reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.69 - Medications

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration.
(1) A facility must ensure that a person who
				  administers medications to clients who choose not to or who cannot
				  self-administer his or her medications holds a current license under applicable
				  state law that authorizes the licensee to administer medications.
(2) A facility must ensure that all
				  medication prescribed to a client that is administered at the facility is
				  dispensed through a pharmacy or by the client's prescribing
				  practitioner.
(3) A facility may
				  administer sample medications at the facility if the medication has been
				  prescribed to the client and includes specific dosage instructions for the
				  client.
(4) A facility must record
				  a client's medications on the client's medication profile record. The recorded
				  information must be obtained from the prescription label and must include the
				  medication name, strength, dosage, amount received, directions for use, route
				  of administration, prescription number, pharmacy name, and date each medication
				  was issued by the pharmacy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.71 - Accident, Injury, or Acute Illness

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility must
				  stock and maintain in a single location first aid supplies to treat burns,
				  cuts, and poisoning.
(b) In the
				  event of accident or injury to a client requiring emergency medical, dental, or
				  nursing care, or in the event of death of a client, a facility must:
(1) arrange for emergency care or transfer of
				  the client to an appropriate place for treatment, including:
(A) a physician's or practitioner's
				  office;
(B) a clinic; or
(C) a hospital;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.73 - Menus

Current through Reg. 49, No. 28; July 12, 2024
A facility that prepares meals on-site must:
(1) serve meals according to the
				  menu;
(2) plan, date, post a menu
				  at least two weeks in advance, maintain a copy of the menu; and
(3) ensure that a special diet meal ordered
				  by a client's prescribing practitioner and developed by the dietician
				  consultant is labeled with the client's name and type of diet.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.75 - Client Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Retention of
				  Records. The retention of client records must comply with the following.
(1) Client records must be retained for five
				  years after the client's services end.
(2) A facility must safeguard a client's
				  records against loss, destruction, or unauthorized use.
(3) A facility must keep confidential all
				  information contained in a client's records, except when release is:
(A) required by law or this
				  chapter;
(B) to the client or
				  client representative, where permitted by applicable law;
(C) for treatment, payment, or health care
				  operations, as permitted by and in compliance with applicable law; or
(D) for public health activities, reporting
				  of abuse, neglect, or domestic violence, health oversight activities, judicial
				  and administrative proceedings, law enforcement purposes, organ donation
				  purposes, research purposes, or to coroners, medical examiners, funeral
				  directors, or to avert a serious threat to health or safety as permitted by and
				  in compliance with applicable law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.77 - Peer Review

Current through Reg. 49, No. 28; July 12, 2024
A facility must adopt and enforce a written policy to
					 ensure that all professional disciplines comply with their professional
					 practice acts or title acts relating to reporting and peer
					 review.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter D - STANDARDS FOR LICENSURE › Section 559.79 - Emergency Preparedness and Response

