reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.23 - Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder may not transfer its license. If there is a change of ownership, the
				  license holder's license becomes invalid on the date of the licensure change of
				  ownership. The prospective license holder must apply for a license in
				  accordance with § 558.12 of this subchapter (relating to General
				  Application) and § 558.13 of this subchapter (relating to Obtaining an
				  Initial License).
(b) If HHSC
				  grants the application for an initial change of ownership license and allows an
				  initial change of ownership application to occur without a gap in the agency's
				  licensed status, the license holder at the time of the application must
				  maintain an active and valid license until HHSC grants and issues an initial
				  license to the change of ownership applicant.
(c) A change of ownership for a parent agency
				  is a change of ownership for the parent agency's branch office or ADS and
				  requires the submittal of an application and license fee for each branch office
				  and ADS at the same time as the parent agency application and fee.
(d) HHSC conducts an on-site health
				  inspection to verify compliance with the licensure requirements after issuing a
				  license as a result of a change of ownership. HHSC may conduct a desk review
				  instead of an on-site health inspection after issuing a license as a result of
				  a change of ownership if:
(1) less than 50
				  percent of the direct or indirect ownership interest in the former license
				  holder changed, when compared to the new license holder; or
(2) every owner with a disclosable interest
				  in the new license holder had a disclosable interest in the former license
				  holder.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.25 - Requirements for Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
To apply for an initial change of ownership license, a
					 prospective new owner must submit an initial license application to HHSC
					 through the online portal in accordance with paragraph (2) of this subsection.
					 The application must be complete and accurate, as described in § 558.12(c)
					 of this subchapter (relating to General Application), and the applicant must
					 submit the appropriate license fee with the application.
(1) The change of ownership applicant must
				  submit the complete and accurate initial application with full payment of
				  required license fees at least 30 days before the anticipated date of sale or
				  other transfer of ownership and before the expiration date of the license.
(A) HHSC may accept a change of ownership
				  application less than 30 days before the effective date.
(B) HHSC may assess a late fee set out in
				  § 558.3(d) of this chapter (relating to License Fees).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.27 - Application and Issuance of an Initial Branch Office License

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency with a current license to
				  provide licensed home health services, licensed and certified home health
				  services, or personal assistance services may qualify for a branch office
				  license, if the parent agency:
(1) is found
				  to be in substantial compliance with the Statute and this chapter;
(2) has no enforcement action pending against
				  the license; and
(3) meets its
				  initial survey requirements before HHSC approves a branch office
				  license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.29 - Application and Issuance of an Alternate Delivery Site License

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency with a license to provide
				  hospice services may qualify for an ADS license if the parent agency:
(1) is in substantial compliance with the
				  Statute and this chapter; and
(2)
				  has no enforcement action pending against its license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.30 - Operation of an Inpatient Unit at a Parent Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) To operate an inpatient unit at a parent
				  agency, the license holder for the parent agency or an applicant for an initial
				  license to provide hospice services must:
(1)
				  submit an initial parent application through the online portal according to
				  applicable instructions for requesting HHSC approval to operate an inpatient
				  unit at the parent agency;
(2) send
				  written notice to HHSC that it is ready for a Life Safety Code inspection
				  through the online portal;
(3)
				  allow HHSC to conduct an on-site Life Safety Code inspection to determine if
				  the inpatient unit is in compliance with § 558.871 of this chapter
				  (relating to Physical Environment in a Hospice Inpatient Unit);
(4) obtain verification from HHSC that the
				  inpatient unit is in compliance with Subchapter H, Division 7 of this chapter
				  (relating to Hospice Inpatient Units) before admitting a client to the
				  inpatient unit;
(5) after HHSC
				  issues a license authorizing the inpatient unit, admit and provide hospice
				  services to a client in the inpatient unit; and
(6) except as provided in subsection (c) of
				  this section:
(A) submit the Notification of
				  Readiness for a Health Survey of a Hospice Inpatient Unit (HHSC Form 2020-A) to
				  HHSC after admitting and providing services to at least one client in the
				  inpatient unit; and
(B) be
				  determined by HHSC to be in substantial compliance with the Statute and this
				  chapter, including Subchapter H of this chapter (relating to Standards Specific
				  to Agencies Licensed to Provide Hospice
				  Services).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.31 - Time Frames for Processing and Issuing a License

