reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.908 - Specialty Competencies of Staff Providing Services to Clients with COPSD

Current through Reg. 49, No. 28; July 12, 2024
(a) Providers must ensure that services to
				  clients are age-appropriate and are provided by staff within their scope of
				  practice who have the following minimum knowledge, technical, and interpersonal
				  competencies prior to providing services.
(1)
				  Knowledge competencies:
(A) knowledge of the
				  fact that psychiatric and substance use disorders are potentially recurrent
				  relapsing disorders, and that although abstinence is the goal, relapses can be
				  opportunities for learning and growth;
(B) knowledge of the impact of substance use
				  disorders on developmental, social, and physical growth and development of
				  children and adolescents;
(C)
				  knowledge of interpersonal and family dynamics and their impact on
				  individuals;
(D) knowledge of the
				  current Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnostic
				  criteria for psychiatric disorders and substance use disorders and the
				  relationship between psychiatric disorders and substance use
				  disorders;
(E) knowledge regarding
				  the increased risks of self-harm, suicide, and violence in
				  individuals;
(F) knowledge of the
				  elements of an integrated treatment plan and community support plan for
				  individuals;
(G) basic knowledge of
				  pharmacology as it relates to individuals with a mental disorder;
(H) basic understanding of the
				  neurophysiology of addiction;
(I)
				  knowledge of the phases of recovery for individuals;
(J) knowledge of the relationship between
				  COPSD and DSM Axis III disorders; and
(K) knowledge of self-help in
				  recovery.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.909 - Treatment Planning of Services to Clients with COPSD

Current through Reg. 49, No. 28; July 12, 2024
(a) The treatment plan must identify services
				  to be provided and must include measurable outcomes that address
				  COPSD.
(b) The treatment plan must
				  identify the family members' need for education and support services related to
				  the client's mental illness and substance abuse and a method to facilitate the
				  family members' receipt of the needed education and support services.
(c) The client and, if requested, family
				  member, must be given a copy of the treatment plan as permitted by
				  law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.911 - Treatment Services Provided Through Electronic Means

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section, the following words and
				  terms have the following meanings:
(1)
				  Electronic means--Live, synchronous, interactive treatment program services
				  delivered using telecommunications or information technology by a health
				  professional licensed, certified, or otherwise entitled to practice in this
				  state and acting within the scope of the health professional's license,
				  certification, or entitlement to a patient at a different physical location
				  than the health professional. This term includes services delivered using
				  synchronous audiovisual technology or synchronous audio-only technology but
				  does not include pre-recorded videos.
(2) Existing clinical relationship--A
				  relationship that occurs when a person has received at least one in-person or
				  synchronous audiovisual treatment service from the same provider within the six
				  months prior to the initial service delivered by synchronous telephone
				  (audio-only) technology.
(3)
				  Synchronous audio-only technology--An interactive, two-way audio
				  telecommunications platform, including telephone technology, that uses only
				  sound and meets the privacy requirements of the Health Insurance Portability
				  and Accountability Act of 1996 (HIPAA).
(4) Synchronous audiovisual technology--An
				  interactive, two-way audio and video telecommunications platform that meets
				  HIPPA privacy requirements.
(5)
				  Verbal consent--The spoken agreement of a client or a client's legally
				  authorized representative to participate in treatment services through
				  electronic means.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.912 - Miscellaneous Policies and Protocols

Current through Reg. 49, No. 28; July 12, 2024
A licensed chemical dependency treatment facility shall not
					 discriminate based on a client'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 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter J - MEDICATION › Section 564.1001 - General Provisions for Medication

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All facilities that provide medication shall implement written procedures for
				  medication storage, administration, documentation, inventory, and
				  disposal.
(b) Prescription
				  medication shall be used only for therapeutic and medical purposes and shall be
				  administered as prescribed by an appropriately licensed professional.
(c) Single doses of prescription medication
				  shall be prepared and packaged by a licensed pharmacist or physician.
(d) The facility shall ensure that staff that
				  provide medication are properly credentialed and trained.
(e) The program shall have the phone number
				  of a pharmacy and a comprehensive drug reference manual easily accessible to
				  staff.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter J - MEDICATION › Section 564.1002 - Medication Storage