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Designated emergency contact--A person
				  whom a client, or a client's representative, identifies in writing for the
				  facility to contact in the event of a disaster or emergency.
(2) Disaster or emergency--An impending,
				  emerging, or actual situation that:
(A)
				  interferes with normal activities of a facility or its clients;
(B) may:
(i)
				  cause injury or death to a client or staff member of the facility; or
(ii) cause damage to facility
				  property;
(C) requires
				  the facility to respond immediately to mitigate or avoid the injury, death,
				  damage, or interference; and
(D)
				  does not include a situation that arises from the medical condition of a client
				  such as cardiac arrest, obstructed airway, cerebrovascular accident.
(3) Emergency management
				  coordinator (EMC)--The person appointed by the local mayor or county judge to
				  plan, coordinate, and implement public health emergency preparedness planning
				  and response within the local jurisdiction.
(4) Emergency preparedness coordinator
				  (EPC)--The facility staff person with the responsibility and authority to
				  direct, control, and manage the facility's response to a disaster or
				  emergency.
(5) Plan--A facility's
				  emergency preparedness and response plan.
(6) Risk assessment--The process of
				  evaluating, documenting, and examining potential disasters or emergencies that
				  pose the highest risk to the facility and assessing their foreseeable impacts
				  based on the facility's geographical location, structural conditions, client
				  needs and characteristics, and other influencing factors, to develop an
				  effective emergency preparedness and response plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter E - INSPECTIONS, SURVEYS, AND VISITS › Section 559.83 - Determinations and Actions Pursuant to Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
				  determines if a facility meets the licensing rules, including both physical
				  plant and facility operation requirements.
(b) Violations of regulations are listed on
				  forms designed for the purpose of the inspection.
(c) At the conclusion of an inspection or
				  survey, any violations are discussed in an exit conference with the facility's
				  management. HHSC leaves s written list of violations with the facility at the
				  time of the exit conference.
(d) If
				  additional violations are cited after the initial exit conference, the
				  violations are communicated to the facility within 10 working days after the
				  initial exit conference.
(e) HHSC
				  provides a clear and concise written summary in nontechnical language of each
				  licensure inspection, inspection of care, and complaint investigation. The
				  summary outlines significant violations noted at the time of the inspection or
				  survey but does not include names of clients, staff, or any other information
				  that would identify individual clients or other prohibited information under
				  general rules of public disclosure. The summary is provided to the facility at
				  the time the report of contact or similar document is provided.
(f) Upon receipt of the final statement of
				  violations, the facility has 10 working days to submit an acceptable plan of
				  correction to the HHSC Regulatory Services Regional Office director. An
				  acceptable plan of correction must address:
(1) how the facility will accomplish the
				  corrective action for those clients affected by each violation;
(2) how the facility will identify other
				  clients with the potential to be affected by the same violation;
(3) how the facility will put the corrective
				  measure into practice or make systemic changes to ensure that the violation
				  does not recur;
(4) how the
				  facility will monitor the corrective action to ensure that the violation is
				  corrected and will not recur; and
(5) the date the corrective action will be
				  completed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter E - INSPECTIONS, SURVEYS, AND VISITS › Section 559.85 - Referrals to the Attorney General

Current through Reg. 49, No. 28; July 12, 2024
HHSC may refer a facility to the attorney general who may
					 petition a district court for:
(1) a
				  temporary restraining order to restrain a person from a violation or threatened
				  violation of the requirements or any other law affecting clients if HHSC
				  reasonably believes that the violation or threatened violation creates an
				  immediate threat to the health and safety of a client; and
(2) an injunction to restrain a person from a
				  violation or threatened violation of the requirements or any other law
				  affecting clients if HHSC reasonably believes that the violation or threatened
				  violation creates a threat to the health and safety of a client.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter E - INSPECTIONS, SURVEYS, AND VISITS › Section 559.87 - Procedures for Inspection of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures for
				  inspection of public records are in accordance with Texas Government Code,
				  Chapter 552, and as further described in this section.
(b) The HHSC Regulatory Services Division is
				  responsible for the maintenance and release of records on licensed facilities
				  and other related records.
(c) The
				  application for inspection of public records is subject to the following
				  criteria.
(1) The application must be made to
				  Regulatory Services, Texas Health and Human Services Commission, Mail Code
				  E-349, P.O. Box 149030, Austin, Texas 78714-9030.
(2) The requester must identify himself or
				  herself.
(3) The requester must
				  specify the records requested.
(4)
				  On written applications, if HHSC is unable to ascertain what records are being
				  requested, HHSC may return the written application to the requester for
				  clarification.
(5) HHSC provides
				  the requested records as soon as possible; however, if the records are in
				  active use, or in storage, or time is needed for proper de-identification or
				  preparation of the records for inspection, HHSC so advises the requester and
				  sets an hour and date within a reasonable time when the records will be
				  available.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.91 - Definitions of Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the definitions of abuse,
					 neglect, and exploitation are those found in Chapter 48, Human Resources Code,
					 and §559.3 of this chapter (relating to Definitions).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.92

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.93 - Abuse, Neglect, or Exploitation Reportable to HHSC by Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any facility staff who has reasonable cause to believe that a client is
				  experiencing abuse, neglect, or exploitation must report the abuse, neglect, or
				  exploitation to HHSC's state office at 1-800-458-9858 immediately and must
				  follow the facility's internal policies regarding abuse, neglect, or
				  exploitation.
(b) The following
				  information must be reported to HHSC:
(1)
				  name, age, and address of the client;
(2) name and address of the person
				  responsible for the care of the client, if available;
(3) nature and extent of the elderly or
				  disabled person's condition;
(4)
				  basis of the reporter's knowledge; and
(5) any other relevant information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.94

