reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter D - INSPECTION AND INVESTIGATION PROCEDURES › Section 509.84 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility is deemed to have received any
				  Texas Health and Human Services Commission (HHSC) correspondence on the date of
				  receipt, or three business days after mailing, whichever is earlier.
(b) When HHSC finds deficiencies:
(1) HHSC provides the facility with a written
				  Statement of Deficiencies (SOD) within 10 business days after the exit
				  conference via U.S. Postal Service or electronic mail.
(2) Within 10 calendar days after the
				  facility's receipt of the SOD, the facility shall return to HHSC a written Plan
				  of Correction (POC) that addresses each cited deficiency, including timeframes
				  for corrections, together with any additional evidence of compliance.
(A) HHSC determines if a POC and proposed
				  timeframes are acceptable, and, if accepted, notifies the facility in
				  writing.
(B) If HHSC does not
				  accept the POC, HHSC notifies the facility in writing and requests the facility
				  submit a modified POC and any additional evidence no later than 10 business
				  days after HHSC notifies the facility in writing.
(C) The facility shall correct the identified
				  deficiencies and submit to HHSC evidence verifying implementation of corrective
				  action within the timeframes set forth in the POC, or as otherwise specified by
				  HHSC.
(3) Regardless of
				  the facility's compliance with this subsection or HHSC's acceptance of a
				  facility's POC, HHSC may, at any time, propose to take enforcement action as
				  appropriate under this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter D - INSPECTION AND INVESTIGATION PROCEDURES › Section 509.85 - Professional Conduct

Current through Reg. 49, No. 28; July 12, 2024
In addition to any enforcement action under this chapter,
					 the Texas Health and Human Services Commission reports, in writing, to the
					 appropriate licensing board any issue or complaint relating to the conduct of a
					 licensed professional, intern, or applicant for professional
					 licensure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter D - INSPECTION AND INVESTIGATION PROCEDURES › Section 509.86 - Complaint Against an HHSC Representative

Current through Reg. 49, No. 28; July 12, 2024
A facility may register a complaint against a Texas Health
					 and Human Services Commission (HHSC) representative who conducts an inspection
					 or investigation under this subchapter by following the procedure listed on the
					 HHSC website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter E - ENFORCEMENT › Section 509.101 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Enforcement is a process by which a
				  sanction is proposed, and if warranted, imposed on an applicant or licensee
				  regulated by the Texas Health and Human Services Commission (HHSC) for failure
				  to comply with applicable statutes, rules, and orders.
(b) HHSC has jurisdiction to enforce
				  violations of the Act and this chapter.
(c) HHSC may deny, suspend, or revoke a
				  license or impose an administrative penalty for:
(1) failure to comply with any applicable
				  provision of Texas Health and Safety Code (HSC), including Chapter 254
				  (relating to Freestanding Emergency Medical Care Facilities);
(2) failure to comply with any provision of
				  this chapter or any other applicable laws;
(3) the facility, or any of its employees,
				  commits an act which causes actual harm or risk of harm to the health or safety
				  of a patient;
(4) the facility, or
				  any of its employees, materially alters any license issued by HHSC;
(5) failure to comply with minimum standards
				  for licensure;
(6) failure to
				  provide a complete license application;
(7) failure to comply with an order of the
				  executive commissioner or another enforcement procedure under the
				  Act;
(8) a history of failure to
				  comply with the applicable rules relating to patient environment, health,
				  safety, and rights;
(9) the
				  facility aiding, committing, abetting, or permitting the commission of an
				  illegal act;
(10) the facility, or
				  any of its employees, committing fraud, misrepresentation, or concealment of a
				  material fact on any documents required to be submitted to HHSC or required to
				  be maintained by the facility pursuant to the Act and the provisions of this
				  chapter;
(11) failure to timely pay
				  an assessed administrative penalty as required by HHSC;
(12) failure to submit an acceptable plan of
				  correction for cited deficiencies within the timeframe required by
				  HHSC;
(13) failure to timely
				  implement plans of corrections to deficiencies cited by HHSC within the dates
				  designated in the plan of correction; or
(14) failure to comply with applicable
				  requirements within a designated probation period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter E - ENFORCEMENT › Section 509.102 - Denial of a License

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC) has
					 jurisdiction to enforce violations of the Act and this chapter. HHSC may deny a
					 license if the applicant:
(1) fails to
				  provide timely and sufficient information required by HHSC that is directly
				  related to the application; or
(2)
				  has had the following actions taken against the applicant within the two-year
				  period preceding the application:
(A)
				  decertification or cancellation of its contract under the Medicare or Medicaid
				  program in any state;
(B) federal
				  Medicare or state Medicaid sanctions or penalties;
(C) unsatisfied federal or state tax
				  liens;
(D) unsatisfied final
				  judgments;
(E) eviction involving
				  any property or space used as a freestanding emergency medical care (FEMC)
				  facility in any state;
(F)
				  unresolved federal Medicare or state Medicaid audit exceptions;
(G) denial, suspension, or revocation of an
				  FEMC facility license, a hospital license, a private psychiatric hospital
				  license, or a license for any health care facility in any state; or
(H) a court injunction prohibiting ownership
				  or operation of a 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 E - ENFORCEMENT › Section 509.103 - Suspension; Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
				  and Human Services Commission (HHSC) may deny a person or entity a license or
				  suspend or revoke an existing license on the grounds that the person or entity
				  has been convicted of a felony or misdemeanor that directly relates to the
				  duties and responsibilities of the ownership or operation of a
				  facility.