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) In this section, the date of an
				  application is the date an applicant successfully submits an application to
				  HHSC through the online portal as described in subsection (b)(1) of this
				  section.
(2) HHSC considers an
				  application complete for purposes of this section when it is complete and
				  accurate as described in § 558.12 of this subchapter (relating to General
				  Applications), and the applicant has met all requirements for licensure,
				  including applicable background and survey standards before HHSC issues a
				  license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 1 - GENERAL PROVISIONS › Section 558.201 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to a home and
					 community support services agency providing licensed home health services or
					 licensed and certified home health services with and without home dialysis
					 designation, hospice services, or personal assistance services.
(b) In addition to the minimum standards in
					 this subchapter, an agency must also comply with applicable standards in
					 Subchapter D of this chapter (relating to Additional Standards Specific to
					 License Category and Specific to Special Services) and Subchapter H of this
					 chapter (relating to Standards Specific to Agencies Licensed to Provide Hospice
					 Services).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 1 - GENERAL PROVISIONS › Section 558.202 - Habilitation

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency may provide
					 habilitation.
(b) An agency that
					 provides habilitation must provide habilitation in accordance with this
					 chapter, including any licensure standards in Subchapter D of this chapter
					 (relating to Additional Standards Specific to License Category and Specific to
					 Special Services) that apply to the categories of service designated on the
					 agency's license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.208 - Reporting Changes in Application Information and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) If certain information provided on an
					 initial or renewal application changes after HHSC issues the license, an agency
					 must report the change to HHSC via the online portal. The agency must use the
					 Home and Community Support Services Agency License Application, (HHSC Form
					 2021) to report the change. To avoid a late fee, an agency must report a change
					 as required in this subsection and pay in full applicable fees required under
					 subsection (b) of this section, within the time frame specified for the type of
					 change.
(1) For requirements on reporting a
					 change in the agency's location, see §558.213 of this division (relating
					 to Agency Relocation);
(2) For
					 requirements on reporting a change in the agency's contact information and
					 operating hours, see §558.214 of this division (relating to Notification
					 Procedures for a Change in Agency Contact Information and Operating
					 Hours);
(3) For requirements on
					 reporting a change to the agency's name, see §558.215 of this division
					 (relating to Notification Procedures for an Agency Name Change);
(4) For requirements on reporting a change in
					 the agency's organizational management personnel, see §558.218 of this
					 division (relating to Agency Organizational Changes);
(5) For requirements on adding or deleting a
					 category of service to the license, see §558.219 of this division
					 (relating to Procedures for Adding or Deleting a Category to the License);
					 and
(6) For requirements on
					 expanding or reducing the agency's service area, see §558.220 of this
					 division (relating to Service Areas).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.210 - Agency Operating Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency
					 must adopt and enforce a written policy identifying the agency's operating
					 hours.
(b) For the purposes of this
					 section, the person in charge means the administrator, the designated alternate
					 administrator, the supervising nurse, or the alternate supervising
					 nurse.
(c) If an agency is closed
					 during the agency's operating hours or between the hours of 8:00 a.m. and 5:00
					 p.m. Monday through Friday, the person in charge must:
(1) post a notice in a visible location
					 outside the agency that will provide information regarding how to contact the
					 person in charge; and
(2) leave a
					 message on an answering machine or similar electronic mechanism that will
					 provide information regarding how to contact the person in charge.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.211 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
The license must be displayed in a conspicuous place in
						the designated place of business. If the information on the license is
						officially amended during the licensure period, a notice must be posted beside
						the license to provide public notice of the change.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.212 - License Alteration Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A license may not be altered.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.213 - Agency Relocation