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.95 - Complaint Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint is
				  any allegation received by HHSC regarding abuse, neglect, or exploitation of a
				  client or a violation of state standards.
(b) HHSC must give the facility notification
				  of the complaint received and a summary of the complaint, without identifying
				  the source of the complaint.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.97 - Investigations of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC only
				  investigates complaints of abuse, neglect, or exploitation when the act occurs
				  in the facility, the licensed facility is responsible for the supervision of
				  the client at the time the act occurs, or the alleged perpetrator is affiliated
				  with the facility. HHSC refers complaints of abuse, neglect, or exploitation
				  not meeting these criteria to the Texas Department of Family and Protective
				  Services.
(b) Complaint
				  investigations must include a visit to the facility and consultation with
				  persons thought to have knowledge of the relevant circumstances. If the
				  facility fails to admit HHSC staff for a complaint investigation, HHSC seeks a
				  probate or county court order for admission. Investigators may request of the
				  court that a peace officer accompany them during investigations.
(c) In cases concluded to be physical abuse,
				  HHSC submits the written report of the investigation to the appropriate law
				  enforcement agency.
(d) In cases
				  concluded to be abuse, neglect, or exploitation of a client with a guardian,
				  HHSC submits the written report of the investigation to the probate or county
				  court that oversees the guardianship.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter F - ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS › Section 559.99 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
All reports, records, communications, and working papers
					 used or developed by HHSC in an investigation are confidential and may be
					 released only as provided in this section.
(1) HHSC may furnish the final written
				  investigation report on cases to the district attorney and law enforcement
				  agencies exercising jurisdiction if the investigation reveals abuse that is a
				  criminal offense. HHSC may provide to another state agency or governmental
				  entity information that is necessary for HHSC, the state agency, or entity to
				  properly execute its duties and responsibilities to provide services to the
				  elderly or disabled.
(2) HHSC may
				  release the final written investigation report to the public upon request
				  provided the report is de-identified to remove all names and other personally
				  identifiable data, including any information from witnesses and other person
				  furnished to HHSC as part of the investigation.
(3) HHSC notifies the reporter and the
				  facility of the results of HHSC's investigation of a reported case of abuse,
				  neglect, or exploitation, regardless of whether HHSC concluded that abuse,
				  neglect, or exploitation occurred or did not occur.
(4) Upon the written request of the person
				  who is the subject of a report of abuse, neglect, or exploitation, his or her
				  legal representative, or the personal representative of the person's estate if
				  he or she is deceased, HHSC releases to the person or the representative
				  otherwise confidential information relating to the final report. The request
				  must specify the information desired and be signed and dated by the person
				  making the request. A legal representative or personal representative must also
				  specify the reason the information is requested and include with the request
				  sufficient documentation to establish his or her authority as the
				  representative. HHSC edits the information requested before release to protect
				  the confidentiality of information related to the reporter's identify and to
				  protect any other individual whose safety or welfare may be endangered by
				  disclosure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter G - ENFORCEMENT › Section 559.101 - Nonemergency Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may suspend
				  a facility's license when the facility's violation of the licensure rules
				  threatens to jeopardize the health and safety of clients.
(b) Suspension of a license may occur
				  simultaneously with any other enforcement provision available to
				  HHSC.
(c) HHSC notifies the
				  facility of its intent to suspend the license, including the facts or conduct
				  alleged to warrant the suspension. The facility has an opportunity to show
				  compliance with all requirements of law for retention of the license as
				  provided in §559.33 of this chapter (relating to Opportunity to Show
				  Compliance). If the facility requests an opportunity to show compliance, HHSC
				  gives the license holder a written affirmation or reversal of the
				  proposedaction.
(d) HHSC notifies
				  the facility of a suspension of the facility's license. If HHSC suspends a
				  facility's license, the licensee may request a formal appeal by following
				  HHSC's formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating
				  to Hearings Under the Administrative Procedure Act). A formal administrative
				  hearing is conducted in accordance with Texas Government Code, Chapter 2001,
				  and the formal hearing procedures in 1 TAC Chapter 357, Subchapter I. The
				  suspension takes effect when the deadline for appeal of the suspension passes
				  unless the facility appeals the suspension. If the facility appeals the
				  suspension, the status of the license holder is preserved until final
				  disposition of the contested matter. The license holder must return the license
				  to HHSC within 72 hours of passing the appeal deadline or, if an appeal is
				  filed, the final disposition of the appeal.
(e) The suspension remains in effect until
				  HHSC determines that the reason for suspension no longer exists. A suspension
				  may last no longer than the term of the license. HHSC conducts an on-site
				  investigation before making a determination to lift a suspension.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter G - ENFORCEMENT › Section 559.103 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may revoke a facility's license when
				  the license holder has violated the requirements of Texas Human Resources Code,
				  Chapter 103.
(b) In addition, HHSC
				  may revoke a license if the licensee:
(1)
				  submitted false or misleading statements in the application for a license or
				  any accompanying attachments;
(2)
				  used other evasive means to obtain the license;
(3) concealed a material fact in the
				  application for a license or failed to disclose information required in §
											559.19 of this chapter (relating
				  to Applicant Disclosure Requirements) that would have been the basis to deny
				  the license under §559.31 of this chapter (relating to Criteria for
				  Denying a License or Renewal of a License); or
(4) violated the rules adopted under this
				  chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter G - ENFORCEMENT › Section 559.105 - Emergency Suspension and Closing Order