(b) In determining
				  whether a criminal conviction directly relates, HHSC shall apply the
				  requirements and consider the provisions of Texas Occupations Code Chapter 53
				  (relating to Consequences of Criminal Conviction).
(c) The following felonies and misdemeanors
				  directly relate to the duties and responsibilities of the ownership or
				  operation of a health care facility because these criminal offenses indicate an
				  ability or a tendency for the person to be unable to own or operate a facility:
(1) a misdemeanor violation of the
				  Act;
(2) a misdemeanor or felony
				  involving moral turpitude;
(3) a
				  misdemeanor or felony relating to deceptive business practices;
(4) a misdemeanor or felony of practicing any
				  health-related profession without a required license;
(5) a misdemeanor or felony under any federal
				  or state law relating to drugs, dangerous drugs, or controlled
				  substances;
(6) a misdemeanor or
				  felony under Texas Penal Code (TPC) Title 5, involving a patient or a client of
				  any health care facility, a home and community support services agency or a
				  health care professional;
(7) a
				  misdemeanor or felony under TPC:
(A) Title 4,
				  concerning offenses of attempting or conspiring to commit any of the offenses
				  in this paragraph;
(B) Title 5,
				  concerning offenses against the person;
(C) Title 7, concerning offenses against
				  property;
(D) Title 8, concerning
				  offenses against public administration;
(E) Title 9, concerning offenses against
				  public order and decency;
(F) Title
				  10, concerning offenses against public health, safety, and morals; or
(G) Title 11, concerning offenses involving
				  organized crime.
(8)
				  Offenses listed in this subsection are not exclusive in that HHSC may consider
				  similar criminal convictions from other state, federal, foreign, or military
				  jurisdictions that indicate an inability or tendency for the person or entity
				  to be unable to own or operate a 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 E - ENFORCEMENT › Section 509.104 - Emergency Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				  Commission (HHSC) may issue an emergency order to suspend a facility's license
				  issued under this chapter, if HHSC has reasonable cause to believe that the
				  conduct of a license holder creates an immediate danger to public health and
				  safety.
(b) An emergency suspension
				  under this section is effective immediately without a hearing on notice to the
				  license holder.
(c) On written
				  request of the license holder to HHSC for a hearing, HHSC shall refer the
				  matter to the State Office of Administrative Hearings. An administrative law
				  judge of the office shall conduct a hearing, not earlier than the 10th day or
				  later than the 30th day after the date HHSC receives the hearing request, to
				  determine if the emergency suspension is to be continued, modified, or
				  rescinded.
(d) A hearing and any
				  appeal under this section are governed by HHSC rules for a contested case
				  hearing and Texas Government Code Chapter 2001 (relating to Administrative
				  Procedure).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter E - ENFORCEMENT › Section 509.105 - Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Texas Health and Human Services
				  Commission (HHSC) finds that a facility is in repeated noncompliance with the
				  Act or this chapter but that the noncompliance does not endanger public health
				  and safety, HHSC may place the facility on probation rather than suspending or
				  revoking the facility's license.
