.860 - Provision of Medical Supplies and Durable Medical Equipment by a Hospice

Current through Reg. 49, No. 28; July 12, 2024
(a) While a client is under hospice care, a
					 hospice must provide medical supplies and appliances as well as durable medical
					 equipment related to the palliation and management of the terminal illness and
					 related conditions, as identified in the hospice plan of care.
(b) A hospice must ensure that manufacturer
					 recommendations for performing routine and preventive maintenance on durable
					 medical equipment are followed. The equipment must be safe, and work as
					 intended for use in the client's environment. Where a manufacturer
					 recommendation for a piece of equipment does not exist, the hospice must ensure
					 that repair and routine maintenance policies are developed. The hospice may use
					 persons under contract to ensure the maintenance and repair of durable medical
					 equipment.
(c) A hospice must
					 ensure that a client, where appropriate, as well as the family or other
					 caregivers, receive instruction in the safe use of durable medical equipment
					 and supplies. The hospice may use persons under contract to ensure client and
					 family instruction. The client, family, or caregiver must be able to
					 demonstrate the appropriate use of durable medical equipment to the
					 satisfaction of the hospice staff.
(d) A hospice may only contract for durable
					 medical equipment services with a durable medical equipment supplier that meets
					 the Medicare standards for durable medical equipment, prosthetics, orthotics,
					 and supplies suppliers at
					 42
					 CFR §
												424.57.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter H - STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES › Division 6 - HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES › Section 558.861 - Management of Drugs and Biologicals and Disposal of Controlled Substance Prescription Drugs in a Client's Home or Community Setting

Current through Reg. 49, No. 28; July 12, 2024
(a) While a client is under hospice care, a
					 hospice must provide drugs and biologicals related to the palliation and
					 management of the terminal illness and related conditions, as identified in the
					 hospice plan of care.
(b) A
					 hospice must ensure that the interdisciplinary team (IDT) confers with a person
					 with education and training in drug management, as defined in hospice policies
					 and procedures and State law, who is an employee of or under contract with the
					 hospice to ensure that drugs and biologicals meet a client's needs. The hospice
					 must be able to demonstrate that the person has specific education and training
					 in drug management. Persons with education and training in drug management
					 include:
(1) a licensed pharmacist, a
					 physician who is board certified in hospice and palliative medicine, or an RN
					 who is certified in palliative nursing; or
(2) a physician, an RN, or an advanced
					 practice nurse who completes a specific drug management course for hospice or
					 palliation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter H - STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES › Division 6 - HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES › Section 558.862 - Management of Drugs and Biologicals and Disposal of Controlled Substance Prescription Drugs in an Inpatient Hospice Unit

Current through Reg. 49, No. 28; July 12, 2024
(a) The requirements stated in
					 §558.861(a)-(g) of this division (relating to Management of Drugs and
					 Biologicals and Disposal of Controlled Substance Prescription Drugs in a
					 Client's Home or Community Setting) also apply to a hospice that provides
					 inpatient care directly in its own inpatient unit.
(b) A hospice that provides inpatient care
					 directly in its own inpatient unit must provide pharmaceutical services under
					 the direction of a qualified licensed pharmacist who is an employee of or under
					 contract with the hospice. The services provided by the pharmacist must include
					 evaluation of a client's response to medication therapy, identification of
					 potential adverse drug reactions, and recommended appropriate corrective
					 action.
(c) A hospice that
					 provides inpatient care directly in its own inpatient unit must:
(1) have a written policy in place that
					 promotes dispensing accuracy; and
(2) maintain current and accurate records of
					 the receipt and disposition of all controlled drugs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter H - STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES › Division 6 - HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES › Section 558.863 - Hospice Short-Term Inpatient Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A hospice must make inpatient care
					 available when needed for pain control, symptom management, and respite
					 purposes.
