reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter B - FACILITY LICENSING › Section 506.12 - Application and Issuance of Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a) Application submittal. The applicant
				  shall submit the following documents to the department no earlier than 60
				  calendar days prior to the projected opening date of the facility:
(1) an accurate and complete application
				  form;
(2) evidence of project and
				  occupancy approval under local codes, if applicable, or in accordance with
				  §
											506.95 of Title 40 (relating to
				  Construction, Inspections, and Approval of Projects for New or Existing
				  Facilities in the Absence of Local Codes and Regulations).
(3) the appropriate license fee as required
				  in §
											506.15 of Title 40 (relating to
				  Fees).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter B - FACILITY LICENSING › Section 506.13 - Application and Issuance of Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal notice. The department may send a
				  renewal notice to a facility up to 60 calendar days before the expiration date
				  of a license.
(1) If the facility has not
				  received the renewal notice from the department within 30 calendar days prior
				  to the expiration date, it is the duty of the facility to notify the department
				  and request a renewal application for a license.
(2) If the facility fails to submit the
				  application and fee within 15 calendar days prior to the expiration date of the
				  license, the department shall send to the facility a letter advising that
				  unless the license is renewed, the facility must cease operations upon the
				  expiration of the license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter B - FACILITY LICENSING › Section 506.14 - Time Periods for Processing and Issuing Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The receipt date for an application for
				  an initial license or a renewal license is the date the application is received
				  by the division.
(2) An application
				  for an initial license is complete when the division has received, reviewed,
				  and found acceptable the information described in §
											506.12(a) of
				  Title 40 (relating to Application and Issuance of Initial License).
(3) An application for a renewal license is
				  complete when the division has received, reviewed, and found acceptable the
				  information described in §
											506.13(b) of
				  Title 40 (relating to Application and Issuance of Renewal License).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter B - FACILITY LICENSING › Section 506.15 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) All fees paid to the department are
				  nonrefundable with the exception of fees for surveys that were not
				  conducted.
(2) All fees shall be
				  paid to the department.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.32 - Resident Care and Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Physician services.
(1) Each resident shall
				  have an attending physician who is charge of the resident's medical
				  care.
(2) The facility shall make a
				  reasonable effort to contact the resident's physician within 72 hours after
				  admission to obtain any information relating to the care of the resident. Any
				  relevant information obtained from the physician will be recorded in the
				  resident's care document.
(3) In
				  the event of an acute illness, condition, or accident requiring medical and/or
				  nursing care beyond the capabilities of the facility, the resident shall be
				  transferred, in a medically appropriate manner, to a hospital or other health
				  care facility as appropriate where needed services and facilities are
				  available.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.33 - Resident Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				  facility shall promote and protect the rights of all residents. Policies that
				  ensure resident rights shall be adopted, implemented and enforced. The policies
				  shall include:
(1) the right of the resident
				  to considerate and respectful care:
(A) the
				  care of the resident includes consideration of the psychosocial, spiritual, and
				  cultural variables that influence the perceptions of illness; and
(B) the care of the dying resident optimizes
				  the comfort and dignity of the patient;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.34 - Resident Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall maintain for each resident admitted, a separate record with all entries
				  kept current, dated and signed by the recorder. The record shall be accurately
				  written, promptly completed, properly stored and filed, and accessible. At a
				  minimum, the record shall include:
(1)
				  identification data. The facility shall secure at the time of admission
				  appropriate identifying information, including full name; sex; date of birth;
				  usual occupation; social security number; family/friend name, address, and
				  telephone number; and physician names and telephone numbers including emergency
				  numbers;
(2) medical history and
				  physical exam reports, if available;
(3) any physician orders and progress notes,
				  if available;
(4) any documentation
				  of the resident's change in health condition requiring emergency procedures,
				  and health services provided by facility personnel;
(5) other documents or reports related to the
				  care of the resident as required by facility policy;
(6) if appropriate, documentation of nursing
				  services provided and nursing staff observation as required by facility policy;
				  and
(7) a list of medications the
				  resident is taking.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.35 - Residential AIDS Hospice Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A special care facility
				  designated as a residential AIDS hospice shall meet the standards of this
				  section. These standards are in addition to the other standards described in
				  this chapter that apply to special care facilities.