(b) HHSC shall provide notice to the facility
				  of the probation and of the items of noncompliance not later than the 10th day
				  before the date the probation period begins.
(c) HHSC shall designate a period of not less
				  than 30 days during which the facility remains under probation.
(d) During the probation period, the facility
				  shall correct the items of noncompliance and report the corrections to HHSC for
				  approval.
(e) HHSC may verify the
				  corrective actions through an on-site inspection.
(f) HHSC may suspend or revoke the license of
				  a facility that does not correct items of noncompliance or that does not comply
				  with the Act or this chapter within the applicable probation period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter E - ENFORCEMENT › Section 509.106 - Injunction

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Health and Safety Code §
										254.203
					 (relating to Injunction), the Texas Health and Human Services Commission (HHSC)
					 may petition a district court for a temporary restraining order to restrain a
					 continuing violation of the standards or licensing requirements provided under
					 the Act or Texas Health and Safety Code Section
					 254.158
					 (relating to Removal of Signs) if HHSC finds that the violation creates an
					 immediate threat to the health and safety of the patients of a facility or of
					 the public.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter E - ENFORCEMENT › Section 509.107 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
				  and Human Services Commission (HHSC) may impose an administrative penalty on a
				  person licensed under the Act who violates the Act, this chapter, or an order
				  adopted under this chapter.
(b) The
				  amount of the penalty may not exceed $1,000 for each violation. Each day a
				  violation continues or occurs is a separate violation for purposes of imposing
				  a penalty.
(c) The amount shall be
				  based on:
(1) the seriousness of the
				  violation, including the nature, circumstances, extent, and gravity of the
				  violation;
(2) the threat to health
				  or safety caused by the violation;
(3) the history of previous
				  violations;
(4) the amount
				  necessary to deter a future violation;
(5) whether the violator demonstrated good
				  faith efforts to come into compliance; and
(6) any other matter that justice may
				  require.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter E - ENFORCEMENT › Section 509.108 - Payment of Administrative Penalty; Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 30
				  calendar days after the date an order of the executive commissioner under
				  §
										509.107(k) of
				  this subchapter (relating to Administrative Penalty) that imposes an
				  administrative penalty becomes final, the person shall:
(1) pay the penalty; or
(2) pursuant to Texas Health and Safety Code
				  (HSC) §254.206 (relating to Payment and Collection of Administrative
				  Penalty; Judicial Review), file a petition for judicial review of the executive
				  commissioner's order contesting the occurrence of the violation, the amount of
				  the penalty, or both.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter A - GENERAL PROVISIONS › Section 510.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this chapter is to implement the Private Mental Hospitals and Other Mental
				  Health Facilities licensing Act, Health and Safety Code, Chapter 577, which
				  requires mental hospitals and mental health facilities that provide
				  court-ordered mental health services to be licensed by the Texas Department of
				  Health.
(b) This chapter provides
				  definitions, and establishes licensing procedures, operational requirements,
				  standards for voluntary agreements, enforcement procedures, fire prevention and
				  safety requirements, and physical plant and construction requirements for
				  private psychiatric hospitals and crisis stabilization units.
(c) Compliance with this chapter does not
				  constitute release from the requirements of other applicable federal, state, or
				  local laws, codes, rules, regulations and ordinances. This chapter must be
				  followed where it exceeds other codes and ordinances.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter A - GENERAL PROVISIONS › Section 510.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Action plan--A written
				  document that includes specific measures to correct identified problems or
				  areas of concern; identifies strategies for implementing system improvements;
				  and includes outcome measures to indicate the effectiveness of system
				  improvements in reducing, controlling or eliminating identified problem
				  areas.
(2) Adverse event--An event
				  that results in unintended harm to the patient by an act of commission or
				  omission rather than by the underlying disease or condition of the
				  patient.
(3) Applicant--The person
				  legally responsible for the operation of the facility, whether by lease or
				  ownership, who seeks a license from the department.
(4) Board--The Texas Board of
				  Health.
(5) Community center--A
				  center established under Health and Safety Code, Chapter 534, Subchapter
				  A.