(b) A hospice must
					 ensure that inpatient care for pain control and symptom management is provided
					 in either:
(1) a hospice inpatient unit that
					 meets the additional standards in Division 7 of this subchapter (relating to
					 Hospice Inpatient Units) and the Medicare Conditions of Participation for
					 providing inpatient care directly as specified in
					 42
					 CFR §
													418.110; or
(2) a Medicare-certified hospital or skilled
					 nursing facility that also meets:
(A) the
					 licensing standards specified in § 558.870(b)(1) and (2) of this
					 subchapter (relating to Staffing in a Hospice Inpatient Unit) regarding 24-hour
					 nursing services, and in § 558.871(d)(1)-(4) of this subchapter (relating
					 to Physical Environment in a Hospice Inpatient Unit); and
(B) the federal Medicare standards specified
					 in
					 42
					 CFR §
														418.110(b) and
					 (e) regarding 24-hour nursing services and
					 patient areas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter H - STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES › Division 7 - HOSPICE INPATIENT UNITS › Section 558.870 - Staffing in a Hospice Inpatient Unit

Current through Reg. 49, No. 28; July 12, 2024
(a) A hospice is responsible for staffing its
					 inpatient unit with the numbers and types of qualified, trained, and
					 experienced staff to meet the care needs of every client in the inpatient unit
					 to ensure that plan of care outcomes are achieved and negative outcomes are
					 avoided.
(b) A hospice inpatient
					 unit must provide 24-hour nursing services that meet the nursing needs of all
					 clients and are furnished in accordance with each client's plan of care.
(1) A client must receive all nursing
					 services as prescribed in the plan of care and must be kept comfortable, clean,
					 well-groomed, and protected from accident, injury, and infection.
(2) If at least one client in the hospice
					 inpatient unit is receiving general inpatient care for pain control or symptom
					 management, then each shift must include an RN who provides direct client
					 care.
(3) A hospice inpatient unit
					 must have a nurse call system. The hospice must install in a client's room a
					 system that:
(A) is equipped with an easily
					 activated, functioning device accessible to the client; and
(B) allows the client to call for assistance
					 from a staff person on the unit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter A - INTRODUCTION › Section 559.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to implement Texas Human
					 Resources Code, Chapter 103, by establishing licensing procedures and standards
					 for a DAHS facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter A - INTRODUCTION › Section 559.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Abuse-- Negligent or
				  willful infliction of injury, unreasonable confinement, intimidation, or cruel
				  punishment with resulting physical or emotional harm or pain to an elderly or
				  disabled person by the person's caretaker, family member, or other individual
				  who has an ongoing relationship with the person, or sexual abuse of an elderly
				  or disabled person, including any involuntary or nonconsensual sexual conduct
				  that would constitute an offense under Texas Penal Code §
										21.08 (relating to
				  Indecent Exposure) or Texas Penal Code, Chapter 22 (relating to Assaultive
				  Offenses) committed by the person's caretaker, family member, or other
				  individual who has an ongoing relationship with the person.
(2) Actual harm--A negative outcome that
				  compromises the physical, mental, or emotional well-being of an elderly person
				  or a person with a disability receiving services at a facility.
(3) Adult--A person 18 years of age or older
				  or an emancipated minor.
(4)
				  Affiliate--With respect to a:
(A) partnership,
				  each partner of the partnership;
(B) corporation, each officer, director,
				  principal stockholder, and subsidiary; and each person with a disclosable
				  interest;
(C) natural person,
				  includes each:
(i) person's spouse;
(ii) partnership and each partner thereof, of
				  which said person or any affiliate of said person is a partner; and
(iii) corporation in which the person is an
				  officer, director, principal stockholder, or person with a disclosable
				  interest.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.11 - Criteria for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must
				  not establish or operate a DAHS facility in Texas without a license issued by
				  HHSC in accordance with Texas Human Resources Code, Chapter 103, and this
				  chapter.
(b) An applicant for a
				  license must submit a complete application form and license fee to HHSC through
				  the online portal in accordance with instructions provided with the
				  application.
(c) An applicant for a
				  license must affirmatively demonstrate that the applicant meets:
(1) the standards of the Life Safety Code,
				  NFPA 101, 2000 edition;
(2) the
				  construction standards in Subchapter C of this chapter (relating to Facility
				  Construction Procedures); and
(3)
				  the requirements for operation based on an on-site survey.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.13 - General Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  must use the online portal and the forms prescribed by HHSC to submit a license
				  application and fulfill all licensure requirements and activities that can be
				  met or conducted using the online portal.
(b) An applicant must complete the
				  application and furnish all documents and information that HHSC requests in
				  accordance with the instructions provided with the application. An application
				  must be complete, accurate, and submitted with full payment of applicable
				  license fees described in §559.37 of this subchapter (relating to Fees).