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must
					 not transfer a license from one location to another without prior notice to
					 HHSC. If an agency is considering relocation, the agency must submit written
					 notice to HHSC to report a change in physical location at least 30 days before
					 the intended relocation, unless HHSC grants the agency an exemption from the
					 30-day time frame as specified in subsection (b) of this section. A change in
					 physical location for a hospice inpatient unit requires HHSC to conduct a
					 survey to approve the new location.
(b) An agency must notify HHSC immediately if
					 an unexpected situation beyond the agency's control makes it impossible for the
					 agency to submit written notice to HHSC no later than 30 days before the agency
					 relocates. HHSC grants or denies the exemption.
(1) If HHSC grants the exemption, the agency
					 must submit written notice to HHSC as described in subsection (c) of this
					 section within 30 days after the date HHSC grants the exemption.
(2) If HHSC denies the exemption, the agency
					 may not relocate until at least 30 days after the agency submits the written
					 notice to HHSC, as described in subsection (c) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.214 - Notification Procedures for a Change in Agency Contact Information and Operating Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must
					 report to HHSC no later than seven days after a change in the agency's:
(1) telephone number;
(2) mailing address, if different than the
					 physical location; or
(3) operating
					 hours.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.215 - Notification Procedures for an Agency Name Change

Current through Reg. 49, No. 28; July 12, 2024
(a) If an agency intends to change its name
					 (legal entity or assumed (doing business as) name), but does not undergo a
					 change of ownership as defined in § 558.23(c) of this chapter (relating to
					 Change of Ownership), the agency must report the name change to HHSC no later
					 than seven days after the effective date of the name change.
(b) An agency must report a name change to
					 HHSC in accordance with §558.208 of this division (relating to Reporting
					 Changes in Application Information and Fees).
(c) If an agency reports a name change, the
					 agency must pay a fee and may be subject to a late fee, as described in
					 §558.208 of this division (relating to Reporting Changes in Application
					 Information and Fees).
(d) After
					 HHSC receives and verifies the required documents and information, HHSC sends
					 the agency a Notification of Change reflecting the agency's new name. The
					 agency must post the Notification of Change beside its license in accordance
					 with §558.211 of this division (relating to Display of License).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.216 - Change in Agency Certification Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must notify HHSC in writing no
					 later than five days after the agency decides to voluntarily withdraw from the
					 Medicare program. If an agency's voluntary withdrawal from the Medicare program
					 is based on the permanent closure of the agency, the agency must also comply
					 with §558.217 of this division (relating to Agency Closure Procedures and
					 Voluntary Suspension of Operations).
(b) If an agency chooses to voluntarily
					 withdraw from the Medicare program, or if CMS involuntarily terminates or
					 denies its certification, the license will be affected as follows:
(1) If an agency licensed to provide licensed
					 and certified home health services has no other license categories remaining on
					 the license after losing its Medicare certification, its license is void and
					 the agency must cease operation. If the agency wants to resume providing
					 services, it must apply for an initial license.
(2) If a Medicare-certified agency has
					 another license category remaining on the current license and the agency wants
					 to continue providing services under the remaining license category, HHSC
					 surveys the agency under the remaining license category.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.217 - Agency Closure Procedures and Voluntary Suspension of Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Permanent closure. An agency must notify
					 HHSC in writing within five days before the permanent closure of the agency,
					 branch office, or ADS.
(1) The agency must
					 include in the written notice the reason for closing, the location of the
					 client records (active and inactive), and the name and address of the client
					 record custodian.
(2) If the agency
					 closes with an active client roster, the agency must transfer a copy of the
					 active client record with the client to the receiving agency in order to ensure
					 continuity of care and services to the client.
(3) The agency must mail or return the
					 initial license or renewal license to HHSC at the end of the day that services
					 cease.
(4) If an agency continues
					 to operate after the closure date specified in the notice, HHSC may take
					 enforcement action against the agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.218 - Agency Organizational Changes