(b) Service requirements.
(1) Palliative care. The facility shall
				  provide palliative care that is reasonable and necessary to meet the needs of a
				  resident and the management of the resident's terminal illness and related
				  conditions.
(2) Support services.
				  Support services shall be available to both the resident and the family.
				  Support services shall:
(A) include social,
				  spiritual and emotional care provided to a resident and the family;
				  and
(B) be under the supervision of
				  a qualified individual who may be a person with a master's degree in social
				  work, an accredited or ordained member of the clergy, or other individual with
				  appropriate training and experience.
(3) Counseling services. Counseling services
				  shall be available to the resident and the family. If provided, counseling
				  services shall be identified as a need in the resident's plan of care described
				  in subsection (c) of this section.
(4) Bereavement services. Bereavement
				  services shall be available to the family. The provision of bereavement
				  services shall be:
(A) provided in an
				  organized program under the supervision of a qualified person who may be a
				  person with a master's in social work, an accredited or ordained member of the
				  clergy, or other individual with appropriate training and experience;
(B) available to families for up to one year
				  following the death of the resident; and
(C) identified as a need for the family in
				  the resident's plan of care described in subsection (c) of this
				  section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.36 - Criminal History and Nurse Aide Registry Checks of Employees and Applicants for Employment

Current through Reg. 49, No. 28; July 12, 2024
(a) As used in
				  this section, an unlicensed applicant or employee excludes licensed health
				  professionals. A licensed health professional is an individual who is
				  authorized and holds a license issued by the State of Texas to practice in the
				  health care field. This term "licensed health professional" includes, but is
				  not limited to, a physician, physician assistant, advanced practice registered
				  nurse, registered nurse, licensed vocational nurse, social worker, counselor,
				  dietitian, pharmacist, or psychologist.
(b) Each facility shall comply with the
				  provisions of 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).
(c) The facility shall obtain criminal
				  history record information from the Department of Public Safety (DPS) for all
				  unlicensed applicants for employment.
(1) A
				  facility shall obtain the information directly from the DPS or by paying a
				  private agency to obtain criminal history record information directly from the
				  DPS.
(2) If an applicant has been
				  convicted of an offense under Health and Safety Code, §
											250.006
				  (relating to Convictions Barring Employment), the facility shall determine
				  whether the conviction bars the applicant from employment or whether the
				  conviction is a contraindication to employment with the patients the facility
				  serves.
(3) If a facility
				  determines that a conviction bars an applicant from employment in a facility,
				  or is a contraindication to employment, the facility shall notify the
				  applicant.
(4) A facility shall not
				  employ an unlicensed applicant who has been convicted of an offense listed in
				  Health and Safety Code, §
											250.006,
				  if the facility determines that the conviction bars employment or is a
				  contraindication to employment with the patients the facility serves.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.37 - Balance Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may
				  not violate a law that prohibits the facility from billing a patient who is an
				  insured, participant, or enrollee in a managed care plan an amount greater than
				  an applicable copayment, coinsurance, and deductible under the insured's,
				  participant's, or enrollee's managed care plan or that imposes a requirement
				  related to that prohibition.
(b) A
				  facility shall comply with Senate Bill 1264, 86th Legislature, Regular Session,
				  2019, and with related Texas Department of Insurance rules at 28 TAC Chapter
				  21, Subchapter OO, §§21.4901 - 21.4904 (relating to Disclosures by
				  Out-of-Network Providers) to the extent this subchapter applies to the
				  facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.38 - Miscellaneous Policies and Protocols

Current through Reg. 49, No. 28; July 12, 2024
A facility shall not discriminate based on a patient's
					 disability and shall comply with Texas Health and Safety Code Chapter 161,
					 Subchapter S (relating to Allocation of Kidneys and Other Organs Available for
					 Transplant).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.39 - In-Person Visitation During a Public Health Emergency or Disaster

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this section, have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Public health emergency--A state of disaster or local disaster declared under
				  Texas Government Code Chapter 418 or a public health disaster as defined by
				  Texas Health and Safety Code (HSC) §81.003.
