reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter D - TRANSPORTATION › Section 550.1101 - Transportation Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A center
				  must ensure transportation services are provided for a minor, as authorized by
				  an adult minor, the minor's parent, and the minor's prescribing physician:
(1) from the minor's home to the
				  center;
(2) from the center to the
				  minor's home; and
(3) to and from
				  the center for services coordinated by the center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter D - TRANSPORTATION › Section 550.1102 - Transportation Safety Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  center must adopt and enforce written policies and procedures to ensure the
				  care and safety of minors during transport.
(b) A center must appropriately train staff
				  on the needs of a minor being transported.
(c) A center must properly restrain or secure
				  a minor when the minor is transported by the center in a motor vehicle, in
				  accordance with applicable federal motor vehicle safety standards, state law,
				  Texas Health and Safety Code (THSC) Chapter 248A, and this chapter.
(d) A center must ensure that:
(1) a minor boards and leaves the vehicle
				  from the curbside of the street and is safely accompanied to the minor's
				  destination;
(2) there is a first
				  aid kit with unexpired supplies, including oxygen, a pulse oximeter, and
				  suction equipment, in each center vehicle;
(3) the center prohibits the use of tobacco
				  in any form, electronic cigarettes, alcohol and possession of illegal
				  substances or unauthorized potentially toxic substances, firearms, and pellet
				  or BB guns, including loaded or unloaded BB guns, in any vehicle;
(4) the driver does not use a hand-held
				  wireless communication device while operating a center vehicle;
(5) a center's nurse accompanies minors, as
				  necessary during transport, as determined by the minor's plan of
				  care;
(6) at least one direct care
				  staff member, or more depending on the acuity of the minors, accompanies every
				  seven minors;
(7) the driver or
				  center's nurse does not leave a minor unattended in the vehicle at any
				  time;
(8) the driver or the
				  center's nurse riding in the vehicle inspects the vehicle at the completion of
				  each trip to ensure that no minor is left in the vehicle; and
(9) the center maintains documentation that
				  includes the signature of the individual conducting the inspection described in
				  paragraph (8) of this subsection and the time of inspection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1201 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
The standards in this subchapter apply to:
(1) a newly constructed center;
(2) alterations, additions, or renovations to
				  an existing center;
(3) an existing
				  building renovated to create a center; and
(4) a center's maintenance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1202 - Plan Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) Plans for new
				  buildings, additions, conversions of buildings not licensed by DADS, and the
				  remodeling of existing licensed facilities must be submitted to DADS for
				  review. No later than 30 days after receipt of the plans, DADS informs an
				  applicant in writing of the results of the review.
(b) If the submitted plans comply with DADS
				  architectural requirements, DADS may not subsequently change the architectural
				  requirement that applies to the project unless the change is required by
				  federal law or an applicant fails to complete the project no later than two
				  years after submitting the plans to DADS.
(c) DADS may grant a waiver of the two-year
				  period for delays due to unusual circumstances.
(d) DADS may impose a deadline for completing
				  a project using requirements that are revised after the project was
				  reviewed.
(e) Submittal of plans.
(1) One copy of contract documents must be
				  submitted to DADS before construction begins. The documents must:
(A) include working drawing and
				  specifications;
(B) have sufficient
				  detail for DADS to interpret compliance with this chapter and for a general
				  contractor or builder to ensure proper construction; and
(C) be prepared according to accepted
				  architectural practice and include general construction, special conditions,
				  and schedules.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1203 - Design Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) A center
				  must be designed in accordance with:
(1) the
				  Health Care Occupancy chapter of the 2000 edition of the National Fire
				  Protection Association (NFPA)101 Life Safety Code for newly constructed centers
				  or centers converting an existing unlicensed building to a center;
				  and
(2) the requirements of Limited
				  Care, as defined by NFPA 101.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1204 - Fire Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) A center's
				  construction type is limited to the building construction shown in the minimum
				  construction requirements in the Life Safety Code chapter for New Health Care
				  Occupancies.
(b) A center must have
				  a National Fire Protection Association (NFPA) 72 fire alarm system with
				  initiation, notification, emergency forces notification, annunciation,
				  emergency control and detection in accordance with the Life Safety Code. The
				  center must have a written contract with a fire alarm firm that has been issued
				  an Alarm Certificate of Registration number from the Texas State Fire Marshal's
				  Office to inspect, test and maintain a fire alarm system to meet NFPA 72
				  requirements, semiannually. Inspections required in the contract must be
				  performed. The person performing the semiannual service must have an individual
				  fire alarm license from the Texas State Fire Marshal's Office.
(c) A center must be protected throughout by
				  an approved, supervised automatic sprinkler system installed in accordance with
				  NFPA 13. The center must ensure that the sprinkler system is inspected, tested,
				  and maintained in accordance with NFPA 25. The center must have a written
				  contract with a fire protection sprinkler firm that has been issued a Sprinkler
				  Certificate of Registration number from the Texas State Fire Marshal's Office
				  to perform the required services, semiannually. The center must document and
				  show to DADS that all the requirements of NFPA 25 are met including the annual
				  inspection, test, and maintenance performed by the registered fire sprinkler
				  firm. The center must retain one set of the fire sprinkler system plans and
				  hydraulic calculations on the property.
(d) A center must distribute portable fire
				  extinguishers throughout the center of size and type in accordance with NFPA
				  10.
(e) A center must provide
				  emergency power for emergency lighting, exit signs, and the fire alarm by a
				  generator.
(f) A center must ensure
				  that the design, installation, and maintenance of emergency motor generators
				  are in accordance with NFPA 37, NFPA 99, and NFPA 110.
(g) A center must ensure that the generator
				  is of sufficient size to maintain Life Safety Code requirements, medical
				  equipment, and HVAC to operate in designated core areas of the center in the
				  event of power failure.
(h) The
				  center must ensure that emergency powered receptacles are used:
(1) for a patient care-related electrical
				  appliance, including a biological refrigerator;
(2) at a nurse station; and
(3) in a medication room.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1205 - Distinct Part Facilities and Physical and Programmatic Separation