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 If a change occurs in the following management personnel, an agency must submit
					 written notice to HHSC no later than seven days after the date of a change in:
(1) administrator;
(2) alternate administrator;
(3) chief financial officer; or
(4) controlling person, as defined in §
					 558.2 of this chapter (relating to Definitions).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.219 - Procedures for Adding or Deleting a Category to the License

Current through Reg. 49, No. 28; July 12, 2024
(a) To add or delete a category of service to
					 a license, an agency must submit the appropriate application to HHSC through
					 the online portal at least 30 days before adding or deleting the
					 category.
(b) HHSC either approves
					 or denies the application to add a category of service no later than 30 days
					 after HHSC receives the application through the online portal. An agency must
					 not provide the services under the category the agency is adding until the
					 agency receives written notice of approval from HHSC.
(1) To add a category of service to a
					 license, an agency must:
(A) be in
					 substantial compliance with the Statute and this chapter; and
(B) have no enforcement action pending
					 against the license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.220 - Service Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must
					 identify its licensed service area. A branch office or ADS must be located
					 within the parent agency's licensed service area. An agency must not provide
					 services outside its licensed service area, except as provided in subsections
					 (i) and (j) of this section.
(b) An
					 agency must maintain adequate staff to provide services and to supervise the
					 provision of services.
(c) An
					 agency may expand its service area at any time during the licensure period. An
					 agency must submit an application to HHSC through the online portal to expand
					 the agency's service area at least 30 days before the expansion, unless HHSC
					 grants the agency an exemption from the 30-day time frame as specified in
					 subsection (d) of this section.
(d)
					 An agency is exempt from the requirement to submit an application to HHSC
					 through the online portal no later than 30 days before the agency expands its
					 service area if HHSC determines an emergency situation exists that would affect
					 client health and safety.
(1) An agency must
					 notify HHSC immediately of a possible emergency situation that would affect
					 client health and safety.
(2) HHSC
					 grants or denies an exemption from the 30-day application submission
					 requirement.
(A) If HHSC grants an exemption,
					 the agency must submit an application to HHSC through the online portal, as
					 described in subsection (e) of this section, no later than 30 days after the
					 date HHSC grants the exemption.
(B)
					 If HHSC denies an exemption, the agency may not expand the agency's service
					 area until at least 30 days after the agency submits the written notice to
					 HHSC, as described in subsection (e) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 2 - CONDITIONS OF A LICENSE › Section 558.222 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
An agency must maintain satisfactory compliance with all
						the provisions of the Statute and this chapter to maintain
						licensure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.241 - Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Agency policies. The license holder is
					 responsible for the conduct of the agency and for the adoption, implementation,
					 enforcement, and monitoring of adherence to the written policies required
					 throughout this chapter. The license holder is also responsible for ensuring
					 that the policies comply with the Statute and the applicable provisions of this
					 chapter and are administered to provide safe, professional, quality health
					 care.
(b) Criminal conviction. The
					 persons described in § 558.11(g) of this chapter (relating to Criteria and
					 Eligibility for Licensing) must not have been convicted of an offense described
					 in §
											560.2
					 of this title (relating to Convictions Barring Licensure), during the time
					 frames described in that section.
(c) Documentation. The license holder must
					 ensure that all documents submitted to HHSC, or maintained by the agency
					 pursuant to this chapter, are accurate and do not misrepresent or conceal a
					 material fact.
(d) Compliance with
					 enforcement orders. The license holder must comply with an order of the HHSC
					 executive commissioner or other enforcement orders that may be imposed on the
					 agency in accordance with the Statute and this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.242 - Organizational Structure and Lines of Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must prepare and maintain a