Current through Reg. 49, No. 28; July 12, 2024
(a) Prescription
				  and over-the-counter medications, syringes, and needles shall be kept in locked
				  storage and accessible only to staff who are authorized to provide
				  medication.
(b) Clients may keep
				  prescription or over-the-counter medication in their personal possession on
				  site with written authorization from the program director. Staff shall ensure
				  that authorized clients keep medication on their persons or safely stored and
				  inaccessible to other clients.
(c)
				  The program shall store all medications, syringes, and needles in their
				  original containers under appropriate conditions. Medications requiring
				  refrigeration shall not be stored with food and other items.
(d) The facility shall ensure that stock
				  prescription medications are stored in a licensed pharmacy or physician's
				  office and dispensed by a pharmacist or physician as required by TEX. OCC. CODE
				  ANN. ch.551 (Vernon 2004).
(e) The
				  facility shall ensure that prescription medication is in a container labeled by
				  the pharmacy.
(f) Sample
				  medications provided by physicians must be stored with client specific labeling
				  information, including dosing instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter J - MEDICATION › Section 564.1003 - Medication Inventory and Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The program shall use an effective system to track and account for all
				  prescription medication.
(b) Staff
				  shall inventory and inspect all stored DEA Schedule II, III, and IV
				  prescription medication at least daily using a centralized medication inventory
				  form.
(c) The staff member
				  conducting the inventory shall sign and date the inventory sheet. When a
				  discrepancy exists between the administration record and the inventory count
				  form, a note explaining the reason for the discrepancy or action taken to
				  reconcile/correct the discrepancy shall be signed by the staff member
				  conducting the inventory and kept with the medication inventory
				  forms.
(d) Staff shall separate
				  unused and outdated medication immediately and dispose of it within 30
				  days.
(e) Methods used for disposal
				  shall prevent medication from being retrieved, salvaged, or used. Two staff
				  members shall witness and document disposal, including amount of medication
				  disposed and method used.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter J - MEDICATION › Section 564.1004 - Administration of Medication

Current through Reg. 49, No. 28; July 12, 2024
(a) Staff shall
				  provide and discontinue medication exactly as prescribed.
(b) Prescription medication shall be
				  administered only by nurses and other staff who are legally authorized to
				  administer medication.
(c) Clients
				  may self-administer medication under the supervision of staff who are trained
				  as described in § 148.603 of this title (relating to Training).
(d) Each dose of prescription and
				  over-the-counter medication taken by the client shall be documented in the
				  client's medication record.
(e) The
				  medication record shall include:
(1) the
				  client's name;
(2) drug allergies
				  (or the absence of known allergies);
(3) the name and dose of each
				  medication;
(4) the frequency and
				  route of each medication;
(5) the
				  date and time of each dose; and
(6)
				  the signature of the staff person who administered or supervised each
				  dose.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter K - FOOD AND NUTRITION › Section 564.1101 - Meals in Outpatient Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Programs shall provide a meal break after five consecutive hours of scheduled
				  activities.
(b) If the facility
				  prepares meals in a centralized kitchen on site, it shall pass an annual
				  kitchen health inspection as required by law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter K - FOOD AND NUTRITION › Section 564.1102 - Meals in Residential Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The residential program shall provide wholesome, well-balanced meals, according
				  to posted weekly approved menus.
(b) The program shall provide modified diets
				  to residents who medically require them as determined by a licensed health
				  professional. Special diets shall be prepared in consultation with a licensed
				  dietitian.
(c) All food shall be
				  selected, stored, prepared, and served in a safe and healthy manner.
(d) The program shall provide at least three
				  meals daily. The program shall provide packaged meals or make other
				  arrangements for clients who are scheduled to be away from the facility during
				  meal time.
(e) A licensed dietitian
				  shall approve menus and written guidelines for substitutions in advance; or
(1) approve a meal planning manual with
				  sample menus and guidelines for substitutions;
(2) approve menus prepared by new staff
				  before they plan meals independently;
(3) review a sample of menus served at least
				  annually; and
(4) provide staff
				  training as needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter K - FOOD AND NUTRITION › Section 564.1103 - Meals Prepared by Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) Staff
				  shall provide training and supervision needed to ensure compliance with the
				  rules in § 148.1102 of this title (relating to Meals in Residential
				  Programs).
(b) The program shall
				  define duties in writing and have written instructions posted or easily
				  accessible to clients.
(c) If menu
				  planning and independent meal preparation are part of the clients' treatment
				  program, a licensed dietitian shall:
(1)
				  approve the client training curriculum; and
(2) provide training or approve a training
				  program for staff that instruct and supervise clients in meal
				  preparation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter K - FOOD AND NUTRITION › Section 564.1104 - Meals Provided by a Food Service