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  be physically and programmatically distinct from any business to which it is
				  attached or of which it is a part.
(b) If more than one business occupies the
				  same building or physical location, the center must have its own
				  entrance.
(c) A center must be
				  separated from other occupancies with construction having a fire resistance
				  rating of not less than 2 hours.
(d) A center's separate entrance must not be
				  accessed solely through another business or health care provider.
(e) A center's separate entrance must have
				  appropriate signage and be clearly identified as belonging to the
				  center.
(f) A licensed center's
				  space must be contiguous.
(g) If a
				  center has more than one building, the center must provide protection from
				  inclement weather to minors, staff, contractors, volunteers and visitors who
				  travel between the buildings.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1206 - Exterior Spaces

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  have separate entrances for guests and minors.
(b) A center must have a covered entry with a
				  covered drop-off for family, emergency medical services (EMS), and the center's
				  vehicles.
(c) A center's roof
				  overhang or canopy must extend as far as practicable to the face of the
				  driveway or curb of the passenger access door of a passenger vehicle.
(d) A center's roof overhang or cover must be
				  of sufficient height to allow entry or departure from EMS vehicles.
(e) A center must provide for an outdoor play
				  space with a direct exit from the center into the outdoor play space. The
				  outdoor play space should at least be 400 square feet in area with at least 20
				  percent of that area shaded.
(f) A
				  center's play yard must meet the requirements of the Texas Accessibility
				  Standards.
(g) A center must ensure
				  that its structures and the grounds of the center that are used by minors are
				  maintained in good repair and are free from hazards to health and
				  safety.
(h) A center must fence or
				  ensure natural barriers are present to protect a minor from areas determined to
				  be unsafe by DADS, including steep grades, cliffs, open pits, swimming pools,
				  high voltage boosters, high voltage equipment, and high speed roads.
(i) A center must keep fences in good
				  repair.
(j) A center must store
				  garbage, rubbish, and trash securely in outdoor, covered containers.
(k) A center must keep trash collection
				  receptacles and incinerators separated from outdoor recreational spaces and
				  locate the receptacles and incinerators in a place to avoid being a
				  nuisance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1207 - Interior Spaces