					 current written description of the agency's organizational structure. The
					 document may be either in the form of a chart or a narrative.
(b) The description must include:
(1) all services provided by the
					 agency;
(2) the governing body,
					 administrator, supervising nurse, advisory committee, interdisciplinary team,
					 and staff, as appropriate, based on services provided by the agency;
					 and
(3) the lines of authority and
					 the delegation of responsibility down to and including the client care
					 level.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.243 - Administrative and Supervisory Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative responsibilities.
(1) A license holder, or the license holder's
					 designee, must designate an individual who meets the qualifications and
					 conditions set out in §558.244 of this division (relating to Administrator
					 Qualifications and Conditions and Supervising Nurse Qualifications) to serve as
					 the administrator of the agency.
(2) A license holder, or the license holder's
					 designee, must designate in writing an alternate administrator who meets the
					 qualifications and conditions of an administrator to act in the absence of the
					 administrator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.244 - Administrator Qualifications and Conditions and Supervising Nurse Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Administrator qualifications.
(1) For an
					 agency licensed to provide licensed home health services, licensed and
					 certified home health services, or hospice services, the administrator and the
					 alternate administrator must:
(A) be a
					 licensed physician, RN, licensed social worker, licensed therapist, or licensed
					 nursing home administrator with at least one year of management or supervisory
					 experience in a health-related setting, such as:
(i) a home and community support services
					 agency;
(ii) a hospital;
(iii) a nursing facility;
(iv) a hospice;
(v) an outpatient rehabilitation
					 center;
(vi) a psychiatric
					 facility;
(vii) an intermediate
					 care facility for individuals with an intellectual disability or related
					 conditions; or
(viii) a licensed
					 health care delivery setting providing services for individuals with functional
					 disabilities; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.245 - Staffing Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must
					 adopt and enforce written staffing policies that govern all personnel used by
					 the agency, including employees, volunteers, and contractors.
(b) An agency's written staffing policies
					 must:
(1) include requirements for
					 orientation to the policies, procedures, and objectives of the
					 agency;
(2) include requirements
					 for participation by all personnel in job-specific training. Agency training
					 program policies must:
(A) ensure personnel
					 are properly oriented to tasks performed;
(B) ensure demonstration of competency for
					 tasks when competency cannot be determined through education, license,
					 certification, or experience;
(C)
					 ensure a continuing systematic program for the training of all personnel;
					 and
(D) ensure personnel are
					 informed of changes in techniques, philosophies, goals, client's rights, and
					 products relating to client's care;
(3) address participation by all personnel in
					 appropriate employee development programs;
(4) include a written job description
					 (statement of those functions and responsibilities that constitute job
					 requirements) and job qualifications (specific education and training necessary
					 to perform the job) for each position within the agency;
(5) include procedures for processing
					 criminal history checks and searches of the nurse aide registry and the
					 employee misconduct registry for unlicensed personnel in accordance with
					 §558.247 of this division (relating to Verification of Employability and
					 Use of Unlicensed Persons);
(6)
					 ensure annual evaluation of employee and volunteer performance;
(7) address employee and volunteer
					 disciplinary action and procedures;
(8) address the use of volunteers, if
					 volunteers are used by the agency. The policy must be in compliance with
					 §558.248 of this division (relating to Volunteers);
(9) address requirements for providing and
					 supervising services to pediatric clients. Services provided to pediatric
					 clients must be provided by staff who have been instructed and have
					 demonstrated competency in the care of pediatric clients; and
(10) include a requirement that all personnel
					 who are direct care staff and who have direct contact with clients (employed by
					 or under contract with the agency) sign a statement that they have read,
					 understand, and will comply with all applicable agency policies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.246 - Personnel Records