				  If an applicant provides incorrect or false information, or withholds
				  information, HHSC may deny the application as described in §559.31 of this
				  subchapter (relating to Criteria for Denying a License or Renewal of a
				  License).
(c) An application must
				  include documentation from the local fire authority that the facility and its
				  operations meet local fire ordinances.
(d) If an applicant decides not to continue
				  the application process for a license after submitting an application and
				  license fee, the applicant must submit to HHSC a request to withdraw the
				  application. HHSC does not refund the license fee for an application that is
				  withdrawn, except as provided in §559.15(e) - (g) of this subchapter
				  (relating to Time Periods for Processing Licensing Applications).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.15 - Time Periods for Processing Licensing Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC only
				  processes applications received at least 60 days before the requested date of
				  the license issuance.
(b) An
				  application is complete when all requirements for licensing have been met,
				  including compliance with standards. If an inspection for compliance is
				  required, the application is not complete until the inspection has occurred,
				  reports have been reviewed, and the applicant complies with the
				  standards.
(c) The HHSC Regulatory
				  Services Licensing and Credentialing Section notifies facilities through the
				  online portal within 30 days after receipt of the application if any of the
				  following applications are incomplete:
(1)
				  initial;
(2) change of
				  ownership;
(3) renewal;
				  and
(4) increase in
				  capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.19 - Applicant Disclosure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of
				  section. No person may apply for a license, change of ownership, increase in
				  capacity, or license renewal to operate or maintain a facility without
				  disclosing information as required in this section.
(b) Disclosures. Disclosures are made on each
				  application as defined in this section and as required by the instructions for
				  the application submitted.
(c)
				  General information required.
(1) For
				  initial, change of ownership, renewal, and change applications related to
				  capacity and real estate, evidence of the right to possession of the facility
				  at the time of the application must be submitted. This requirement may be
				  satisfied by uploading applicable portions of a lease agreement, deed or trust,
				  or other appropriate legal document into the application submitted through the
				  online portal. The names and addresses of any persons or organizations listed
				  as owner of record in the real estate, including the buildings and grounds
				  appurtenant to the buildings, must be disclosed to HHSC in the application
				  submitted through the online portal.
(2) At the request of HHSC, an applicant or
				  license holder must provide to HHSC any additional background information
				  within 30 days after HHSC's request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.21 - Initial License Application Procedures and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An applicant for an initial license must submit an application in accordance
				  with §
										559.13 of this subchapter
				  (relating to General Application Requirements) and include full payment of the
				  fees required in §559.37 of this subchapter (relating to Fees).
(b) HHSC reviews an application for an
				  initial license within 30 days after the date the HHSC Licensing and
				  Credentialing Section, Long-term Care Regulation, receives the application and
				  the associated fees and notifies the applicant if additional information is
				  needed to complete the application.
(c) The applicant must notify HHSC via the
				  online portal indicating that the facility is ready for a Life Safety Code
				  (LSC) inspection. The notice must be submitted with the application or within
				  120 days after the HHSC Licensing and Credentialing Section, Long-term Care
				  Regulation, receives the application. After the applicant has satisfied the
				  application submission requirements in §
										559.11 of this subchapter
				  (relating to Criteria for Licensing) and §
										559.13 of this subchapter, HHSC
				  staff conduct an on-site LSC inspection of the facility to determine if the
				  facility meets the applicable physical plant requirements in Subchapter C of
				  this chapter (relating to Facility Construction Procedures).
(d) If the applicant fails to meet the
				  licensure requirements within 120 days after the initial LSC inspection, HHSC
				  denies the application for a license.
(e) After an applicant has met the licensure
				  requirements in Subchapter C of this chapter and admitted at least one but no
				  more than three clients, the applicant must notify HHSC via the online portal
				  that the facility is ready for a health inspection.
(1) HHSC staff conduct an on-site health
				  inspection to determine if the facility meets the licensure requirements for
				  standards of operation and client care in Subchapter D of this chapter
				  (relating to Standards for Licensure).
(2) If the facility fails to meet the
				  licensure requirements for standards of operation and client care within 120
				  days after the initial health inspection, HHSC denies the application for a
				  license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.23 - Renewal Procedures and Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) A license issued
				  under this chapter:
(1) expires three years
				  after the date issued;
(2) must be
				  renewed before the license expiration date; and
(3) is not automatically renewed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.25 - Change of Ownership and Notice of Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  this section, a temporary change of ownership license is a temporary license
				  issued to an applicant who proposes to become the new operator of a facility
				  that exists on the date the application is submitted.