(6) Contaminated linen--Linen
				  which has been soiled with blood or other potentially infectious materials or
				  may contain sharps. Other potentially infectious materials means:
(A) the following human body fluids: semen,
				  vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid,
				  pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental
				  procedures, any body fluid that is visibly contaminated with blood, and all
				  body fluids in situations where it is difficult or impossible to differentiate
				  between body fluids;
(B) any
				  unfixed tissue or organ (other than intact skin) from a human (living or dead);
				  and
(C) Human Immunodeficiency
				  Virus (HIV)-containing cell or tissue cultures, organ cultures, and HIV or
				  Hepatitis B Virus (HBV) containing culture medium or other solutions; and
				  blood, organs, or other tissues from experimental animals infected with HIV or
				  HBV.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter B - APPLICATION AND ISSUANCE OF A LICENSE › Section 510.21 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) License
				  required.
(1) A facility shall obtain a
				  license prior to admitting patients.
(2) Upon written request, the department
				  shall furnish a person with an application for a private psychiatric hospital
				  or a crisis stabilization unit license.
(3) The license application shall be
				  submitted in accordance with §
											510.22 of this title (relating to
				  Application and Issuance of Initial License). The applicant shall retain copies
				  of all application documents submitted to the department.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter B - APPLICATION AND ISSUANCE OF A LICENSE › Section 510.22 - 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) a copy of the facility's
				  patient transfer policy which is developed in accordance with §
											510.43 of this title (relating to
				  Patient Transfer Policy) and is signed by both the chairman and secretary of
				  the governing body attesting to the date the policy was adopted by the
				  governing body and the effective date of the policy;
(3) a copy of the facility's memorandum of
				  transfer form which contains at a minimum the information described in §
											510.43(d)(10)(B)
				  of this title;
(4) for existing
				  facilities, a copy of a fire safety survey indicating approval by the local
				  fire authority in whose jurisdiction the facility is based that is dated no
				  earlier than one year prior to the opening date. For new construction,
				  additions, and renovation projects, written approval by the local building
				  department and local fire authority shall be submitted at the time of the final
				  construction survey by the department;
(5) documentation of accreditation by the
				  Joint Commission on Accreditation of Healthcare Organizations, if
				  applicable;
(6) the appropriate
				  license fee as required in §
											510.26 of this title (relating to
				  Fees);
(7) if the applicant is a
				  sole proprietor, partnership with individuals as a partner, or a corporation in
				  which an individual has an ownership interest of at least 25% of the business
				  entity, the names and social security numbers of the individuals; and
(8) a multiple hospital location application
				  form for multiple hospitals to be licensed under a single license number, if
				  applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter B - APPLICATION AND ISSUANCE OF A LICENSE › Section 510.23 - Application and Issuance of Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal notice. The department shall send
				  a renewal notice to a facility at least 60 calendar days before the expiration
				  date of a license.
(1) If the facility has
				  not received the renewal notice from the department within 45 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 by certified mail 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 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter B - APPLICATION AND ISSUANCE OF A LICENSE › Section 510.24 - Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) Change of
				  ownership defined. A change of ownership occurs when there is a change in the
				  person legally responsible for the operation of the facility, whether by lease
				  or by ownership.
(1) If a corporate licensee
				  amends its articles of incorporation to revise its name and the tax
				  identification number does not change, this subsection does not apply, except
				  that the corporation must notify the department within 10 calendar days after
				  the effective date of the name change.
(2) The sale of stock of a corporate licensee
				  does not cause this subsection to apply.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter B - APPLICATION AND ISSUANCE OF A LICENSE › Section 510.25 - 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 §
											510.22(a) and (b)
				  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 §
											510.23(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 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter B - APPLICATION AND ISSUANCE OF A LICENSE › Section 510.26 - 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 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 510.41 - Facility Functions and Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Anesthesia services. If the hospital
				  furnishes anesthesia services, these services shall be provided in a
				  well-organized manner under the direction of a qualified physician. The
				  anesthesia service is responsible for all anesthesia administered in the
				  hospital.
