Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter X - REQUIREMENTS FOR MEDICAID-CERTIFIED FACILITIES › Section 554.2322 - Medicaid Bed Allocation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The words and terms, when
				  used in this section, have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Applicant--An
				  individual or entity requesting a bed allocation waiver or exemption.
(2) Assignment of rights--The Health and
				  Human Services Commission (HHSC) conveyance of a specific number of allocated
				  Medicaid beds from a nursing facility or entity to another entity for purposes
				  of constructing a new nursing facility or for any other use as authorized by
				  this chapter.
(3) Bed
				  allocation--The process by which HHSC controls the number of nursing facility
				  beds that are eligible to become Medicaid-certified in each nursing
				  facility.
(4) Bed
				  certification--The process by which HHSC certifies compliance with state and
				  federal Medicaid requirements for a specified number of Medicaid beds allocated
				  to a nursing facility.
(5) County
				  or precinct occupancy rate--The number of residents, regardless of source of
				  payment, occupying certified Medicaid beds in a county divided by the number of
				  Medicaid beds allocated in the county, including Medicaid beds that are
				  certified and Medicaid beds that have been allocated but are not certified. In
				  the four most populous counties in the state, the occupancy rate is calculated
				  for each county commissioner precinct.
(6) Licensee--The individual or entity,
				  including a controlling person, that is:
(A)
				  an applicant for licensure by HHSC under Chapter 242 of the Texas Health and
				  Safety Code and for Medicaid certification;
(B) licensed by HHSC under Chapter 242 of the
				  Texas Health and Safety Code; or
(C) licensed under Chapter 242 of the Texas
				  Health and Safety Code and holds the contract to provide Medicaid
				  services.
(7) Lien
				  holder--The individual or entity that holds a lien against a physical
				  plant.
(8) Multiple-facility
				  owner--An individual or entity that owns, controls, or operates under lease two
				  or more nursing facilities within or across state lines.
(9) Occupancy rate--The number of residents
				  occupying certified Medicaid beds divided by the number of certified Medicaid
				  beds in a nursing facility.
(10)
				  Open solicitation period--A period during which an individual or entity may
				  apply for an allocation of Medicaid beds in a high-occupancy county or
				  precinct.
(11) Physical plant--The
				  land and attached structures to which beds are allocated or for which an
				  application for bed allocation has been submitted.
(12) Property owner--The individual or entity
				  that owns a physical plant.
(13)
				  Transfer of beds--HHSC conveyance of a specific number of allocated Medicaid
				  beds from an existing nursing facility or entity to another existing licensed
				  nursing facility. The nursing facility may use the Transferred Medicaid beds to
				  increase the number of Medicaid-certified beds currently licensed or to
				  increase the number of Medicaid-certified beds when additional licensed beds
				  are added to the nursing facility in the future.