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must
					 maintain a personnel record for an employee and volunteer. A personnel record
					 may be maintained electronically if it meets the same requirements as a paper
					 record. All information must be kept current. A personnel record must include
					 the following:
(1) a signed job description
					 and qualifications for each position accepted, or a signed statement that the
					 person read the job description and qualifications for each position
					 accepted;
(2) an application for
					 employment or volunteer agreement;
(3) verification of license, permits,
					 references, job experience, and educational requirements, as conducted by the
					 agency to verify qualifications for each position accepted;
(4) performance evaluations and disciplinary
					 actions;
(5) the signed statement
					 about compliance with agency policies required by §558.245(b)(10) of this
					 division (relating to Staffing Policies), if applicable; and
(6) for an unlicensed employee and unlicensed
					 volunteer whose duties would or do include face-to-face contact with a client:
(A) a printed copy of the results of the
					 initial and annual searches of the nurse aide registry (NAR) and employee
					 misconduct registry (EMR) obtained from the HHSC website; and
(B) documentation that the employee, in
					 accordance with §558.247(a)(4) of this division (relating to Verification
					 of Employability and Use of Unlicensed Persons), or volunteer, in accordance
					 with §558.247(b)(4) of this division, received written information about
					 the EMR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.248 - Volunteers

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to all licensed
					 agencies. However, agencies certified by CMS to provide hospice services also
					 must comply with
					 42 CFR §
												418.78, Conditions of
					 Participation--Volunteers.
(b) If
					 an agency uses volunteers, the agency must use volunteers in defined roles
					 under the supervision of a designated agency employee.
(1) A volunteer must meet the same
					 requirements and standards in this chapter that apply to agency employees
					 performing the same activities.
(2)
					 An agency may use volunteers in administrative and direct client care
					 roles.
(3) Volunteers must document
					 services provided to a client and, if applicable, services provided to the
					 client's family.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.249 - Self-Reported Incidents of Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
					 in this section or §558.250 of this division (relating to Agency
					 Investigations), have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Abuse, neglect, and
					 exploitation--Have the meanings assigned by:
(A) Chapter 711, Subchapter A of this title
					 (relating to Introduction), if the term is used in connection with alleged
					 conduct against a child or an adult receiving services from certain providers,
					 as defined in Texas Human Resources Code §
													48.251, or against a
					 child receiving services from an agency, as that term is defined in this
					 chapter, whose employee is the alleged perpetrator; or
(B) 40 TAC Chapter 705, Subchapter A
					 (relating to Definitions), if the term is used in connection with alleged
					 conduct against an adult, other than as described in subparagraph (A) of this
					 paragraph.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.250 - Agency Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
					 policy.
(1) An agency must adopt and enforce
					 a written policy relating to the agency's procedures for investigating
					 complaints and reports of abuse, neglect, and exploitation.
(2) The policy must meet the requirements of
					 this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.251 - Peer Review

Current through Reg. 49, No. 28; July 12, 2024
An agency must adopt and enforce a written policy to
						ensure that all professional disciplines comply with their respective
						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 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.252 - Financial Solvency and Business Records

Current through Reg. 49, No. 28; July 12, 2024
An agency must have the financial ability to carry out
						its functions.
(1) An agency must not
					 intentionally or knowingly pay employees or contracted staff with checks from
					 accounts with insufficient funds.
(2) An agency must have sufficient funds to
					 meet its payroll.
(3) An agency
					 must make available to HHSC, upon request, business records relating to its
					 ability to carry out its functions. If there is a question relating to the
					 accuracy of the records or the agency's financial ability to carry out its
					 functions, HHSC or its designee may conduct a more extensive review of the
					 records.
(4) An agency must
					 maintain business records in their original state. Each entry must be accurate
					 and dated with the date of entry. Correction fluid or tape may not be used in
					 the record. Corrections must be made in accordance with standard accounting
					 practices.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.253 - Disclosure of Drug Testing Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 agency must have a written policy describing whether it will conduct drug
					 testing of its employees who have direct contact with clients.
(b) If an agency conducts drug testing, the
					 written policy must describe the method by which drug testing is
					 conducted.
(c) If an agency does
					 not practice drug testing of its employees, the written policy must state that
					 the agency does not conduct drug testing of its employees.
(d) An agency must provide a copy of the
					 policy to anyone applying for services from the agency and any person who
					 requests it.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.254 - Billing and Insurance Claims