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  consist of a building suitable for the purpose intended, and have a minimum of
				  50 square feet of space per minor exclusive of kitchen, toilet facilities,
				  storage areas, hallways, stairways, basements, and attics.
(b) If a center uses a room exclusively for
				  dining or sleeping, the center must not count that space as part of the
				  licensed capacity.
(c) A center
				  must have sufficient rooms to accommodate and segregate the different age
				  groups of minors being served at the center.
(d) A center must provide staff area and
				  staff toilets.
(e) A center must
				  provide a reception area.
(f) A
				  center must provide an administrative office.
(g) A center must provide quiet rooms based
				  on the needs of minors.
(h) A
				  center's quiet room must contain a minimum of 100 square feet.
(i) A center must provide indoor recreational
				  exercise play area.
(j) A center
				  must provide a treatment room with a medication preparation area. The
				  medication preparation area must contain a work counter, refrigerator, sink
				  with hot and cold water, and locked storage for biologicals and
				  drugs.
(k) A center must develop
				  isolation procedures to prevent cross-infection and provide an isolation room
				  with at least one large glass area for observation of a minor in accordance
				  with § 550.211 of this chapter (relating to Infection Prevention and
				  Control Program and Vaccination Requirements). The isolation room must contain
				  a minimum of 100 square feet.
(l)
				  The center must make privacy accommodations available to attend to the personal
				  care needs of a minor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1208 - Food Preparation

Current through Reg. 49, No. 28; July 12, 2024
A center must have a food preparation area designated for
					 the preparation of meals, snacks, or prescribed nourishments. The meals,
					 snacks, and nourishments must be maintained in accordance with state and local
					 sanitation and safe food handling standards. If the center has a kitchen for
					 cooking meals, or for providing meals and snacks directly or under contract,
					 the center must be in compliance with Texas Department of State Health Services
					 rules in 25 Texas Administrative Code Chapter 228 (relating to Retail Food
					 Establishments). The center must also be in compliance with local health
					 ordinances or requirements in the storage, preparation, and distribution of
					 food; sanitation of dishes, equipment, and work area; and in the storage and
					 disposal of waste.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1209 - Toileting Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A center
				  must provide toileting facilities appropriately accessible to persons with
				  disabilities and age appropriate in design with hand-washing
				  stations.
(b) A center must have
				  separate toilet facilities for minors, staff, and visitors.
(c) A center must install a hand-washing
				  station in each play area, classroom, and therapy room or area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1210 - Minor's Personal Belongings

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  center must have a secure, individually labeled space available for each
				  minor's personal belongings.
(b) A
				  center must provide locked storage for a minor's personal possessions as
				  needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1211 - Linen Storage

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  have a mechanical forced air exhaust system to the outside for soiled linen
				  areas in accordance with § 550.210 of this chapter (relating to
				  Sanitation, Housekeeping, and Linens).
(b) A center must have separate storage areas
				  for clean and soiled linen in accordance with § 550.210 of this
				  chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1212 - Janitorial Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a) A center
				  must have a secure room for the safe storage of janitorial supplies and
				  equipment, poisonous materials, and toxic materials.
(b) A center must label and identify
				  poisonous and toxic substances and place them in locked cabinets that are used
				  for no other purpose.
(c) A center
				  must provide a janitor's closet with mechanical forced air exhaust to the
				  outside.
(d) A center must install
				  child proof latches onto closet and cabinet doors that are accessible to a
				  minor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1213 - Locked Areas

Current through Reg. 49, No. 28; July 12, 2024
A center must secure and lock any area the center
					 determines is unsafe for a minor or minor's family. The center's door locking
					 arrangement must meet Life Safety Code egress requirements from inside the
					 room. An unsafe area includes high voltage areas and equipment
					 rooms.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1214 - File Storage

Current through Reg. 49, No. 28; July 12, 2024
A center must have an area for the safe and secure
					 maintenance and storage of medical records and other center files, records, and
					 manuals. If these areas are deemed hazardous storage in accordance with the
					 Life Safety Code, the center must have rated doors with
					 closers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1215 - Garbage

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  store garbage, rubbish, and trash in an area separate from the areas used for
				  the preparation and storage of food. A center must remove garbage, trash, and
				  rubbish from the premises and sanitize the containers regularly.
(b) A center must meet the sanitation
				  requirements in § 550.210 of this chapter (relating to Sanitation,
				  Housekeeping, and Linens).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1216 - Furnishings and Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  center must secure clean storage areas for equipment, devices, and supplies
				  including equipment supplied by the center for a minor's needs, including a
				  wheelchair, a bed, and a mattress.
(b) A center must maintain an age appropriate
				  and developmentally appropriate environment in each of the areas where services
				  are provided to a minor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1217 - Laundry