(2) Religious counselor--An individual acting
				  substantially in a pastoral or religious capacity to provide spiritual counsel
				  to other individuals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter D - WAIVERS › Section 506.51 - Waivers, Modifications, and Variations to Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Physical plant waiver. On the request of
				  the facility, the department may grant a waiver or modification for certain
				  provisions of the physical plant and environment that, in the opinion of the
				  department, would be impractical for the facility to meet. Waivers will not be
				  granted for fire safety requirements required by the National Fire Protection
				  Association (NFPA). The facility's written request must specify the specific
				  provision for which waiver is requested.
(b) Facility operation waiver. On the request
				  of the facility, the department may grant a waiver or approve a variation for
				  certain provisions of facility operation that, in the opinion of the
				  department, would be impractical or inappropriate for the facility to meet. The
				  facility's written request must specify the specific provision for which waiver
				  is requested.
(c) Consideration. In
				  considering the waiver or modification request, the department shall consider
				  information submitted by the facility and whether the waiver or modification:
(1) will adversely affect the health and
				  safety of the facility patients, employees, or the general public;
(2) if not granted, would impose an
				  unreasonable hardship on the facility in providing adequate care for
				  patients;
(3) will facilitate the
				  creation or operation of the facility; and
(4) is appropriate when balanced against the
				  best interests of the individuals served or to be served by the
				  facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter E - INSPECTIONS AND INVESTIGATIONS › Section 506.61 - Inspection and Investigation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Routine inspections. The department may
				  conduct an inspection of a facility prior to the issuance or renewal of a
				  license.
(b) Complaint
				  investigations.
(1) Complaint investigations
				  are unannounced and are conducted to ensure compliance of the facility with the
				  provisions of Health and Safety Code (HSC), Chapter 248, this chapter, special
				  license conditions, or orders of the commissioner of health
				  (commissioner).
(2) Complaints
				  received by the department concerning abuse, neglect, or exploitation will be
				  investigated in accordance with §
											506.33(c)(2) of
				  Title 40 (relating to Resident Rights).
(3) If an individual wishes to report an
				  alleged violation of the Act or this chapter, the individual shall notify the
				  department in persons, by telephone at (888) 973-0022, by facsimile or by
				  writing the department at Health Facility Licensing and Certification Division,
				  1100 West 49th Street, Austin, Texas 78756-3199, or electronic
				  medium.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter E - INSPECTIONS AND INVESTIGATIONS › Section 506.62 - Complaint Against a Texas Department of Health Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may
				  register a complaint against a department representative who conducts a survey
				  or investigation in accordance with this section The complaint must be
				  registered within 10 working days of the facility's receipt of the statement of
				  deficiencies (SOD).
(b) A complaint
				  against a department representative shall be registered with the Health
				  Facility Licensing and Compliance Division, Texas Department of Health, 1100
				  West 49th Street, Austin, Texas 78756-3199, telephone (512) 834-6650 or (888)
				  973-0022.
(1) A complaint against a
				  department representative which is received by telephone will be referred
				  within two working days to the appropriate supervisor. The caller will be
				  requested to submit the complaint in writing.
(2) When a complaint is received in writing,
				  it will be forwarded to the appropriate supervisor within two working days.
				  Within 10 calendar days of receipt of the complaint, the Health Facility
				  Licensing and Compliance Division will inform the complainant in writing that
				  the complaint has been forwarded to the appropriate supervisor.
(3) Within 10 calendar days of the
				  supervisor's receipt of the complaint, the supervisor will notify the
				  complainant in writing that an investigation will be done.