Current through Reg. 49, No. 28; July 12, 2024
The agency must adopt and enforce a written policy to
						ensure that the agency submits accurate billings and insurance
						claims.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.255 - Prohibition of Solicitation of Patients

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must adopt and enforce a
					 written policy to ensure compliance of the agency and its employees and
					 contractors with Texas Occupations Code Chapter 102. For the purpose of this
					 section, a patient is considered to be a client.
(b) HHSC may take enforcement action against
					 an agency in accordance with § 558.601 of this chapter (relating to
					 Enforcement Actions) and § 558.602 of this chapter (relating to
					 Administrative Penalties), if the agency violates Texas Occupations Code §
											102.001,
					 Soliciting Patients; Offense or §102.006, Failure to Disclose;
					 Offense.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.256 - Emergency Preparedness Planning and Implementation

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must have a written emergency
					 preparedness and response plan that comprehensively describes its approach to a
					 disaster that could affect the need for its services or its ability to provide
					 those services. The written plan must be based on a risk assessment that
					 identifies the disasters from natural and man-made causes that are likely to
					 occur in the agency's service area. Except for a freestanding hospice inpatient
					 unit, HHSC does not require an agency to physically evacuate or transport a
					 client.
(b) Agency personnel that
					 must be involved with developing, maintaining, and implementing an agency's
					 emergency preparedness and response plan include:
(1) the administrator;
(2) the supervising nurse, if the agency is
					 required to employ or contract with a supervising nurse, as required by §
												558.243 of this subchapter
					 (relating to Administrative and Supervisory Responsibilities);
(3) the agency disaster coordinator;
					 and
(4) the alternate disaster
					 coordinator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.257 - Medicare Certification Optional

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An agency that applies for the category of licensed and certified home health
					 services must comply with the regulations in the Medicare Conditions of
					 Participation for Home Health Agencies, 42 CFR Part 484, pending approval of
					 certification granted by CMS. After HHSC receives written approval from CMS,
					 HHSC amends the licensing status of the agency to include the licensed and
					 certified home health services category.
(b) An agency providing hospice services and
					 applying for participation in the Medicare program must comply with the
					 Medicare Conditions of Participation for Hospice Care, 42 CFR Part 418, pending
					 approval of certification granted by CMS. After HHSC receives written approval
					 from CMS, HHSC enters the hospice provider number issued by CMS into its Home
					 and Community Support Services Agencies database but does not amend the hospice
					 services category on the license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 3 - AGENCY ADMINISTRATION › Section 558.259 - Initial Educational Training in Administration of Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to an
					 administrator and alternate administrator designated as an administrator or
					 alternate administrator for the first time on or after December 1,
					 2006.
(b) In addition to the
					 qualifications and conditions described in §558.244 of this division
					 (relating to Administrator Qualifications and Conditions and Supervising Nurse
					 Qualifications), a first-time administrator and alternate administrator of an
					 agency must each complete a total of 24 clock hours of educational training in
					 the administration of an agency before the end of the first 12 months after
					 designation to the position.
(c)
					 Prior to designation, a first-time administrator or alternate administrator
					 must complete eight clock hours of educational training in the administration
					 of an agency. The initial eight clock hours must be completed during the 12
					 months immediately preceding the date of designation to the position. The
					 initial eight clock hours must include:
(1)
					 information on the licensing standards for an agency; and
(2) information on the state and federal laws
					 applicable to an agency, including:
(A) Texas
					 Health and Safety Code Chapters 142 and 250;
(B) Texas Human Resources Code Chapter 102,
					 Rights of the Elderly;
(C) the
					 Americans with Disabilities Act;
(D) the Civil Rights Act of 1991;
(E) the Rehabilitation Act of 1993;
(F) the Family and Medical Leave Act of 1993;
					 and
(G) the Occupational Safety and
					 Health Administration requirements.