(1) Organization and staffing. The
				  organization of anesthesia services shall be appropriate to the scope of the
				  services offered. Anesthesia shall be administered only by:
(A) a qualified anesthesiologist;
(B) a physician (other than an
				  anesthesiologist);
(C) a dentist,
				  oral surgeon, or podiatrist who is qualified to administer anesthesia under
				  state law; or
(D) a certified
				  registered nurse anesthetist who is under the supervision, as set forth in the
				  Medical Practice Act, Texas Occupations Code, Title 3, Subtitle B, and the
				  Nursing Practice Act, Texas Occupations Code, Chapter 301, of the operating
				  physician or of an anesthesiologist who is immediately available if
				  needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 510.42 - Discrimination or Retaliation Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Posting requirements for reporting a
				  violation of law. In accordance with Health and Safety Code (HSC), §
				  161.134(j) and § 161.135(h), each facility shall prominently and
				  conspicuously post for display in a public area of the facility that is readily
				  visible to patients, residents, employees, and visitors a statement that
				  employees, staff, and nonemployees are protected from discrimination or
				  retaliation for reporting a violation of law. The statement shall be in English
				  and in a second language appropriate to the demographic makeup of the community
				  served.
(b) Discrimination relating
				  to employee reporting a violation of law. In accordance with HSC, §
				  161.134(a), a facility may not suspend or terminate the employment of,
				  discipline, or otherwise discriminate against an employee for reporting to the
				  employee's supervisor, an administrator of the hospital, a state regulatory
				  agency, or a law enforcement agency a violation of law, including a violation
				  of the Act or this chapter.
(c)
				  Retaliation relating to nonemployee reporting a violation of law. In accordance
				  with HSC, § 161.135(a), a facility may not retaliate against a person who
				  is not an employee for reporting a violation of law, including a violation of
				  the Act or this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 510.43 - Patient Transfer Policy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions.
(1) For purposes of this
				  section, a transferring facility is a private psychiatric hospital licensed
				  under Health and Safety Code (HSC), Chapter 577.
(2) For purposes of this section, a receiving
				  facility is one of the following:
(A) a
				  private psychiatric hospital licensed under HSC, Chapter 577;
(B) a general or special hospital licensed
				  under HSC, Chapter 241;
(C) a
				  hospital operated by the Texas Department of Mental Health and Mental
				  Retardation;
(D) a hospital
				  operated by a federal agency; or
(E) a chemical dependency treatment facility
				  licensed under HSC, Chapter 464.
(3) For purposes of this section, patient is
				  defined as an individual:
(A) seeking
				  treatment who may or may not be under the immediate supervision of a personal
				  attending physician, and who, within reasonable medical probability, requires
				  immediate or continuing services and medical care; or
(B) admitted as a patient.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 510.44 - Miscellaneous Policies and Protocols

Current through Reg. 49, No. 28; July 12, 2024
(a) Determination of death. The hospital
				  shall adopt, implement, and enforce protocols to be used in determining death
				  which comply with Health and Safety Code (HSC), Title 8, Subtitle A, Chapter
				  671, Subchapter A (relating to Determination of Death).
(b) Organ and tissue donors. The hospital
				  shall adopt, implement, and enforce a written protocol to identify potential
				  organ and tissue donors which is in compliance with the Texas Anatomical Gift
				  Act, HSC, Chapter 692. The hospital shall make its protocol available to the
				  public during the hospital's normal business hours. The hospital's protocol
				  shall include all requirements in HSC, §692.013 (relating to Hospital
				  Protocol).
(c) Professional nurse
				  reporting and peer review. A facility shall adopt, implement, and enforce a
				  policy to ensure that the facility complies with Occupations Code, §
										301.401 (relating to
				  Grounds for Reporting Registered Nurse), §301.402 (relating to Duty of
				  Registered Nurse to Report), §301.403 (relating to Duty of Peer Review
				  Committee to Report), §301.404 (relating to Duty of Nursing Educational
				  Program to Report), §301.405 (relating to Duty of Person Employing
				  Registered Nurse to Report), and Chapter 303 (relating to Nursing Peer Review),
				  and with the rules adopted by the Board of Nurse Examiners at 22 Texas
				  Administrative Code, § 217.16(relating to Minor Incidents), §217.19
				  (relating to Incident-Based Nursing Peer Review) and §217.20 (relating to
				  Safe Harbor Peer Review for RNs).
(d) Discrimination prohibited. 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 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 510.45 - Facility Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) Itemized
				  statements. A facility shall adopt, implement, and enforce a policy to ensure
				  that the facility complies with the Health and Safety Code (HSC), §311.002
				  (relating to Itemized Statement of Billed Services).
(b) Audits of billing. A facility shall
				  adopt, implement, and enforce a policy to ensure that the facility complies
				  with HSC, §311.0025(a) (relating to Audits of Billing).