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  have a supply of clean linen sufficient to meet the needs of a minor. Clean
				  laundry must be provided by:
(1) an in-house
				  laundry service;
(2) contract with
				  another health care center; or
(3)
				  an outside commercial laundry service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1218 - Housekeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must:
(1) maintain a clean and safe
				  environment;.
(2) be free of
				  unpleasant odors; and
(3) eliminate
				  odors at the center at their source by prompt and thorough cleaning of
				  commodes, urinals, bedpans, and other sources.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1219 - Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must:
(1) ensure that the grounds and the exterior
				  of the building, including the sidewalks, steps, porches, ramps, and fences are
				  in good repair;
(2) keep equipment
				  supplied by the center for a minor's needs in good repair, including
				  wheelchairs, cribs, and mattresses;
(3) keep the interior of the building
				  including walls, ceilings, floors, windows, window coverings, doors, plumbing,
				  and electrical fixtures in good repair; and
(4) use pest control services provided by a
				  licensed structural pest control applicator with a license category for
				  pests.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1220 - Heating, Ventilation, Air Conditioning (HVAC)

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must use a safe HVAC system that
				  meets the requirements of the National Fire Protection Association (NFPA) 90A
				  and is sufficient to maintain a comfortable temperature, with a minimum of 65
				  degrees and a maximum of 80 degrees Fahrenheit, in all public and private areas
				  year round.
(b) A center must
				  ensure that during warm weather conditions, the temperature within the center
				  does not exceed 80 degrees Fahrenheit. The center must ensure that the HVAC
				  operates in designated core areas of the center in the event of power
				  failure.
(c) A center must maintain
				  the HVAC system in good repair.
(d)
				  A center must inspect gas-fired heating equipment before the cold weather
				  season to ensure that the equipment operates properly and safely. The center
				  must ensure that gas-fired heating equipment is inspected by a person licensed
				  or approved by the State of Texas to inspect the equipment.
(e) The center must maintain a record of the
				  inspection conducted in accordance with subsection (d) of this
				  section.
(f) A center must correct
				  any unsatisfactory condition or evacuate or relocate the minors.
(g) A center must ensure that a gas heating
				  unit and water heater are vented in accordance with NFPA 54 to carry the
				  products of combustion to the outside atmosphere. The center must ensure that a
				  vent is constructed and maintained to provide a continuous draft to the outside
				  atmosphere in accordance with NFPA 54. The center must ensure that a heating
				  unit is provided with a sufficient supply of outside combustion air in
				  accordance with NFPA 54. A center must not use a portable heater within the
				  center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1221 - Water Supply

Current through Reg. 49, No. 28; July 12, 2024
(a) A center must
				  maintain an adequate supply of water, under pressure at all times. When a
				  public water system is available, the center must ensure it is connected to the
				  public water system. If the center uses water from a source other than a public
				  water supply, the center must ensure that the water supply meets the rules
				  issued by the Texas Commission on Environmental Quality.
(b) A center must have a plan and policy for
				  an alternative water supply in the event of interruption of water supply and
				  the temporary loss of water to the center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1222 - Sewage

Current through Reg. 49, No. 28; July 12, 2024
A center must ensure that sewage is disposed of by a public
					 system or an approved sewage disposal system constructed and operated to
					 conform with the standards established for systems by the Texas Commission on
					 Environmental Quality and in accordance with sanitation requirements in §
					 550.210 of this chapter (relating to Sanitation, Housekeeping, and
					 Linens).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1223 - Signage

Current through Reg. 49, No. 28; July 12, 2024
A center's address and name must be displayed so as to be
					 easily visible from the street.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter E - BUILDING REQUIREMENTS › Section 550.1224 - Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS may grant
				  a waiver for certain provisions of the physical plant and environment
				  requirements of DADS licensure standards, which, in DADS opinion, would be
				  impractical for a center to meet. In granting the waiver, DADS, on a case by
				  case basis, determines if:
(1) there are
				  adverse effects on the health and safety of a minor if the center does not meet
				  the licensure requirement; and
(2)
				  the center will experience an unreasonable hardship if the requirement is not
				  waived.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter F - INSPECTIONS AND VISITS › Section 550.1301 - Inspections and Visits