(4) The supervisor will review the
				  documentation in the survey packet and interview the department representative
				  identified in the complaint to obtain facts and assess the objectivity of the
				  department representative in the department representative's application of
				  this chapter during the inspection or investigation.
(5) The supervisor shall offer to meet with
				  the complainant to resolve the issue. The department representative identified
				  in the complaint will participate in the discussion. The resolution meeting may
				  be conducted at the division's office or during an on-site follow-up visit to
				  the facility.
(6) Changes and
				  deletions will be made to the SOD, if necessary.
(7) The supervisor will notify the
				  complainant in writing of the status of the investigation within 30 calendar
				  days of the date the supervisor received the complaint.
(8) The supervisor will forward all final
				  documentation to the director of the Health Facility Licensing and Compliance
				  Division and notify the complainant of the results.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter F - ENFORCEMENT › Section 506.71 - License Denial, Suspension, Revocation and Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may deny, suspend, suspend
				  on an emergency basis, or revoke a license if the applicant or facility fails
				  to comply with any provision of the Act or this chapter.
(b) The department may take action under
				  subsection (a) of this section for fraud, misrepresentation, or concealment of
				  a material fact on any documents required to be submitted to the department or
				  required to be maintained by the facility pursuant to the provisions of this
				  chapter.
(c) The department may
				  suspend or revoke an existing valid license, or disqualify a person from
				  receiving a license because of a person's conviction of a felony or misdemeanor
				  if the crime directly relates to the duties and responsibilities of the
				  ownership or operation of a facility.
(1) In
				  determining whether a criminal conviction directly relates, the department
				  shall consider:
(A) the nature and
				  seriousness of the crime;
(B) the
				  relationship of the crime to the purposes for requiring a license to engage in
				  the occupation;
(C) the extent to
				  which a license might offer an opportunity to engage in further criminal
				  activity of the same type as that in which the person previously had been
				  involved; and
(D) the relationship
				  of the crime to the ability, capacity, or fitness required to perform the
				  duties and discharge the responsibilities of the licensed occupation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter F - ENFORCEMENT › Section 506.72 - Civil and Criminal Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  license holder or person who violates the Act or any rule adopted by the board
				  under the Act is liable for a civil penalty, to be imposed by a district court,
				  of not more than $1,000 for each day of violation.
(b) A person who knowingly establishes or
				  operates a special care facility without a license issued under this Act
				  commits an offense. An offense under this section is a Class B misdemeanor.
				  Each day of a continuing violation constitutes a separate offense.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter F - ENFORCEMENT › Section 506.73 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Imposition
				  of penalty. The department may impose an administrative penalty on a person
				  licensed under this chapter who violates the Act, this chapter, or order
				  adopted under this chapter.
(b)
				  Deposit of penalty. A penalty collected under this section shall be deposited
				  in the state treasury in the general revenue fund.
(c) Contested case. A proceeding to impose
				  the penalty is considered to be a contested case under Government Code, Chapter
				  2001.
(d) Amount of penalty.
(1) The amount of the penalty may not exceed
				  $1,000 for each violation, except for violations of §
											506.31(b)(6) of
				  Title 40 (pertaining to General Functions), which are limited to $500. Each day
				  a violation continues or occurs is a separate violation for purposes of
				  imposing a penalty. The total amount of the penalty assessed for a violation
				  continuing or occurring on separate days under this paragraph may not exceed
				  $5,000.
(2) In determining the
				  amount of an administrative penalty assessed under this section, the department
				  shall consider:
(A) the seriousness of the
				  violation, including the nature, circumstances, extent, and gravity of the
				  violation;
(B) the threat to health
				  or safety caused by the violation;
(C) the history of previous
				  violations;
(D) the amount
				  necessary to deter a future violation;
(E) whether the violator demonstrated good
				  faith, including when applicable whether the violator made good faith efforts
				  to correct the violation; and
(F)
				  any other matter that justice may require.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter G - SAFETY REQUIREMENTS AND FIRE PROTECTION › Section 506.82 - Emergency Preparedness

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each SCF shall develop written plans for effective preparedness, mitigation,
				  response, and recovery from disasters.