(b) A license holder may not transfer its
				  license. The applicant (new license holder) must obtain a temporary change of
				  ownership license followed by an initial three-year license in accordance with
				  this section. When HHSC approves the change of ownership by issuing a temporary
				  change of ownership license to the new license holder, the current license
				  holder's license becomes invalid as of the effective date of the change of
				  ownership indicated in the change of ownership application. Between the
				  effective date of the change of ownership and issuance of the temporary change
				  of ownership license, the existing license holder remains responsible under its
				  license; however, the applicant may operate a facility on behalf of the current
				  license holder during such time period.
(c) The applicant must submit to HHSC through
				  the online portal:
(1) a complete application
				  for a license in accordance with HHSC instructions and §
											559.11 of this subchapter
				  (relating to Criteria for Licensing) or an incomplete application with a letter
				  explaining the circumstances that prevented the inclusion of the missing
				  information;
(2) the application
				  fee, in accordance with §559.37 of this subchapter (relating to Fees);
				  and
(3) a signed and notarized
				  Change of Ownership Transfer Affidavit, HHSC Form 1092, from the applicant and
				  the facility's current license holder of intent to transfer operation of the
				  facility from the current license holder to the applicant, beginning on the
				  change of ownership effective date specified on the change of ownership
				  application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.27 - Relocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder must not relocate a
				  facility without approval from HHSC. The license holder must submit a complete
				  application and the fee required under §559.37 of this subchapter
				  (relating to Fees) to HHSC through the online portal before the
				  relocation.
(b) Clients must not be
				  relocated until the new building has been inspected and approved as meeting the
				  standards of Life Safety Code, NFPA 101, 2000 edition, as applicable to day
				  activity health services facilities.
(c) Following Life Safety Code, NFPA 101,
				  2000 edition, approval by HHSC, the license holder must notify HHSC of the date
				  clients will be relocated. If the new facility meets the standards for
				  operation based on an on-site survey, HHSC issues a license for the new
				  location.
(d) The effective date of
				  this license is the date all clients are relocated.
(e) The license holder must continue to
				  maintain the license at the current location and meet all requirements for
				  facility operation until the date of the relocation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.29 - Change of Staff

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility must
				  submit an application for a change of director through the online portal within
				  30 days before or after the change. The new director must submit qualifying
				  documentation for approval to the HHSC Regulatory Services Regional Office
				  within 30 days before or after the change, as specified in §559.59 of this
				  chapter (relating to Staff Qualifications).
(b) A new facility activities director must
				  submit qualifying documentation for approval within 30 days before or after the
				  change, as specified in §559.59 of this chapter.
(c) If the facility does not have a director
				  or activities director within 30 days after a vacancy, the facility must submit
				  a letter to the HHSC Regulatory Services Regional Office requesting an
				  extension. The HHSC Regulatory Services Regional Office notifies the facility
				  in writing of the length of any extension.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.31 - Criteria for Denying a License or Renewal of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may
				  deny an initial license or refuse to renew a license if any person described in
				  §
										559.11(e) of this
				  subchapter (relating to Criteria for Licensing):
(1) is subject to denial or refusal as
				  described in Chapter 560 of this title (relating to Denial or Refusal of
				  License) during the time frames described in that chapter;
(2) substantially fails to comply with the
				  requirements described in §
											559.42 of this chapter (relating
				  to Safety), §
											559.43 of this chapter (relating
				  to Sanitation), and Subchapter D of this chapter (relating to Standards for
				  Licensure), including:
(A) noncompliance that
				  poses a serious threat to health and safety; or
(B) failure to maintain compliance on a
				  continuous basis;
(3)
				  aids, abets, or permits a substantial violation described in paragraph (2) of
				  this subsection about which the person had or should have had
				  knowledge;
(4) fails to provide the
				  required information, facts, or references;
(5) knowingly provides false or fraudulent
				  information by:
(A) submitting false or
				  intentionally misleading statements to HHSC;
(B) using subterfuge or other evasive means
				  of filing;
(C) engaging in
				  subterfuge or other evasive means of filing on behalf of another who is
				  unqualified for licensure;
(D)
				  knowingly concealing a material fact; or
(E) being responsible for fraud;
(6) fails to pay when due:
(A) licensing fees as described in
				  §559.37 of this subchapter (relating to Fees); and