Current through Reg. 49, No. 28; July 12, 2024
(a) When meals are provided by a food
				  service, a written contract shall require the food service to:
(1) comply with the rules in § 148.1102
				  of this title (relating to Meals in Residential Programs); and
(2) pass an annual kitchen health inspection
				  as required by law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1201 - General Physical Plant Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Physical plant requirements apply only to residential programs.
(b) The water supply shall be of safe,
				  sanitary quality, suitable for use, and adequate in quantity and pressure. The
				  water shall be obtained from a water supply system approved by the Texas
				  Natural Resource Conservation Commission (TNRCC).
(c) Sewage shall be discharged into a
				  State-approved sewage system or septic system; otherwise, the sewage must be
				  collected, treated, and disposed of in a manner which is approved by
				  TNRCC.
(d) Mobile homes,
				  recreational vehicles, and campers shall not be used for client sleeping
				  areas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1202 - Required Inspections

Current through Reg. 49, No. 28; July 12, 2024
The residential site shall pass all required inspections
					 and keep a current file of reports and other documentation needed to
					 demonstrate compliance with applicable laws and regulations. The inspections
					 must be signed, dated, and free of any outstanding corrective actions. The
					 following inspections are required:
(1) annual inspection by the local certified
				  fire inspector or the State fire marshal;
(2) annual inspection of the alarm system by
				  the fire marshal or an inspector authorized to install and inspect such
				  systems;
(3) annual kitchen
				  inspection by the local health authority or the Texas Department of
				  Health;
(4) gas pipe pressure test
				  once every three years by the local gas company or a licensed
				  plumber;
(5) annual inspection and
				  maintenance of fire extinguishers by personnel licensed or certified to perform
				  those duties; and
(6) annual
				  inspection of liquefied petroleum gas systems by an inspector certified by the
				  Texas Railroad Commission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1203 - Emergency Evacuation

Current through Reg. 49, No. 28; July 12, 2024
Every residential program shall:
(1) have emergency evacuation procedures that
				  include provisions for individuals with disabilities;
(2) hold fire drills on each shift at least
				  quarterly and correct identified problems promptly;
(3) post exit diagrams conspicuously
				  throughout the program site (except in small one-story buildings where all
				  exits are obvious); and
(4) be able
				  to clear the building safely and in a timely manner at all times.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1204 - Exits