(b) The administration must have in effect
				  and available to all personnel written copies of a plan for the protection of
				  all persons in the event of fire and for their remaining in place, for their
				  evacuation to areas of refuge, and from the building when necessary. The plan
				  must include special staff actions including fire protection procedure needed
				  to ensure the safety of any resident and must be amended or revised when
				  needed. All employees must be periodically instructed and kept informed with
				  respect to their duties and responsibilities under the plan. A copy of the plan
				  must be readily available at all times within the facility. This written plan
				  must reflect the current evacuation capabilities of the resident or
				  patient.
(c) The SCF must have
				  written preparedness and response plan. Procedures to be followed in an
				  internal or external disaster should be attached to the plan. The plan must
				  address, at a minimum, the eight core functions of emergency management, which
				  are: direction and control; warning (how the facility will be notified of
				  emergencies and who they will notify); communication (with whom and by what
				  mechanism); sheltering arrangements; evacuation (destinations, routes);
				  transportation; health and medical needs; and resource management (supplies,
				  staffing, emergency equipment, records). A copy of the plan must be provided to
				  the local emergency management coordinator and should address those emergencies
				  that could affect the facility. Information about the local emergency
				  management coordinator may be obtained from the office of the local mayor or
				  county judge.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter G - SAFETY REQUIREMENTS AND FIRE PROTECTION › Section 506.83 - Fire Safety Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Fire evacuation classification rating and National Fire Protection Association
				  (NFPA) compliance. All documents published by NFPA as referenced in these rules
				  may be obtained by writing or calling the NFPA, 1 Batterymarch Park, Quincy, MA
				  02169-7471 or (800) 344-3555.
(1) An existing
				  special care facility, which was licensed prior to the effective date of the
				  rules, shall:
(A) comply, at a minimum, with
				  the edition of the National Fire Protection Association 101, Code for Safety to
				  Life from Fire in Buildings and Structures, 2000 edition (NFPA 101), under
				  which it was initially licensed, or
(B) if classified as a health care occupancy,
				  with NFPA 101, Chapter 19, 2000 edition; or
(C) if classified as an occupancy other than
				  a health care occupancy, NFPA 101, Chapter 33; or
(D) if classified as an occupancy other than
				  a health care occupancy, the applicable code as determined by the local fire
				  authority.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 506.91 - Construction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. When local regulations are in effect and enforced governing the
				  construction of a SCF, the SCF shall be constructed in accordance with the
				  local regulations. An existing SCF may voluntarily comply with any of the
				  following requirements.
(b)
				  Existing special care facilities. In the absence of local regulations, an
				  existing SCF shall comply with the following sections.
(1) Compliance.
(A) A licensed SCF which is licensed prior to
				  the effective date of these rules is considered to be an existing licensed SCF
				  and shall continue, at a minimum, to meet the licensing requirements under
				  which it was originally licensed.
(B) In lieu of meeting the requirements in
				  subparagraph (A) of this paragraph, an existing licensed SCF may, instead,
				  comply with National Fire Protection Association 101, Code for Safety to Life
				  from Fire in Buildings and Structures, 2000 edition (NFPA 101), Chapter 33,
				  Existing Residential Board and Care Facilities, or Chapter 19, Existing Health
				  Care Occupancies. All documents published by NFPA as referenced in these rules
				  may be obtained by writing or calling the NFPA, 1 Batterymarch Park, Quincy, MA
				  02169-7471, or (800) 344-3555.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 506.92 - Minimum Spatial Requirements for New Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration and public suite.
(1) Entrance. Entrances shall be located at
				  grade level, be accessible to individuals with disabilities, and protected
				  against inclement weather. When an SCF is located on a floor above grade level,
				  elevators shall be accessible and shall meet the requirements of §
											506.93 of Title 40 (relating to
				  Elevators).