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS
				  performs inspections, follow-up visits, compliance investigations,
				  investigations of abuse, neglect and exploitation, and other contact visits at
				  a center as deemed appropriate or as required to determine a center's
				  compliance with this chapter.
(b)
				  An inspection may be conducted by an inspector or by a team depending on the
				  purpose of the inspection, size of a center, and other factors.
(c) DADS does not announce inspections or
				  visits.
(d) DADS conducts at least
				  one unannounced licensing inspection annually after issuance of a
				  license.
(e) DADS may visit a
				  center for purposes other than the reasons described in subsection (a) of this
				  section.
(1) DADS may visit a center to
				  consult with a center's staff to determine how a center's physical space may be
				  expanded or upgraded or determine the progress of a center's construction or
				  repairs, equipment installation or repairs, systems installation or repairs, or
				  when conditions or emergencies arise, including fire, windstorm, or
				  malfunctioning or nonfunctioning of electrical or mechanical systems.
(2) DADS may announce visits that are not for
				  a purpose described in subsection (a) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter F - INSPECTIONS AND VISITS › Section 550.1302 - Investigation of Complaints and Self-Reported Incidents

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS investigates complaints of abuse,
				  neglect, or exploitation if:
(1) the act
				  occurs at the center;
(2) the
				  center is responsible for the supervision of a minor at the time the act
				  occurs;
(3) the alleged perpetrator
				  is associated with the center; or
(4) the alleged perpetrator is present at the
				  center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter F - INSPECTIONS AND VISITS › Section 550.1303 - Cooperation with an Inspection and Visit

Current through Reg. 49, No. 28; July 12, 2024
(a) By applying for and holding a license, a
				  license holder consents to entry or inspection of the center's premises by a
				  DADS representative to verify compliance with THSC Chapter 248A and this
				  chapter.
(b) A center must make all
				  of its books, records, and other documents maintained by or on behalf of a
				  center accessible to DADS upon request.
(1)
				  DADS is authorized to photocopy documents, photograph minors, and use any other
				  available recording devices to preserve all relevant evidence of conditions
				  found during an inspection or investigation that DADS reasonably believes
				  threaten the health and safety of a minor.
(2) DADS may request, photocopy, and
				  otherwise reproduce records and documents including admission sheets,
				  medication records, observation notes, medical records, clinical notes, and any
				  other of a center's documents.
(3)
				  DADS protects the copies for privacy and confidentially purposes in accordance
				  with recognized standards of medical records practice, applicable state laws,
				  and DADS policy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter F - INSPECTIONS AND VISITS › Section 550.1304 - Staff Requirements for an Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) The center's administrator, alternate
				  administrator, nursing director, or alternate nursing director must be present
				  in person at the entrance and exit conferences of every DADS inspection or
				  visit and be available in person during the inspection.
(b) If a required individual is not at the
				  center when the inspector arrives and is unavailable during the inspection, the
				  inspector will make reasonable attempts to contact the individual.
(c) If an inspector arrives during regular
				  business hours and the center is closed, an administrator, alternate
				  administrator, nursing director, or alternate nursing director must provide the
				  inspector entry to the center no later than two hours after the inspector's
				  arrival at the center. The center must comply with the notice requirements
				  described in § 550.201 of this chapter (relating to Operating
				  Hours).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter F - INSPECTIONS AND VISITS › Section 550.1305 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS
				  determines if a center meets the requirements of the THSC Chapter 248A and this
				  chapter.
(b) After an inspection is
				  completed, the inspector holds an exit conference to inform a center of the
				  preliminary findings.
(c) A center
				  may submit additional written documentation and facts after the exit conference
				  only if a center describes the additional documentation and facts to the
				  inspector during the exit conference.
(1) A
				  center must submit the additional written documentation and facts to the DADS
				  inspector or inspection team no later than two business days after the end of
				  the exit conference.
(2) If a
				  center properly submits additional written documentation, the inspector may add
				  the documentation to the record of the inspection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1401 - Denial of License Application