Current through Reg. 49, No. 28; July 12, 2024
(a) Every building shall have at least two
				  well-separated exits on each story.
(b) Every route of exit shall be free of
				  hazards and obstructions, well lit, and marked clearly with illuminated exit
				  signs at all times.
(c) Rooms for
				  50 or more people shall have exit doors that swing out.
(d) No door may require a key for emergency
				  exit. Locked facilities shall have emergency exit door releases as described in
				  the Life Safety Code and approved by the fire marshal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1205 - Space, Furniture and Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The facility shall have areas for leisure and dining with adequate space for
				  the number of residents.
(b)
				  Sleeping areas shall have at least:
(1) 80
				  usable square feet per individual in single-occupancy rooms;
(2) 60 usable square feet per individual in
				  multiple-occupancy rooms (or 50 square feet per individual if bunk beds are
				  used); and
(3) 40 usable square
				  feet for each child 18 months and older and 30 usable square feet per infant
				  under 18 months.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1206 - Fire Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) A fire
				  detection, alarm, and communication system required for life safety shall be
				  installed, tested, and maintained in accordance with the facility's occupancy
				  and capacity classifications.
(b)
				  Electrical fire alarm systems shall be installed by agents registered with the
				  State fire marshal's office. The facility shall maintain a copy of the fire
				  alarm installation certificate.
(c)
				  Quarterly fire alarm system tests shall be conducted and documented by facility
				  staff.
(d) Alarms shall be loud
				  enough to be heard above normal noise levels throughout the building.
(e) Fire extinguishers shall be mounted
				  throughout the facility as required by code and approved by the fire marshal.
(1) Each laundry and walk-in mechanical room
				  shall have at least one portable A:B:C extinguisher, and each kitchen shall
				  have at least one B:C fire extinguisher.
(2) Each extinguisher shall have the required
				  maintenance service tag attached.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter L - RESIDENTIAL PHYSICAL PLANT REQUIREMENTS › Section 564.1207 - Other Physical Plant Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Occupied parts of the building shall be
				  kept between 65 degrees and 85 degrees Fahrenheit, including kitchens and
				  laundry areas. Cooling and heating shall be provided, as necessary, for
				  resident comfort.
(b) Portable
				  electric heaters and open-flame heating devices are prohibited. All
				  fuel-burning devices shall be vented.
(c) The facility shall be well ventilated
				  through the use of windows, mechanical ventilation, or a combination. Windows
				  used regularly for ventilation shall be screened.
(d) Bedrooms and bathrooms with windows shall
				  have appropriate window coverings for privacy.
(e) The facility shall have adequate internal
				  and external lighting to provide a safe environment and meet user
				  needs.
(f) There shall be at least
				  one sink, one tub or shower, and one toilet for every eight residents. All of
				  the fixtures must be in good working order and have the appropriate drain and
				  drain trap to prevent sewage gas escape back into the facility.
(g) The facility shall provide an adequate
				  supply of hot water for the number of residents and the program
				  schedule.
(h) Showers and tubs
				  shall have no-slip surfaces and curtains or other safe enclosures for
				  privacy.
(i) Clean drinking water
				  shall be readily available to all residents.
(j) Food and waste shall be stored, handled,
				  and removed in a way that will not spread disease, cause odors, or provide a
				  breeding place for pests.
(k) The
				  facility shall be kept free of insects, rodents, and vermin.
(l) Poisonous, toxic, and flammable materials
				  shall be labeled, stored, and used safely.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter M - COURT COMMITMENT SERVICES › Section 564.1301 - Court Commitment Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Facilities accepting court commitments shall be licensed to provide the
				  appropriate level of service:
(1) emergency
				  detention: residential detoxification or intensive residential
				  services;
(2) adult inpatient
				  involuntary commitments: intensive residential or residential services for
				  adults;
(3) adult outpatient
				  involuntary commitments: day treatment or outpatient services;
(4) juvenile inpatient commitments: intensive
				  residential services for adolescents; and
(5) juvenile outpatient commitments: day
				  treatment or outpatient services for adolescents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter N - THERAPEUTIC COMMUNITIES › Section 564.1401 - Therapeutic Communities