(2) Waiting area. A
				  waiting area or foyer shall be provided which includes having access to the
				  following rooms and items:
(A) public toilet
				  facilities; and
(B) telephone(s)
				  for public use.
(3)
				  General or individual office(s). An office(s) shall be provided for business
				  transactions, records, and administrative and professional staff.
(4) Resident records area. Resident record
				  storage space shall be located within a secure designated area under direct
				  visual supervision of administrative staff.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 506.94 - Preparation, Submittal, Review and Approval of Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance.
(1) When local regulations are in effect and
				  enforced governing the construction of a new SCF or the renovation or
				  modification of an existing SCF, the SCF shall be constructed in accordance
				  with the local regulations and submission of construction documents to the
				  department is not required. An SCF may voluntarily submit construction
				  documents to the department.
(2) In
				  the absence of local regulations, a new or existing SCF shall comply with the
				  following subparagraphs (A) - (E) of this paragraph, and subsections (b) - (e)
				  of this section.
(A) Facility owners or
				  operators may not begin construction of a new building or additions to or
				  renovations or conversions of existing buildings until final construction
				  documents are reviewed and approved by the department.
(B) Plans and specifications describing the
				  construction of new buildings and additions to or renovations and conversions
				  of existing buildings shall be prepared by registered architects and/or
				  licensed professional engineers.
(C) A program narrative shall be prepared in
				  accordance with subsection (b) of this section and submitted to the department
				  at the time of the submission of the Application for Plan Review.
(D) Preliminary plans shall be prepared and
				  submitted in accordance with subsection (c) of this section.
(E) Final plans and specifications shall be
				  prepared and submitted in accordance with subsection (d) of this
				  section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 506.95 - Construction, Inspections, and Approval of Projects for New or Existing Facilities in the Absence of Local Codes and Regulations

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction.
(1) Major construction. Construction, of
				  other than minor alterations, shall not commence until the final plan review
				  deficiencies have been satisfactorily resolved, the appropriate plan review
				  fee, according to the plan review schedule in §
											506.15 of Title 40 (relating to
				  Fees), has been paid, and the department has issued a letter granting approval
				  to begin construction. Such authorization does not constitute release from the
				  requirements contained in this chapter. If the construction takes place in or
				  near occupied areas, adequate provision shall be made for the safety and
				  comfort of occupants.
(2)
				  Construction commencement notification. The architect of record or the licensee
				  or applicant shall provide written notification to the department when
				  construction will commence. The department shall be notified in writing of any
				  change in the completion schedules.
(3) Completion. Construction shall be
				  completed in compliance with the construction documents including all addenda
				  or modifications approved for the project.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 506.96 - Tables

Current through Reg. 49, No. 28; July 12, 2024
Table 1. Ventilation Requirements for LCF
					 Facilities.
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 507 - END STAGE RENAL DISEASE FACILITIES › Subchapter D - OPERATIONAL REQUIREMENTS FOR PATIENT CARE AND TREATMENT › Section 507.50 - Balance Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may
				  not violate a law that prohibits the facility from billing a patient who is an
				  insured, participant, or enrollee in a managed care plan an amount greater than
				  an applicable copayment, coinsurance, and deductible under the insured's,
				  participant's, or enrollee's managed care plan or that imposes a requirement
				  related to that prohibition.
(b) A
				  facility shall comply with Senate Bill 1264, 86th Legislature, Regular Session,
				  2019, and with related Texas Department of Insurance rules at 28 TAC Chapter
				  21, Subchapter OO, §§21.4901 - 21.4904 (relating to Disclosures by
				  Out-of-Network Providers) to the extent this subchapter applies to the
				  facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 509.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to
				  implement Texas Health and Safety Code Chapter 254, referred to as "the Act"
				  throughout this chapter, which requires freestanding emergency medical care
				  facilities to be licensed by the Texas Health and Human Services
				  Commission.