Current through Reg. 49, No. 28; July 12, 2024
DADS may deny a license application for the reasons
					 described in § 550.115 of this chapter (relating to Criteria for Denial of
					 a License).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1402 - License Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS may
				  suspend a center's license for:
(1) a
				  violation of THSC Chapter 248A or standard in this chapter committed by the
				  license holder, applicant, or a person listed on the application;
(2) an intentional or negligent act by a
				  center or an employee of a center that DADS determines significantly affects
				  the health and safety of a minor served at a center;
(3) use of drugs or intoxicating liquors to
				  an extent that it affects the license holder's or applicant's professional
				  competence;
(4) a felony
				  conviction, including a finding or verdict of guilty, an admission of guilt, or
				  a plea of nolo contendere, in Texas or another state of any person required by
				  this chapter to undergo a background and criminal history check;
(5) fraudulent acts, including acts relating
				  to Medicaid fraud and obtaining or attempting to obtain a license by fraud or
				  deception committed by any person listed on the application;
(6) license revocation, suspension, or other
				  disciplinary action taken in Texas or another state against the license holder
				  or any person listed in the application;
(7) criteria described in Chapter 99 of Title
				  40 (relating to Denial or Refusal of License) that applies to any person
				  required by this chapter to undergo a background and criminal history
				  check;
(8) aiding, abetting, or
				  permitting a violation described in paragraph (1) of this subsection about
				  which a person listed on the application had or should have had
				  knowledge;
(9) a license holder or
				  applicant's failure to provide the required information, facts, or
				  references;
(10) a license holder
				  or applicant who knowingly:
(A) submits false
				  or intentionally misleading statements to DADS on an application;
(B) uses subterfuge or other evasive means of
				  filing an application;
(C) engages
				  in subterfuge or other evasive means of filing an application on behalf of
				  another who is unqualified for licensure; or
(D) conceals a material fact on an
				  application; or
(11) a
				  person listed on the application failing to pay the following fees, taxes, and
				  assessments when due:
(A) licensing fees as
				  described in § 550.112 of this chapter (relating to Licensing
				  Fees);
(B) plan review fees as
				  described in § 550.113 of this chapter (relating to Plan Review Fees);
				  or
(C) franchise taxes, if
				  applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1403 - Emergency License Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  DADS may issue an emergency order to suspend a license, as authorized by THSC
				  Chapter 248A, if DADS has reasonable cause to believe that the conduct of a
				  license holder creates an immediate danger to a minor served at the center or
				  the public's health and safety.
(1) If DADS
				  issues an order for emergency suspension of the center's license, DADS provides
				  immediate notice to the controlling person, administrator, or alternate
				  administrator of the center by personal service, facsimile transmission, or
				  registered or certified mail. The notice includes:
(A) the action taken;
(B) legal grounds for the action;
(C) the procedure governing appeal of the
				  action; and
(D) the effective date
				  of the order.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1404 - License Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS may
				  revoke a center's license for:
(1) a violation
				  of THSC Chapter 248A or standard in this chapter committed by the license
				  holder, applicant, or a person listed on the application;
(2) an intentional or negligent act by a
				  center or an employee of a center that DADS determines significantly affects
				  the health and safety of a minor served at a center;
(3) use of drugs or intoxicating liquors to
				  an extent that affects the license holder's or applicant's professional
				  competence;
(4) a felony
				  conviction, including a finding or verdict of guilty, an admission of guilt, or
				  a plea of nolo contendere, in Texas or another state of any person required by
				  this chapter to undergo a background and criminal history check;
(5) fraudulent acts, including acts relating
				  to Medicaid fraud and obtaining or attempting to obtain a license by fraud or
				  deception committed by any person listed on the application;
(6) license revocation, suspension, or other
				  disciplinary action taken in Texas or another state against the license holder
				  or any person listed in the application;
(7) criteria described in Chapter 99 of Title
				  40 (relating to Denial or Refusal of License) that applies to any person
				  required by this chapter to undergo a background and criminal history
				  check;
(8) aiding, abetting, or
				  permitting a violation described in paragraph (1) of this subsection about
				  which a person listed on the application had or should have had
				  knowledge;
(9) a license holder or
				  applicant's failure to provide the required information, facts, or
				  references;
(10) a license holder
				  or applicant who knowingly:
(A) submits false
				  or intentionally misleading statements to DADS on an application;
(B) uses subterfuge or other evasive means of
				  filing an application;
(C) engages
				  in subterfuge or other evasive means of filing an application on behalf of
				  another who is unqualified for licensure; or
(D) conceals a material fact on an
				  application;
(11) a
				  person listed on the application committing fraud; or
(12) a person listed on the application
				  failing to pay the following fees, taxes, and assessments when due:
(A) licensing fees as described in §
				  550.112 of this chapter (relating to Licensing Fees);
(B) plan review fees as described in §
				  550.113 of this chapter (relating to Plan Review Fees); and
(C) franchise taxes, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1405 - Probation