(c) Complaint investigation procedures.
(1) A complaint submitted to HHSC's Complaint
				  and Incident Intake relating to billing must specify the patient for whom the
				  bill was submitted.
(2) Upon
				  receiving a complaint warranting an investigation, HHSC shall send the
				  complaint to the facility requesting the facility to conduct an internal
				  investigation. Within 30 days of the facility' receipt of the complaint, the
				  facility shall submit to HHSC:
(A) a report
				  outlining the facility's investigative process;
(B) the resolution or conclusions reached by
				  the facility with the patient, third party payor or complainant; and
(C) corrections, if any, in the policies or
				  protocols which were made as a result of its investigative findings.
(3) In addition to the facility's
				  internal investigation, HHSC may also conduct an investigation to audit any
				  billing and patient records of the facility.
(4) HHSC may inform in writing a complainant
				  who identifies themselves by name and address in writing of the receipt and
				  disposition of the complaint.
(5)
				  HHSC shall refer investigative reports of billing by health care professionals
				  who have provided improper, unreasonable, or medically or clinically
				  unnecessary treatments or billed for treatments which were not provided to the
				  appropriate licensing agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 510.46 - Abuse and Neglect Issues

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Reporting. Incidents of abuse, neglect, exploitation, or illegal, unethical or
				  unprofessional conduct shall be reported to the department as provided in
				  subsections (b) and (c).
(b) Abuse
				  or neglect of a child, and abuse, neglect or exploitation of an elderly or
				  disabled person. The following definitions apply only to this subsection.
(1) Abuse or neglect of a child, as defined
				  in 25 Texas Administrative Code (TAC), § 1.204(a) and (b) (relating to
				  Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or
				  Disabled Persons).
(2) Abuse,
				  neglect or exploitation of an elderly or disabled person, as defined in §
											1.204(a)
				  and (b) of Title 40.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter D - VOLUNTARY AGREEMENTS › Section 510.61 - Patient Transfer Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General provisions.
(1) Transfer agreements
				  between transferring facilities and receiving facilities as those terms are
				  defined in §
											510.43 of Title 40 (relating to
				  Patient Transfer Policy) are voluntary.
(2) If transfer agreements are executed that
				  are consistent with the requirements of subsection (b) of this section, any
				  patient transfers shall be governed by the agreement. The memorandum of
				  transfer described in §
											510.43(d)(10) of
				  Title 40 is not required for transfers governed by an agreement.
(3) Multiple transfer agreements may be
				  entered into based upon the type or level of medical services available at
				  other facilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter D - VOLUNTARY AGREEMENTS › Section 510.62 - Cooperative Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  cooperative agreement is an agreement among two or more hospitals for the
				  allocation or sharing of health care equipment, facilities, personnel, or
				  services, and may be established in accordance with Health and Safety Code
				  (HSC), Chapter 314.
(b) For
				  purposes of this section only, a hospital is a private mental hospital licensed
				  under HSC, Chapter 577, or a general or special hospital licensed under HSC,
				  Chapter 241.
(c) A hospital may
				  negotiate and enter into cooperative agreements with other hospitals in the
				  state if the likely benefits resulting from the agreement outweigh any
				  disadvantages attributable to a reduction in competition that may result from
				  the agreements. Acting through their boards of directors, a group of hospitals
				  may conduct discussions or negotiations concerning cooperative agreements,
				  provided that the discussions or negotiations do not involve price fixing or
				  predatory pricing.
(d) Parties to a
				  cooperative agreement may apply to the department for a certification of public
				  advantage governing the cooperative agreement. The application must include the
				  application fee in accordance with §
										510.26(e) of
				  Title 40 (relating to Fees), and a written copy of the cooperative agreement
				  that describes the nature and scope of the cooperation in the agreement and any
				  consideration passing to any party under the agreement. A copy of the
				  application and copies of all additional related materials must be submitted to
				  the attorney general and to the department at the same time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter E - ENFORCEMENT › Section 510.81 - Survey and Investigation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Routine surveys. The department may
				  conduct a survey of a facility prior to the issuance or renewal of a license.