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC suspends a
				  facility's license or orders an immediate closing of part of the facility if:
(1) HHSC finds that the facility is operating
				  in violation of the licensure rules; and
(2) the violation creates an immediate threat
				  to the health and safety of a client.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter G - ENFORCEMENT › Section 559.107 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may assess
				  an administrative penalty if a facility:
(1)
				  violates Texas Human Resources Code, Chapter 103, a rule, standard, or order
				  adopted under this chapter, or a term of a license issued under this
				  chapter;
(2) makes a false
				  statement of a material fact that the facility knows or should know is false:
(A) on an application for a license or a
				  renewal of a license or in an attachment to the application; or
(B) with respect to a matter under
				  investigation by HHSC;
(3) refuses to allow an HHSC representative
				  to inspect:
(A) a book, record, or file
				  required to be maintained by a facility; or
(B) any portion of the premises of a
				  facility;
(4) willfully
				  interferes with the work of a representative of HHSC or the enforcement of this
				  chapter;
(5) willfully interferes
				  with an HHSC representative who is preserving evidence of a violation of Texas
				  Human Resources Code, Chapter 103, a rule adopted under this chapter, or a term
				  of a license issued under this chapter;
(6) fails to pay a penalty assessed under
				  Texas Human Resources Code, Chapter 103, or a rule adopted under this chapter
				  not later than the 30th day after the date the assessment of the penalty
				  becomes final; or
(7) fails to
				  notify HHSC of a change of ownership before the effective date of the change of
				  ownership.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 1 - INTRODUCTION › Section 559.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
					 this subchapter is to establish licensing procedures, standards, and
					 requirements for an individualized skills and socialization provider licensed
					 as a Day Activity and Health Services (DAHS) facility in accordance with Texas
					 Human Resources Code Chapter 103.
(b) This subchapter applies to an
					 individualized skills and socialization provider and the provision of on-site
					 and off-site individualized skills and socialization services.
(c) This subchapter does not apply to:
(1) a DAHS facility providing services in the
					 DAHS program; or
(2) the provision
					 of in-home individualized skills and socialization in the Home and
					 Community-based Services and Texas Home Living waiver
					 programs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.207 - Increase in Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) During the license
					 term, a license holder may not increase capacity without approval from the
					 Texas Health and Human Services Commission (HHSC). The license holder must
					 submit to HHSC a complete application for increase in capacity through the
					 online licensure portal.
(b) Upon
					 approval of an increase in capacity, HHSC will issue a new license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.209 - Renewal Procedures and Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) A license issued
					 under this chapter:
(1) must be renewed
					 before the license expiration date; and
(2) is not automatically renewed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.211 - Change of Ownership and Notice of Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of
					 this section, a temporary change of ownership license is a temporary license
					 issued to an applicant who proposes to become the license holder of a current
					 individualized skills and socialization provider that exists on the date the
					 application is submitted.
(b) A
					 license holder may not transfer its license. The applicant (new license holder)
					 must obtain a temporary change of ownership license followed by an initial
					 three-year license in accordance with this section. When the Texas Health and
					 Human Services Commission (HHSC) approves the change of ownership by issuing a
					 temporary change of ownership license to the new license holder, the current
					 license holder's license becomes invalid as of the effective date of the change
					 of ownership indicated in the change of ownership application. Between the
					 effective date of the change of ownership and the issuance of the temporary
					 change of ownership license, the existing license holder remains responsible
					 under its license; however, the applicant may operate as the individualized
					 skills and socialization provider on behalf of the current license holder
					 during such time period.
(c) The
					 applicant must submit to HHSC through the online licensure portal:
(1) a complete change of ownership
					 application for a license in accordance with HHSC instructions and §
												559.205 of this subchapter
					 (relating to Criteria for Licensing) or an incomplete application with a letter
					 explaining the circumstances that prevented the inclusion of the missing
					 information;
(2) the application
					 fee, in accordance with §
												559.219 of this subchapter
					 (relating to License Fees); and
(3)
					 a signed and notarized Change of Ownership Transfer Affidavit HHSC Form 1092
					 from the applicant and the individualized skills and socialization provider's
					 current license holder of intent to transfer the individualized skills and
					 socialization provider operation from the current license holder to the