(B) franchise taxes, if applicable;
				  or
(7) has a history of
				  any of the following actions during the five-year period preceding the date of
				  the application:
(A) received a sanction for
				  operating a facility that has been decertified or had its contract canceled
				  under the Medicare or Medicaid program in any state;
(B) being assessed federal or state Medicare
				  or Medicaid sanctions or penalties;
(C) received unsatisfied final
				  judgments;
(D) was evicted from any
				  property or space used as a facility in any state; or
(E) received a suspension of a license to
				  operate a health facility, long-term care facility, assisted living facility,
				  or a similar facility in any state.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.33 - Opportunity to Show Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Before starting
				  proceedings to revoke or suspend a license or deny an application for the
				  renewal of a license, HHSC gives the applicant or license holder:
(1) notice by personal service or registered
				  or certified mail of the facts or conduct alleged to warrant the proposed
				  action; and
(2) an opportunity to
				  show compliance with all requirements of law for the retention of the license
				  by sending the director of the HHSC Regulatory Enforcement Section a written
				  request for an opportunity to show compliance. The request must:
(A) be postmarked within 10 days after the
				  date of HHSC's notice and received in the state office of the director of the
				  HHSC Regulatory Enforcement Section within 10 days after the date of the
				  postmark; and
(B) contain specific
				  documentation refuting HHSC's allegations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.35 - Change in Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) Increase in
				  Capacity.
(1) During the license term, a
				  license holder may not increase capacity without approval from HHSC. The
				  license holder must submit to HHSC a complete application for increase in
				  capacity through the online portal.
(2) Upon approval of an increase in capacity
				  following a Life Safety Code Survey, HHSC issues a new license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.37 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) License Fees.
(1) The license fee is $75 for a three-year
				  license. The fee must be paid with each initial application, change of
				  ownership application, and application for license renewal. A facility or
				  applicant must pay fees in accordance with the options available in the online
				  portal.
(2) An applicant for
				  license renewal who submits an application during the 45-day period ending on
				  the date the current license expires must pay a late fee of $25 in addition to
				  the license fee described in paragraph (1) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.39 - Voluntary Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider must
				  notify HHSC in writing at least five days before permanent closure of the
				  operation.
(b) The provider must
				  include in the written notice:
(1) the date of
				  permanent closure;
(2) the reason
				  for closing;
(3) the location of
				  individual records, both active and inactive; and
(4) the name and address of the individual
				  records custodian.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter C - FACILITY CONSTRUCTION PROCEDURES › Section 559.41 - Construction and Initial Survey of Completed Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction phase.
(1) DADS' Regulatory Services Licensing and
				  Credentialing Section must be notified in writing before construction
				  starts.
(2) All construction must
				  be done in accordance with minimum licensing requirements. It is the sponsor's
				  responsibility to employ qualified personnel to prepare the contract documents
				  for construction of a new facility or remodeling of an existing facility.
				  Contract documents for additions and remodeling and for the construction of an
				  entirely new facility must be prepared by an architect licensed by the Texas
				  Board of Architectural Examiners. Drawings must bear the seal of the architect.
				  Certain parts of final plans, designs, and specifications must bear the seal of
				  a registered professional engineer approved by the Texas Board of Professional
				  Engineers to operate in Texas. These certain parts include sheets and sections
				  covering structural, electrical, mechanical, and sanitary engineering.
(A) Remodeling is the construction, removal,
				  or relocation of walls and partitions; the construction of foundations, floors,
				  or ceiling-roof assemblies; the expanding or altering of safety systems
				  (including sprinkler, fire alarm, and emergency systems); or the conversion of
				  space in a facility to a different use.
(B) General maintenance and repairs of
				  existing material and equipment, repainting, applications of new floor, wall,
				  or ceiling finishes, or similar projects are not included as remodeling, unless
				  as a part of new construction. DADS must be provided flame spread documentation
				  for new materials applied as finishes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter C - FACILITY CONSTRUCTION PROCEDURES › Section 559.42 - Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) Environmental safety.
(1) The physical plant safety requirements
				  are designed to provide safety to the clients, participants, or adult
				  individuals receiving day care.