(1) A hospital is not subject to routine
				  surveys subsequent to the issuance of the initial license while the hospital
				  maintains:
(A) certification under Title
				  XVIII of the Social Security Act, 42 United States Code (USC), § 1395 et
				  seq; or
(B) accreditation by the
				  Joint Commission on Accreditation of Healthcare Organizations or by the
				  American Osteopathic Association.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter E - ENFORCEMENT › Section 510.82 - 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 §
										510.81 of Title 40 (relating to
				  Survey and Investigation Procedures). 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 ten 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 ten 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 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter E - ENFORCEMENT › Section 510.83 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
Enforcement is a process by which a sanction is proposed,
					 and if warranted, imposed on an applicant or licensee regulated by the
					 department for failure to comply with statutes, rules and orders applicable to
					 them.
(1) Denial, suspension or
				  revocation of a license. The department has jurisdiction to enforce violations
				  of the Acts or the Rules adopted under this chapter. The department may deny,
				  suspend, or revoke a license for, but not limited to, the following reasons:
(A) fails to comply with any provision of
				  Health and Safety Code (HSC), Chapters 577 and 571;
(B) fails to comply with any provision of
				  this chapter (26 Texas Administrative Code, Chapter 510);
(C) fails to comply with a special license
				  condition;
(D) fails to comply with
				  an order of the commissioner of health (commissioner) or another enforcement
				  procedure under HSC, Chapters 577 and 571;
(E) has a history of failure to comply with
				  the rules adopted under this chapter relating to patient environment, health,
				  safety, and rights;
(F) has aided,
				  abetted or permitted the commission of an illegal act;
(G) has committed 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;
(H)
				  fails to pay administrative penalties in accordance with HSC, Chapter
				  571;
(I) fails to implement plans
				  of corrections to deficiencies cited by the department; or
(J) fails to comply with applicable
				  requirements within a designated probation period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter F - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 510.101 - Fire Prevention and Protection

Current through Reg. 49, No. 28; July 12, 2024
(a) Fire inspections.
(1) Annual inspection. Approval of the fire
				  protection of a facility by the local fire department or State Fire Marshall's
				  Office shall be a prerequisite for licensure.
(2) Purpose of inspection. The purpose of
				  these inspections shall be to ascertain and to cause to be corrected any
				  conditions liable to cause fire or violations of any of the provisions or
				  intent of these rules, or of any other applicable ordinances, which affect fire
				  safety in any way.
(3) Hazardous or
				  dangerous conditions or materials. Whenever any of the officers, members, or
				  inspectors of the fire department or bureau of fire prevention find in any
				  building or upon any premises dangerous or hazardous conditions or materials,
				  removal or remedy of dangerous conditions or materials shall be carried out in
				  a manner specified by the inspector/officer.
(4) Access for inspection. At all reasonable
				  hours, the chief of the fire department, the chief of the bureau of fire
				  prevention, or any of the fire inspectors may enter any building or premises
				  for the purpose of making an inspection or investigation which may be deemed
				  necessary under the provisions of these rules.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 510 - PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS › Subchapter F - FIRE PREVENTION AND SAFETY REQUIREMENTS › Section 510.102 - General Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) Safety
				  committee. Each facility shall have a multi-disciplinary safety committee. The
				  facility chief executive officer (CEO) shall appoint the chairman and members
				  of the safety committee.
(1) Safety officer.
				  The CEO shall appoint a safety officer who is knowledgeable in safety practices
				  in health care facilities. The safety officer shall be a member of the safety
				  committee, and shall carry out the functions of the safety program.
(2) Safety committee meetings. The safety
				  committee shall meet as required by the chairman, but not less than quarterly.
				  Written minutes of each meeting shall be retained for a period of not less than
				  one year.
(3) Safety activities.
(A) Incident reports. The safety committee
				  shall establish an incident reporting system which includes a mechanism to
				  ensure that all incidents recorded in safety committee minutes are evaluated,
				  and documentation is provided to show follow-up and corrective
				  actions.
(B) Safety policies and
				  procedures. The facility shall develop, implement and enforce safety policies
				  and procedures for each department or service which are integrated within the
				  overall plan. Unit specific policies and procedures shall be maintained within
				  each department or service.
(C)
				  Safety training and continuing education. Safety training shall be established
				  as part of new employee orientation and in the continuing education of all
				  employees.
(4) Written
				  authority. The authority of the safety committee to take action when conditions
				  exist that are a possible threat to life, health, or building damage, shall be
				  defined in writing and approved by the governing body.