Current through Reg. 49, No. 28; July 12, 2024
(a) Programs that
				  conduct adult residential treatment services using the therapeutic community
				  (TC) methodology are required to comply with this section in addition to all
				  other rules regarding health, safety and physical plant requirements in this
				  chapter. This section of the rules does not apply to those programs serving
				  adolescents. Adolescent programs shall follow the minimum service and staffing
				  requirements in the other sections of this chapter.
(b) A TC methodology to treatment is
				  distinguished from other models of care by the following:
(1) TCs are highly structured residential
				  programs intended to treat criminal and antisocial behaviors occurring with
				  substance abuse or dependence.
(2)
				  This model views recovery from these disorders as a developmental learning
				  process in which the social and psychological characteristics of the client
				  must be changed to one of "right living" and the client must adopt appropriate
				  morals and values promoted by the program as opposed to solely recovering from
				  an illness.
(3) The model utilizes
				  the community itself and TC specific group-type meetings as the primary
				  modality of change. Confrontation amongst clients regarding their behaviors, a
				  carefully orchestrated consequence-reward system and hierarchical privilege
				  system are the primary approaches utilized instead of the counseling and
				  therapy utilized in other models of treatment.
(4) Counselors act primarily as role models
				  and rational authorities rather than as counselors or therapists.
(5) The model expects the client length of
				  stay to be a minimum of 90 days in order to achieve positive
				  outcomes.
(6) The program is
				  divided into 3 phases: The Orientation Phase (Information Dissemination),
				  Primary Treatment Phase (Personal Application), and Re-Entry/Relapse Prevention
				  Phase (Social Application).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter O - FAITH BASED CHEMICAL DEPENDENCY PROGRAMS › Section 564.1501 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Medical
				  Care--Diagnosis or treatment of a physical or mental disorder.
(2) Medical Detoxification Services--Chemical
				  dependency treatment designed to systematically reduce the amount of alcohol
				  and other toxic chemicals in a client's body, manage withdrawal symptoms, and
				  encourage the client to seek ongoing treatment for chemical
				  dependency.
(3) Medical Withdrawal
				  Service--See Medical Detoxification Services.
(4) Program--For the purposes of this
				  subchapter, program means a system of care delivered to chemically dependent
				  individuals.
(5) Religious
				  Organization--A church, synagogue, mosque, or other religious institution:
(A) the purpose of which is the propagation
				  of religious beliefs; and
(B) that
				  is exempt from Federal income tax under Section 501(a) of the Internal Revenue
				  Code of 1986,
				  26 U.S.C.
				  §501(a), by being
				  listed as an exempt organization under §501(c) of that code,
				  26 U.S.C.
				  §501(c).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter O - FAITH BASED CHEMICAL DEPENDENCY PROGRAMS › Section 564.1502 - Exemption for Faith-Based Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  chemical dependency treatment program is exempt from licensure under TEX.
				  HEALTH & SAFETY CODE ANN. §§464.051-.061 (Vernon 2001 & Supp.
				  2004) if it:
(1) is conducted by a religious
				  organization;
(2) is exclusively
				  religious, spiritual, or ecclesiastical in nature;
(3) does not treat minors; and
(4) is registered under this
				  chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter O - FAITH BASED CHEMICAL DEPENDENCY PROGRAMS › Section 564.1503 - Registration for Exempt Faith-Based Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) To register its exemption, the religious
				  organization shall complete and submit these documents to the Commission:
(1) a registration application;
(2) a copy of the determination letter from
				  the Internal Revenue Service documenting the organization's tax exempt status
				  under the Internal Revenue Code (26 U.S.C.
				  §501(c)(3);
				  and
(3) a copy of the
				  organization's articles of incorporation documenting that the primary purpose
				  of the organization is the propagation of religious beliefs or a letter from
				  the State of Texas Comptroller's Office documenting the organization's
				  religious tax exemption status.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter O - FAITH BASED CHEMICAL DEPENDENCY PROGRAMS › Section 564.1504 - Admission to Faith-Based Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An exempt program registered under this section may not admit an individual
				  unless the individual signs the admission statement at the time of
				  admission.
(b) The program shall
				  keep the original signed admission statement and give a copy of it to the
				  individual admitted.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter O - FAITH BASED CHEMICAL DEPENDENCY PROGRAMS › Section 564.1505 - Advertisement

Current through Reg. 49, No. 28; July 12, 2024
(a) An exempt program registered under this
				  section must include a notice in any advertisements or literature that promotes
				  or describes the program or its chemical dependency treatment
				  services.
(b) This statement shall
				  reflect the following: The treatment and recovery services at (name of program)
				  are exclusively religious in nature and are not subject to licensure or
				  regulation by the Texas Commission on Alcohol and Drug Abuse. This program
				  offers only non-medical treatment and recovery methods, such as prayer, moral
				  guidance, spiritual counseling, and scriptural study.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter O - FAITH BASED CHEMICAL DEPENDENCY PROGRAMS › Section 564.1506 - Revocation of Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission may revoke the exemption after notice and hearing if:
(1) the organization conducting the program
				  fails to inform the Commission of any material changes in the program's
				  registration information in a timely manner;
(2) any program advertisement or literature
				  fails to include the statements required under this section; or
(3) the organization violates TEX. HEALTH
				  & SAFETY CODE ANN. §§464.051-.061 (Vernon 2001 & Supp. 2004)
				  or any Commission rule adopted under the subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter A - EMERGENCY RESPONSE SYSTEM › Section 565.1 - Emergency Response System