					 applicant, beginning on the change of ownership effective date specified on the
					 change of ownership application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.213 - Time Periods for Processing Licensing Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
					 and Human Services Commission (HHSC) will process only applications received
					 within 60 days before the requested date of the issuance of the
					 license.
(b) An application is
					 complete when all requirements for licensing have been met, including
					 compliance with standards and payment of the licensing fee. If a survey for
					 compliance is required, the application is not complete until the survey has
					 occurred, reports have been reviewed, and the applicant complies with the
					 standards.
(c) HHSC will notify
					 applicants within 30 days after receipt of the application if any of the
					 following applications are incomplete:
(1)
					 initial application;
(2) change of
					 ownership;
(3) renewal;
					 and
(4) increase in capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.215 - Criteria for Denying a License or Renewal of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
					 and Human Services Commission (HHSC) may deny an initial license or renewal of
					 a license if any person described in §
											559.205(h) of
					 this subchapter (relating to Criteria for Licensing):
(1) is subject to denial or refusal as
					 described in Chapter 560 of this title (relating to Denial or Refusal of
					 License) during the time frames described in that chapter;
(2) substantially fails to comply with the
					 requirements described in §
												559.225 of this subchapter
					 (relating to General Requirements) and §
												559.227 of this subchapter
					 (relating to Program Requirements), including:
(A) noncompliance that poses a serious threat
					 to health and safety; or
(B) a
					 failure to maintain compliance on a continuous basis;
(3) aids, abets, or permits a substantial
					 violation described in paragraph (2) of this subsection about which the person
					 had or should have had knowledge;
(4) fails to provide the required
					 information, facts, or references;
(5) knowingly provides the following false or
					 fraudulent information:
(A) submits false or
					 intentionally misleading statements to HHSC;
(B) uses subterfuge or other evasive means of
					 filing;
(C) engages in subterfuge
					 or other evasive means of filing on behalf of another who is unqualified for
					 licensure;
(D) knowingly conceals a
					 material fact; or
(E) is
					 responsible for fraud;
(6) fails to pay the following fees, taxes,
					 and assessments when due:
(A) licensing fees
					 as described in §
													559.219 of this subchapter
					 (relating to License Fees); and
(B)
					 franchise taxes, if applicable;
(7) has a history of any of the following
					 actions during the five-year period preceding the date of the application:
(A) operation of a facility that has been
					 decertified or had its contract canceled under the Medicare or Medicaid program
					 in any state;
(B) federal or state
					 Medicare or Medicaid sanctions or penalties;
(C) unsatisfied final judgments;
(D) eviction involving any property or space
					 used as a facility in any state; or
(E) suspension of a license to operate a
					 health facility, long-term care facility, or a similar facility in any
					 state.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.217 - Opportunity to Show Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the
					 institution of proceedings to revoke or suspend a license or deny an
					 application for the renewal of a license, the Texas Health and Human Services
					 Commission (HHSC) gives the license holder:
(1) notice by personal service or by
					 registered or certified mail of the facts or conduct alleged to warrant the
					 proposed action; and
(2) an
					 opportunity to show compliance with all requirements of law for the retention
					 of the license by sending HHSC a written request for an opportunity to show
					 compliance. The request must:
(A) be
					 postmarked within 10 days after the date of HHSC's notice and be received by
					 HHSC within 10 days after the date of the postmark; and
(B) contain specific documentation refuting
					 HHSC's allegations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.219 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The license fee is
					 $75 for a three-year license. The license fee for a license issued in
					 accordance with §
											559.205(k) of
					 this subchapter (relating to Criteria for Licensing) is:
(1) $25 for a one-year license;
(2) $50 for a two-year license; and
(3) $75 for a three-year license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.221 - Relocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
					 holder must not relocate to another on-site individualized skills and
					 socialization location without approval from the Texas Health and Human
					 Services Commission (HHSC). The license holder must submit a complete
					 application and the fee required under §
											559.219 of this subchapter
					 (relating to License Fees) to HHSC before the relocation.
(b) The effective date of this license will
					 be the date HHSC approves the relocation.
(c) The license holder must continue to
					 maintain the license at the current on-site individualized skills and
					 socialization location and must continue to meet all requirements for operation
					 until the date of the relocation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 2 - LICENSING › Section 559.223 - Voluntary Closure