(b) This chapter
				  provides:
(1) procedures for obtaining a
				  freestanding emergency medical care facility license;
(2) minimum standards for freestanding
				  emergency medical care facility functions and services;
(3) patient rights standards; discrimination
				  or retaliation standards;
(4)
				  patient transfer and other policy and protocol requirements;
(5) reporting, posting, and training
				  requirements relating to abuse and neglect;
(6) standards for voluntary
				  agreements;
(7) inspection and
				  investigation procedures;
(8)
				  enforcement standards; fire prevention and protection requirements;
(9) general safety standards;
(10) physical plant and construction
				  requirements; and
(11) standards
				  for preparing, submitting, reviewing, and approval of construction
				  documents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.21 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) License required.
(1) Except as provided in §509.22 of
				  this subchapter (related to Exemptions from Licensure), a person may not
				  establish or operate a freestanding emergency medical care facility in this
				  state without a license issued by the Texas Health and Human Services
				  Commission (HHSC).
(2) A facility or
				  person shall not hold itself out to the public as a freestanding emergency
				  medical care facility or advertise, market, or otherwise promote the services
				  using the terms "emergency," "ER," or any similar term that would give the
				  impression that the facility or person is providing emergency care.
(3) An applicant shall submit a license
				  application in accordance with §509.24 of this subchapter (relating to
				  Application and Issuance of Initial License). The applicant shall retain copies
				  of all application documents submitted to HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.22 - Exemptions from Licensure

Current through Reg. 49, No. 28; July 12, 2024
The following facilities are not required to be licensed
					 under this chapter:
(1) an office or
				  clinic owned and operated by a manufacturing facility solely for the purposes
				  of treating its employees and contractors;
(2) a temporary emergency clinic in a
				  disaster area;
(3) an office or
				  clinic of a licensed physician, dentist, optometrist, or podiatrist;
(4) a licensed nursing home;
(5) a licensed hospital;
(6) a hospital that is owned and operated by
				  this state;
(7) a facility located
				  within or connected to a licensed hospital or a hospital that is owned and
				  operated by this state;
(8) a
				  facility that is owned or operated by a licensed hospital or a hospital that is
				  owned and operated by this state and is:
(A)
				  surveyed as a service of the hospital by an organization that has been granted
				  deeming authority as a national accreditation program for hospitals by the
				  Centers for Medicare and Medicaid Services (CMS); or
(B) granted provider-based status by CMS;
				  or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.23 - Unlicensed Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Texas Health and Human Services
				  Commission (HHSC) has reason to believe that a person or facility may be
				  providing emergency medical care services as defined in this chapter without a
				  license, HHSC will notify the person or facility in writing by certified mail,
				  return receipt requested. Not later than 20 calendar days after the date the
				  person or facility receives the notice, the person or facility shall submit to
				  HHSC either:
(1) an application for a license
				  and the nonrefundable license fee;
(2) a claim for exemption under §
											509.22 of this subchapter
				  (relating to Exemptions from Licensure); or
(3) documentation sufficient to establish
				  that freestanding emergency medical care services are not being provided,
				  including a notarized statement that freestanding emergency medical care
				  services are not being provided and listing the types of services that are
				  provided.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.25 - Application and Issuance of Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
				  and Human Services Commission (HHSC) may send written notice of expiration of a
				  license to a facility no later than 60 calendar days before the expiration
				  date. If the applicant has not received notice, it is the duty of the applicant
				  to notify HHSC and request a renewal application.
(b) The facility shall submit to HHSC no
				  later than 30 calendar days before the expiration date of the license:
(1) a completed renewal application
				  form;
(2) a nonrefundable license
				  fee;
(3) a copy of a passing fire
				  inspection report conducted within the last 12 months and one from the year
				  prior indicating approval by the local fire authority in whose jurisdiction the
				  facility is based, as HHSC requires annual fire safety inspections for a
				  facility's continued licensure status; and
(4) if the facility is accredited by the
				  Joint Commission or other accrediting organization, documented evidence of
				  current accreditation status.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.26 - Inactive Status and Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility that
				  is not staffed and open for more than five calendar days shall inform the Texas
				  Health and Human Services Commission (HHSC), and HHSC will change the status of
				  the facility license to inactive.