(2)
				  The facility must conform to all applicable state laws and local ordinances
				  pertaining to occupancy. When these laws, codes, and ordinances are more
				  stringent than the standards in this section, the more stringent requirements
				  govern. If state laws or local codes or ordinances conflict with the
				  requirements of these standards, DADS' Regulatory Services Licensing and
				  Credentialing Section will be so informed so that these conflicts may be
				  legally resolved.
(3) The facility
				  must meet the provisions and requirements concerning accessibility for
				  individuals with disabilities in the following laws and regulations: the
				  Americans with Disabilities Act (ADA) of 1990 (Title 42, United States Code,
				  Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Government
				  Code, Chapter 469, Elimination of Architectural Barriers; and 16 TAC, Chapter
				  68, Elimination of Architectural Barriers. Plans for new construction,
				  substantial renovations, modifications, and alterations must be submitted to
				  the Texas Department of Licensing and Regulation (Attn: Elimination of
				  Architectural Barriers Program) for accessibility approval under Texas
				  Government Code, Chapter 469. At least 50% of the client restrooms must be in
				  accordance with ADA. Exception: Facilities licensed for 45 or fewer persons may
				  provide one unisex restroom in accordance with accessibility
				  requirements.
(4) DADS'
				  jurisdiction extends beyond the licensed facility when the licensed area is
				  only a part of a building or floor that is not fire-separated in accordance
				  with the Life Safety Code, NFPA 101, 2000 edition, §16.1.2, New Day-Care
				  Centers, or Life Safety Code, NFPA 101, 2000 edition, §17.1.2, Existing
				  Day-Care Centers with Mixed Occupancies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.50 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the term, "communicable
					 diseases" has the meaning assigned to it in 25 TAC Chapter 97 (relating to
					 Communicable Diseases).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.51 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, "reportable
				  conduct" includes:
(1) abuse or neglect that
				  causes or may cause death or harm to a client;
(2) sexual abuse of a client;
(3) financial exploitation of a client in the
				  amount of $25 or more; or
(4)
				  emotional, verbal, or psychological abuse that causes harm to a
				  client.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.52 - Client Rights

Current through Reg. 49, No. 28; July 12, 2024
A facility must ensure that all adult clients receiving
					 services provided by the facility are guaranteed the following rights.
(1) The facility must ensure that the
				  facility's policies and procedures:
(A) enable
				  a client to exercise his or her rights;
(B) promote the highest practicable quality
				  of life for all clients and not deliberately or inadvertently prohibit a client
				  from exercising the rights stated in this section or the rights of citizenship;
				  and
(C) ensure that a client, in
				  exercising his or her rights, does not impede the rights of others in the
				  facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.53 - Maintenance of Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
A facility must maintain policies and procedures regarding
					 the following with respect to all clients receiving services provided by the
					 facility.
(1) The facility must provide
				  a client with written information about:
(A)
				  the client's rights under Texas law (whether statutory or as recognized by the
				  courts of the state) to make decisions concerning medical care, including the
				  right to accept or refuse medical or surgical treatment and the right to
				  formulate advance directives;
(B)
				  the facility's policies respecting the implementation of these rights;
				  and
(C) a written list of the
				  client's rights as applicable, as outlined under Texas Human Resource Code
				  §102.004 (relating to List of Rights), and as required in §559.52 of
				  this subchapter (relating to Client Rights).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.55 - Reporting Incidents of Abuse or Neglect

Current through Reg. 49, No. 28; July 12, 2024
A facility must:
(1) report to HHSC via the online portal, or
				  by speaking with an HHSC agent at 1-800-458-9858, upon learning of alleged
				  abuse or neglect of a client and submit an investigation report to HHSC no
				  later than the fifth working day after the initial report;
(2) maintain incident reports as required by
				  §559.75 of this subchapter (relating to Client Records);
(3) ensure the confidentiality of individual
				  client records and other information related to clients; and
(4) inform the client, or client's
				  responsible party, orally and in writing of the client's rights,
				  responsibilities, and grievance procedures in a language the client, or
				  client's responsible party, understands.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.57 - Postings

Current through Reg. 49, No. 28; July 12, 2024
A facility must prominently and conspicuously post for
					 display in a public area of the facility that is readily available to clients,
					 employees, and visitors:
(1) the
				  license issued under this chapter;
(2) a sign prescribed by HHSC that can be
				  found on the HHSC website that describes complaint procedures and specifies how
				  complaints may be filed with HHSC;
(3) a notice in the form prescribed by HHSC
				  stating that inspection and related reports are available at the facility for
				  public inspection and providing the HHSC toll-free telephone number that may be
				  used to obtain information concerning the facility;
(4) a copy of the most recent inspection
				  report relating to the facility;
(5) a brochure or letter that outlines the
				  facility's hours of operation, holidays, and a description of activities
				  offered; and
(6) emergency
				  telephone numbers, including the abuse hotline telephone number, near all
				  telephones.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.59 - Staff Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Director. A
				  facility must employ a director.