Current through Reg. 49, No. 28; July 12, 2024
An individualized skills and socialization provider must
						notify the Texas Health and Human Services Commission in writing at least five
						days before the permanent closure of operation. The individualized skills and
						socialization provider must include in the written notice the date of permanent
						closure, reason for closing, location of individual records (active and
						inactive), and name and address of the individual record
						custodian.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 3 - PROVIDER REQUIREMENTS › Section 559.225 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An individualized
					 skills and socialization provider must:
(1)
					 comply with the provisions of Texas Health and Safety Code (HSC), Chapter 250
					 (relating to Nurse Aide Registry and Criminal History Checks of Employees and
					 Applicants for Employment in Certain Facilities Serving the Elderly, Persons
					 with Disabilities, or Persons with Terminal Illnesses);
(2) before offering employment to any person,
					 search the following registries to determine if the person is eligible for
					 employment:
(A) the employee misconduct
					 registry (EMR) established under HSC §253.007;
(B) the Texas Health and Human Services
					 Commission (HHSC) nurse aide registry (NAR) and medication aide registry
					 (MAR);
(C) the List of Excluded
					 Individuals and Entities (USLEIE) maintained by the United States Department of
					 Health and Human Services; and
(D)
					 the List of Excluded Individuals and Entities (LEIE) maintained by HHSC Office
					 of Inspector General;
(3) not employ a person who is listed on the:
(A) HHSC employee misconduct registry as
					 unemployable; or
(B) HHSC nurse or
					 medication aide registries as revoked or suspended; and
(4) provide information about the EMR to an
					 employee in accordance with 26 TAC §
												561.3(relating to Employment and
					 Registry Information).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 3 - PROVIDER REQUIREMENTS › Section 559.227 - Program Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Staff
					 qualifications.
(1) An individualized skills
					 and socialization provider must:
(A) employ
					 an administrator;
(B) ensure the
					 administrator meets the requirements outlined in paragraph (2) of this
					 subsection; and
(C) have a policy
					 regarding the delegation of responsibility in the administrator's
					 absence.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 3 - PROVIDER REQUIREMENTS › Section 559.229 - Environment and Emergency Response Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. In
					 this section:
(1) "emergency situation" means
					 an impending or actual situation that:
(A)
					 interferes with normal activities of an individualized skills and socialization
					 provider or the individuals receiving services from the individualized skills
					 and socialization provider;
(B)
					 may:
(i) cause injury or death to an
					 individual or staff member of the individualized skills and socialization
					 provider; or
(ii) cause damage to
					 property of the individualized skills and socialization provider;
(C) requires the individualized
					 skills and socialization provider to respond immediately to mitigate or avoid
					 the injury, death, damage, or interference; and
(D) does not include a situation that arises
					 from the medical condition of an individual such as cardiac arrest, obstructed
					 airway, cerebrovascular accident; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.231 - Surveys and Visits