Current through Reg. 49, No. 28; July 12, 2024
(a) The program
				  provider designee must enroll in an emergency communication system in
				  accordance with instructions from HHSC.
(b) The program provider designee must
				  respond to requests for information received through the emergency
				  communication system in the format established by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter B - OVERVIEW › Section 565.2 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this
				  chapter is to promote the health, safety, and welfare of the individuals in the
				  Home and Community-based Services (HCS) program by establishing the minimum
				  health and safety expectations and responsibilities of a HCS program
				  provider.
(b) This chapter applies
				  to program providers.
(c) The Texas
				  Health and Human Services Commission will use the rules in this chapter to
				  establish regulatory compliance by a program provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter B - OVERVIEW › Section 565.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Abuse--Considered to
				  be:
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional
				  abuse.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter C - CERTIFICATION STANDARDS: INDIVIDUAL'S RIGHTS › Section 565.5 - Rights of Individuals

Current through Reg. 49, No. 28; July 12, 2024
(a) The program
				  provider cannot prohibit:
(1) an individual,
				  or the legally authorized representative (LAR) on behalf of the individual,
				  from exercising the same rights and responsibilities exercised by people
				  without disabilities; and
(2) a LAR
				  or family members from encouraging the individual to exercise the same rights
				  and responsibilities exercised by people without
				  disabilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter D - CERTIFICATION STANDARDS: STAFF MEMBER AND SERVICE PROVIDER REQUIREMENTS › Section 565.7 - Staff Member and Service Provider Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The program
				  provider must employ or contract with a person who oversees the provision of
				  Home and Community-based Services Program (HCS) Program services and CFC
				  services to an individual. The person must:
(1) have at least three years paid work
				  experience in planning and providing HCS Program services or CFC services to an
				  individual with an intellectual disability or related condition as verified by
				  written statements from the person's employer;
(2) have at least three years of experience
				  planning and providing services like HCS Program services or CFC services to a
				  person with an intellectual disability or related condition as verified by
				  written statements from organizations or agencies that provided services to the
				  person; or
(3) have at least three
				  years of experience on a microboard with duties that include overseeing,
				  planning, or providing services to an individual with an intellectual
				  disability or related condition as verified, in a statement by the board of
				  directors of the non-profit corporation that the person is a member of the
				  microboard.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter D - CERTIFICATION STANDARDS: STAFF MEMBER AND SERVICE PROVIDER REQUIREMENTS › Section 565.9 - Program Provider Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The program
				  provider must ensure the continuous availability of trained and qualified
				  service providers to deliver the required services, as determined by the
				  individual's needs and characteristics.
(b) The program provider must:
(1) comply with 40 Texas Administrative Code
				  (TAC) §49.304 (relating to Background Checks);
(2) comply with 40 TAC §
											49.312(relating to Personal
				  Attendants), including when the service provider of supported home living or
				  CFC personal assistance services/habilitation (CFC PAS/HAB) is employed by or
				  contracts with a contractor of a program provider;
(3) obtain the criminal history record of the
				  potential staff member or potential contractor from the Texas Department of
				  Public Safety directly or through a private agency before hiring or contracting
				  with the potential staff member;
(4) not employ or contract with a potential
				  staff member, service provider, or volunteer who:
(A) has been convicted of an offense listed,
				  and for the time periods set forth, in Texas Health and Safety Code §
												250.006;
(B) is a registered sex offender;
				  or
(C) has been convicted of an
				  offense that the program provider determines is a
				  contraindication;
(5)
				  search the following registries before hire or execution of a contract and
				  every 12 months thereafter to determine if a staff member or service provider
				  is eligible for employment:
(A) the Employee
				  Misconduct Registry; and
(B) the
				  Nurse Aide Registry;
(6)
				  search the following registries before hire or execution of a contract and
				  every month thereafter to determine if an employee or contractor is eligible
				  for employment:
(A) the List of Excluded
				  Individuals and Entities maintained by the United States Department of Health
				  and Human Services; and
(B) the
				  List of Excluded Individuals and Entities maintained by the Texas Health and
				  Human Services Commission (HHSC) Office of Inspector General;
				  and
(7) not hire or
				  continue employment for a staff member or service provider who is listed on:
(A) the Employee Misconduct Registry as
				  unemployable;
(B) the Nurse Aide
				  Registry as revoked or suspended;
(C) the List of Excluded Individuals and
				  Entities maintained by the United States Department of Health; or
(D) the List of Excluded Individuals and
				  Entities maintained by Health and Human Services office of Inspector General or
				  by HHSC Office of Inspector General.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter E - CERTIFICATION STANDARDS: SERVICE DELIVERY › Section 565.15 - Individuals under the Age of 22