(1) The
				  director must:
(A) have graduated from an
				  accredited four-year college or university and have no less than one year of
				  experience in working with people in a human service or medically related
				  program, or have an associate degree or 60 semester hours from an accredited
				  college or university with three years of experience working with people in a
				  human service or medically related program;
(B) be an RN with one year of experience in a
				  human service or medically related program;
(C) meet the training and experience
				  requirements for a license as a nursing facility administrator under Chapter
				  555 of this title (relating to Nursing Facility Administrators); or
(D) have met the qualifications for a
				  director required on July 16, 1989, and served continuously in the capacity of
				  director since that date.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.61 - Staffing Ratio and Hours

Current through Reg. 49, No. 28; July 12, 2024
A facility must ensure that:
(1) the ratio of direct service staff to
				  clients is at least one to eight, which must be maintained during provision of
				  all services except during facility-provided transportation;
(2) at least one RN or LVN is working at the
				  facility for at least eight hours per day and sufficient nurses are at the
				  facility to meet the nursing needs of the clients at all times;
(3) the facility director routinely works at
				  least 40 hours per week performing duties relating to provision of the DAHS
				  program;
(4) the activities
				  director routinely works at least 40 hours a week;
(5) clients whose needs cannot be met by the
				  facility are not admitted or retained; and
(6) sufficient attendants are on duty at all
				  times clients are present to meet the needs of the clients who are served by
				  the facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.63 - Infection Prevention and Control

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility must
				  develop, implement, enforce, and maintain an infection prevention and control
				  program that provides a safe, sanitary, and comfortable environment and helps
				  prevent development and transmission of disease and infection.
(1) The infection prevention and control
				  program must include policies and procedures that reduce the risk of spreading
				  communicable diseases in the facility, including:
(A) wearing personal protective equipment,
				  such as gloves, a gown, or a mask when called on for anticipated
				  exposure;
(B) properly cleaning
				  hands after using the lavatory, before and after touching another client, and
				  in between glove changes;
(C)
				  cleaning and disinfecting environmental surfaces, including doorknobs,
				  handrails, light switches, control panels, and remote controls;
(D) using universal precautions for blood and
				  bodily fluids; and
(E) disposing of
				  soiled items (such as used tissues, wound dressings, incontinence briefs, and
				  soiled linens) from the environment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.65 - Staff Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  director:
(1) manages the DAHS program and the
				  facility;
(2) trains and supervises
				  facility staff, contractors, and volunteers;
(3) monitors the facility building and
				  grounds to ensure compliance;
(4)
				  maintains all financial and client records;
(5) develops relationships with community
				  groups and agencies for identification and referral of clients;
(6) maintains communication with clients'
				  family members or responsible parties;
(7) ensures development and maintenance of
				  the clients' plans of care; and
(8)
				  ensures that, if the facility director also serves as the RN consultant, the
				  facility director fulfills the responsibility as director.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.67 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial training.
(1) A facility must provide direct service
				  staff with training in its fire, disaster, and evacuation procedures within
				  three workdays after the start of employment and document the training in the
				  facility records.
(2) A facility
				  must provide direct service staff a minimum of 18 hours of training during the
				  first three months after the start of employment and document the training in
				  the facility records.
(3) The
				  training provided in accordance with paragraph (2) of this subsection must
				  include:
(A) a nationally or locally
				  recognized adult cardiopulmonary resuscitation (CPR) course or
				  certification;
(B) first
				  aid;
(C) orientation to health care
				  delivery, including:
(i) safe body function
				  and mechanics;
(ii) personal care
				  techniques and procedures; and
(iii) overview of the population served at
				  the facility;
(D)
				  identification and reporting of abuse, neglect, or exploitation; and
(E) basic infection prevention and control
				  measures.