Current through Reg. 49, No. 28; July 12, 2024
If DADS finds that a center is in repeated noncompliance
					 with THSC Chapter 248A, this chapter or a plan of correction, but the
					 noncompliance does not endanger a minor served at a center or the public health
					 and safety, DADS may schedule the center for probation rather than suspending
					 or revoking the center's license.
(1)
				  DADS provides notice to the license holder of the probation and the items of
				  noncompliance not later than the 10th day before the date the probation period
				  begins.
(2) DADS designates a
				  period of not less than 30 days during which the center remains on probation.
				  During the probation period, the center must correct the items that were in
				  noncompliance and report the corrections to DADS for approval.
(3) DADS may suspend or revoke the license of
				  a center that does not correct items that were in noncompliance or does not
				  comply with THSC Chapter 248A or this chapter within the applicable probation
				  period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1406 - Injunctive Relief or Civil Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS may petition a district court for a
				  temporary restraining order against a center to restrain a continuing violation
				  of THSC Chapter 248A or standard in this chapter if DADS finds that the
				  violation creates an immediate threat to the health and safety of minors served
				  at a center.
(b) A district court,
				  on petition of DADS, and on a finding of the court that a person is violating
				  THSC Chapter 248A or a standard in this chapter, may by injunction:
(1) prohibit the person from continuing the
				  violation;
(2) restrain or prevent
				  the establishment or operation of a center without a license under THSC Chapter
				  248A; or
(3) grant any other
				  injunctive relief warranted by the facts.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1407 - Opportunity to Show Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before revocation or suspension of a center's license or denial of an
				  application for the renewal of a center's license, DADS gives the license
				  holder:
(1) a notice by personal service,
				  facsimile transmission, or by registered or certified mail of the facts or
				  conduct alleged to warrant the proposed action, with a copy sent to the center;
				  and
(2) an opportunity to show
				  compliance with all requirements of law to retain the license by sending DADS a
				  written request. The request must:
(A) be
				  postmarked no later than 10 days after the date of DADS notice and be received
				  in DADS office no later than 10 days after the date of the postmark;
				  and
(B) contain specific
				  documentation refuting DADS allegations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1408 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following words and terms, when used in this section, have the following
				  meanings unless the context clearly indicates otherwise.
(1) Actual harm--A negative outcome that
				  compromises a minor's physical, mental, or emotional well-being.
(2) Immediate threat to the health or safety
				  of a minor--A situation that causes, or is likely to cause, serious injury,
				  harm, or impairment to or the death of a minor.
(3) Isolated--A very limited number of minors
				  are affected and a very limited number of staff are involved, or the situation
				  has occurred only occasionally.
(4)
				  Pattern of violation--Repeated, but not widespread in scope, failures of a
				  center to comply with THSC Chapter 248A or a rule, standard, or order adopted
				  under THSC Chapter 248A that:
(A) result in a
				  violation; and
(B) are found
				  throughout the services provided by the center or that affect or involve the
				  same minor or center employees.
(5) Potential for minimal harm--A violation
				  that has the potential for causing no more than a minor negative impact on a
				  minor.
(6) Widespread in scope--A
				  violation that:
(A) is pervasive throughout
				  the services provided by the center; or
(B) represents a systemic failure by the
				  center that affects or has the potential to affect a large portion of or all of
				  the minors of the center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter G - ENFORCEMENT › Section 550.1409 - Operation of a Center without a License

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person operates a center without a
				  license issued in accordance with this chapter, the person is liable for a
				  civil penalty of $500 for each day of violation.
(b) A person commits an offense if the person
				  knowingly establishes or operates a center without the appropriate license in
				  accordance with this chapter.
(c)
				  An offense under this section is a Class B misdemeanor.
(d) Each day a violation continues
				  constitutes a separate offense.