Current through Reg. 49, No. 28; July 12, 2024
The program provider must:
(1) request from and encourage the parent or
				  legally authorized representative (LAR) of an individual under 22 years of age
				  receiving supervised living or residential support to provide the program
				  provider with the following information:
(A)
				  the parent's or LAR's:
(i) name;
(ii) address;
(iii) telephone number;
(iv) driver license number and state of
				  issuance or personal identification card number issued by the Department of
				  Public Safety; and
(v) place of
				  employment and the employer's address and telephone number;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter E - CERTIFICATION STANDARDS: SERVICE DELIVERY › Section 565.17 - Pre-enrollment Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
The program provider must provide pre-enrollment minor home
					 modifications and a pre-enrollment minor home modifications assessment in
					 accordance with this subsection.
(1)
				  The program provider must:
(A) complete a
				  pre-enrollment minor home modifications assessment in accordance with the
Home and Community-based Services (HCS) Program Billing
				  Requirements;
(B) provide
				  pre-enrollment minor home modifications to an applicant for whom the program
				  provider receives from the service coordinator a completed Pre-enrollment Minor
				  Home Modifications/Assessments Authorization form authorized by the Texas
				  Health and Human Services Commission (HHSC), as described in §
											263.104(k)(8)(C)
				  of this title (relating to Process for Enrollment of Applicants);
(C) provide to the applicant the specific
				  pre-enrollment minor home modifications identified on the form;
(D) provide the pre-enrollment minor home
				  modifications for the applicant within the monetary amount identified on the
				  form;
(E) ensure pre-enrollment
				  minor home modifications and pre-enrollment minor home modifications
				  assessments are provided in accordance with Appendix C of the HCS Program
				  waiver application approved by the Centers for Medicare and Medicaid Services
				  (CMS) and found on the HHSC website; and
(F) complete the pre-enrollment minor home
				  modifications at least two days before the date of the applicant's discharge
				  from the nursing facility, intermediate care facility for individuals with an
				  intellectual disability or related conditions (ICF/IID), or general residential
				  operation (GRO) unless the delay in completion is beyond the control of the
				  program provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter E - CERTIFICATION STANDARDS: SERVICE DELIVERY › Section 565.19 - Community First Choice (CFC) Emergency Response Systems (ERS) Services

Current through Reg. 49, No. 28; July 12, 2024
CFC ERS must be provided in accordance with this
					 section.
(1) A program provider must
				  ensure that CFC ERS is provided only to an individual who:
(A) is not receiving host home/companion
				  care, supervised living, or residential support;
(B) lives alone, who is alone for significant
				  parts of the day, or has no regular caregiver for extended periods of time;
				  and
(C) would otherwise require
				  extensive routine supervision.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter E - CERTIFICATION STANDARDS: SERVICE DELIVERY › Section 565.21 - Transitional Assistance Service (TAS)