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and
					 Human Services Commission (HHSC) may enter the premises of an individualized
					 skills and socialization provider at reasonable times and perform a survey
					 necessary to issue a license or renew a license. HHSC survey personnel will
					 perform surveys, follow-up visits, complaint investigations, investigations of
					 abuse or neglect, and other contact visits as required for carrying out the
					 responsibilities of licensing.
(b)
					 Generally, all surveys, complaint investigations, and other visits, whether
					 routine or non-routine, made for the purpose of determining the appropriateness
					 of care of individuals and day-to-day operations of an individualized skills
					 and socialization provider will be unannounced. Any exceptions must be
					 justified.
(c) HHSC may conduct any
					 survey or investigation as a desk review, if appropriate, and at the discretion
					 of HHSC, except for the on-site components of:
(1) an initial survey; and
(2) a complaint
					 investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.233 - Determinations and Actions Pursuant to Surveys

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
					 and Human Services Commission (HHSC) determines if an individualized skills and
					 socialization provider is in compliance with the licensing rules.
(b) Violations of regulations are listed on
					 forms designed for the purpose of the survey.
(c) At the conclusion of a survey, the
					 violations are discussed in an exit conference with the individualized skills
					 and socialization provider's management. A written list of the violations is
					 left with the individualized skills and socialization provider at the time of
					 the exit conference.
(d) If, after
					 the initial exit conference, additional violations are cited, the violations
					 are communicated to the individualized skills and socialization provider within
					 10 working days after the initial exit conference.
(e) HHSC provides a clear and concise summary
					 in nontechnical language of each licensure survey and complaint investigation,
					 if applicable. The summary outlines significant violations noted at the time of
					 the survey, but does not include names of individuals, staff, or any other
					 information that would identify individuals or other prohibited information
					 under general rules of public disclosure. The summary is provided to the
					 individualized skills and socialization provider at the time the report of
					 contact or similar document is provided.
(f) Upon receipt of the final statement of
					 violations, the individualized skills and socialization provider has 10 working
					 days to submit an acceptable plan of correction to the HHSC Regulatory Services
					 regional director. An acceptable plan of correction must address:
(1) how the individualized skills and
					 socialization provider will accomplish the corrective action for those
					 individuals affected by each violation;
(2) how the individualized skills and
					 socialization provider will identify other individuals with the potential to be
					 affected by the same violation;
(3)
					 how the individualized skills and socialization provider will put the
					 corrective measure into practice or make systemic changes to ensure that the
					 violation does not recur;
(4) how
					 the individualized skills and socialization provider will monitor the
					 corrective action to ensure that the violation is corrected and will not recur;
					 and
(5) the date the corrective
					 action will be completed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.235 - Referrals to the Attorney General

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission (HHSC) may
						refer an individualized skills and socialization provider to the attorney
						general who may petition a district court for:
(1) a temporary restraining order to restrain
					 a person from a violation or threatened violation of the requirements or any
					 other law affecting individuals if HHSC reasonably believes that the violation
					 or threatened violation creates an immediate threat to the health and safety of
					 an individual; and
(2) an
					 injunction to restrain a person from a violation or threatened violation of the
					 requirements or any other law affecting individuals if HHSC reasonably believes
					 that the violation or threatened violation creates a threat to the health and
					 safety of an individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.237 - Procedures for Inspection of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures for
					 inspection of public records will be in accordance with the Texas Government
					 Code, Chapter 552, and as further described in this section.
(b) The Texas Health and Human Services
					 Commission (HHSC) Regulatory Services Division is responsible for the
					 maintenance and release of records on licensed facilities, and other related
					 records.
(c) The application for
					 inspection of public records is subject to the following criteria.
(1) The application must be made to HHSC
					 Long-term Care Regulation, Regulatory Services Division, Mail Code E-349, P.O.
					 Box 149030, Austin, Texas 78714-9030;
(2) The requester must identify
					 themselves.
(3) The requester must
					 give reasonable prior notice of the time for inspection or copying of
					 records.
(4) The requester must
					 specify the records requested.
(5)
					 On written applications, if HHSC is unable to ascertain the records being
					 requested, HHSC may return the written application to the requester for
					 clarification.
(6) HHSC will
					 provide the requested records as soon as possible; however, if the records are
					 in active use, or in storage, or time is needed for proper de-identification or
					 preparation of the records for inspection, HHSC will so advise the requester
					 and set an hour and date within a reasonable time when the records will be
					 available.