(1) To be
				  eligible for inactive status, a facility must be in good standing with no
				  pending enforcement action or investigation.
(2) The licensee is responsible for any
				  license renewal requirements or fees, and for proper maintenance of patient
				  records, while the license is inactive.
(3) A license may not remain inactive for
				  more than 60 calendar days.
(4) To
				  reactivate the license, the facility must inform HHSC no later than 60 calendar
				  days after the facility stopped providing services under its license.
(5) A facility that does not reactivate its
				  license by the 60th calendar day after it stopped providing services has
				  constructively surrendered its license, and HHSC will consider the facility
				  closed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.27 - Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) When a facility
				  plans to change its ownership, the new owner shall submit:
(1) an application for an initial license and
				  nonrefundable fee to the Texas Health and Human Services Commission (HHSC) no
				  later than 30 calendar days before the date of the change of ownership in
				  accordance with §
											509.24 of this subchapter
				  (relating to Application and Issuance of Initial License); and
(2) notwithstanding §
											509.24(c)(14) of
				  this subchapter, a copy of a passing fire inspection report conducted within
				  the last 12 months and one from the year prior indicating approval by the local
				  fire authority in whose jurisdiction the facility is based. Annual fire safety
				  inspections are required for continued licensure status.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.28 - Conditions of Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  license is issued only for the premises and person or governmental unit named
				  on the application.
(b) A facility
				  license is issued for a single physical location and shall not include multiple
				  buildings or offsite locations.
(c)
				  A license shall not be transferred or assigned from one person or governmental
				  unit to another person or governmental unit.
(d) A license shall not be transferred from
				  one facility location to another.
(e) If a facility is relocating, the facility
				  shall complete and submit a license application and nonrefundable fee no later
				  than 30 calendar days before facility relocation. The Texas Health and Human
				  Services Commission (HHSC) shall process the application in accordance with
				  §
										509.24 of this subchapter
				  (relating to Application and Issuance of Initial License). An initial license
				  for the relocated facility is effective on the date the relocation occurred.
				  The previous license is void on the date of relocation.
(f) A facility that changes its telephone
				  number shall send HHSC written notice of the change no later than 30 calendar
				  days after the number has changed.
(g) If a facility's name changes, the
				  facility shall notify HHSC in writing no later than 30 calendar days after the
				  effective date of the name change.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.29 - Time Periods for Processing and Issuing Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) The date a license application is
				  received is the date the application reaches the Texas Health and Human
				  Services Commission (HHSC).
(b) An
				  application for an initial license is complete when HHSC has received the
				  application fee and received, reviewed, and found acceptable the information
				  described in §
										509.24 of this subchapter
				  (relating to Application and Issuance of Initial License).
(c) An application for a renewal license is
				  complete when HHSC has received the application fee and received, reviewed, and
				  found acceptable the information described in §
										509.25 of this subchapter
				  (relating to Application and Issuance of Renewal License).
(d) HHSC shall process an application from an
				  applicant for an initial license or a facility for a renewal license in
				  accordance with the following time periods.
(1) The first time period begins on the date
				  HHSC receives the complete application and ends on the date HHSC issues the
				  license. The first time period is 45 calendar days.
(2) If HHSC receives an incomplete
				  application, the first time period ends on the date HHSC issues a written
				  notice to the applicant or facility that the application is incomplete. The
				  written notice shall describe the specific information HHSC requires before
				  HHSC considers the application complete.
(3) For incomplete applications, the second
				  time period begins on the date HHSC receives the last item necessary to
				  complete the application and ends on the date HHSC issues the license. The
				  second time period is 45 calendar days.