Current through Reg. 49, No. 28; July 12, 2024
The program provider must provide TAS in accordance with
					 this section.
(1) The program provider
				  must:
(A) provide TAS to an applicant for
				  whom the program provider receives from the service coordinator a completed
				  Form 8604,
Transition Assistance Services (TAS) Assessment and
				  Authorization
authorized by HHSC, as described in §
											263.104(k)(6)(C)
				  of this title (relating to Process for Enrollment of Applicants);
(B) purchase TAS for the applicant within the
				  monetary amount identified on the form;
(C) deliver to the applicant the specific TAS
				  identified on the form;
(D) ensure
				  TAS is provided in accordance with the individual's person-directed plan and
				  Appendix C of the HCS Program waiver application approved by the Centers for
				  Medicare and Medicaid and found on the HHSC website; and
(E) complete the delivery of TAS at least two
				  days before the date of the applicant's discharge from the nursing facility,
				  ICF/IID, or GRO unless the delay in completion is beyond the control of the
				  program provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter F - CERTIFICATION STANDARDS: QUALITY ASSURANCE › Section 565.25 - Programmatic Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Before providing
				  services to an individual in a residence in which supervised living or
				  residential support is provided, and annually thereafter, the program provider
				  must:
(1) conduct an on-site inspection to
				  ensure that, based on the individual's needs, the environment is safe,
				  accessible and suited for the individual's abilities, and complies with
				  applicable federal, state, and local regulations for the community in which the
				  individual lives;
(2) complete any
				  action identified in the on-site inspection for a residence in which supervised
				  living or residential support will be provided:
(A) before an individual moves in;
				  or
(B) within 30 days if an
				  individual is already in the residence; and
(C) document justification for any actions
				  that cannot be completed before the individual moving in or within 30 days with
				  a plan for completion.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter F - CERTIFICATION STANDARDS: QUALITY ASSURANCE › Section 565.27 - Finances and Rent

Current through Reg. 49, No. 28; July 12, 2024
(a) The program
				  provider must comply with this subsection regarding charges against an
				  individual's personal funds.
(1) The program
				  provider must, in accordance with this paragraph, collect a monthly amount for
				  room from an individual who lives in a three-person or four-person residence.
				  The cost for room must consist only of:
(A) an
				  amount equal to:
(i) rent of a comparable
				  dwelling in the same geographical area that is unfurnished; or
(ii) the program provider's ownership
				  expenses, limited to the interest portion of a mortgage payment, depreciation
				  expense, property taxes, neighborhood association fees, and property insurance;
				  and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter F - CERTIFICATION STANDARDS: QUALITY ASSURANCE › Section 565.29 - Behavior Support Plan

Current through Reg. 49, No. 28; July 12, 2024
If the program provider determines that an individual's
					 behavior may require the implementation of behavior management techniques
					 involving intrusive interventions or restriction of the individual's rights,
					 the program provider must comply with this section.
(1) The program provider must:
(A) obtain an assessment of the individual's
				  needs and current level and severity of the behavior; and
(B) ensure that a service provider of
				  behavioral support services:
(i) develops,
				  with input from the individual, legally authorized representative (LAR),
				  program provider, and actively involved persons, a behavior support plan that
				  includes the use of techniques appropriate to the level and severity of the
				  behavior; and
(ii) considers the
				  effects of the techniques on the individual's physical and psychological
				  well-being in developing the plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 565 - HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS › Subchapter F - CERTIFICATION STANDARDS: QUALITY ASSURANCE › Section 565.31 - Requirements Related to Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider
				  must:
(1) ensure that an individual and
				  legally authorized representative (LAR), at the time the individual begins
				  receiving a Home and Community-based Services (HCS) Program or Community First
				  Choice (CFC) service and at least annually thereafter, are:
(A) informed of how to report allegations of
				  abuse, neglect, or exploitation to:
(i) the
				  Texas Department of Family and Protective Services (DFPS) and given the
				  toll-free telephone number, 1-800-647-7418, in writing; and
(ii) HHSC Complaint and Incident Intake (CII)
				  by calling the toll-free telephone number, 1-800-458-9858;
				  and