child/youth/family can determine that they want to transfer to HH care management services. Added by Acts 1990, 71st Leg., 6th C.S., ch. Department of Aging and Disability Services. A senior ranking . Each day of a continuing violation that occurs after the day on which the person receives written notice of the violation from the department constitutes a separate violation. Click on the TAC for more information. Please check yes or no on the application for each question. POWERS AND DUTIES. Sept. 1, 1989. 3.0414, eff. NOTICE OF DRUG TESTING POLICY. An applicant must notify DADS at least 60 days before the effective date of the CHOW. Sept. 1, 1993; Acts 1997, 75th Leg., ch. Created with SoftChalk, DADS Presentation
(b) For purposes of this chapter, "controlling person" includes: (1) a management company or other business entity that operates or contracts with others for the operation of a home and community support services agency; (2) a person who is a controlling person of a management company or other business entity that operates a home and community support services agency or that contracts with another person for the operation of a home and community support services agency; and. Acts 2011, 82nd Leg., R.S., Ch. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW; REFUND. 344), Sec. 1, eff. 800, Sec. TEMPORARY LICENSE. September 1, 2011. 142.025. 1191, Sec. Added by Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 276, Sec. 1 (S.B. 219), Sec. (12) "Home and community support services agency" means a person who provides home health, hospice, habilitation, or personal assistance services for pay or other consideration in a client's residence, an independent living environment, or another appropriate location. (d) The reports, records, and working papers used or developed in an investigation made under this section are confidential and may not be released or made public except: (2) to federal, state, or local law enforcement personnel; (3) with the consent of each person identified in the information released; (4) in civil or criminal litigation matters or licensing proceedings as otherwise allowed by law or judicial rule; (5) on a form developed by the department that identifies any deficiencies found without identifying a person, other than the home and community support services agency; (6) on a form required by a federal agency if: (A) the information does not reveal the identity of an individual, including a patient or a physician or other medical practitioner; (B) the service provider subject to the investigation had a reasonable opportunity to review the information and offer comments to be included with the information released or made public; and, (C) the release of the information complies with any other federal requirement; or. (b) The executive commissioner by rule shall set minimum standards for home and community support services agencies licensed under this chapter that relate to: (1) qualifications for professional and nonprofessional personnel, including volunteers; (2) supervision of professional and nonprofessional personnel, including volunteers; (3) the provision and coordination of treatment and services, including support and bereavement services, as appropriate; (4) the management, ownership, and organizational structure, including lines of authority and delegation of responsibility and, as appropriate, the composition of an interdisciplinary team; (6) financial ability to carry out the functions as proposed; (7) safety, fire prevention, and sanitary standards for residential units and inpatient units; and. On the application section 12b (vi), list the information requested if the owner/applicant is a subsidiary of another organization. DADS requires that management company controlled organizations be reported. Complete the affidavit. According to 97.13, the presurvey conference CBT must be completed by the individuals below: The presurvey conference CBT is on the DADS website at http://www.dads.state.tx.us/providers/hcssa/cbt. 2.194, eff. 980 (H.B. See additional guidance at F626, 483.15(e)(1), Permitting Residents to Return. Document Checklist for Initial and CHOW Applications The following documents must be submitted with the application packet: Completed application Form 2021 ; Completed Affidavit of Capability; Completed Affidavit of Financial Solvency; Non-refundable licensing fee; Completed entity documents for business organizations. April 2, 2015. June 10, 2019. Acts 2019, 86th Leg., R.S., Ch. (k) If a person is renewing or applying for a license to provide more than one type of service under this chapter, the surveys required for each of the services the license holder or applicant seeks to provide shall be completed during the same surveyor visit. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. Sec. Fill in the physical address and mailing address in this section of the application. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (2) whether the affected home and community support services agency had identified the violation as a part of its internal quality assurance process and had made appropriate progress on correction. Added by Acts 1990, 71st Leg., 6th C.S., ch. Sec. Added by Acts 1993, 73rd Leg., ch. 1, eff. Sept. 1, 1993. DADS will use the postmark to determine whether or not to assess a late fee. A license issued under this chapter shall be displayed in a conspicuous place in the designated place of business and must show: (1) the name and address of the licensee; (2) the name of the owner or owners, if different from the information provided under Subdivision (1); (4) the types of services authorized to be provided under the license. April 2, 2015. Facility-initiated transfers and discharges must meet all transfer and discharge requirements at 483.15(c)(1) -(5). Please check the boxes for each of counties you serve. 3, eff. Acts 2015, 84th Leg., R.S., Ch. (11-c) "Habilitation" means habilitation services, as defined by Section 534.001, Government Code, delivered by a licensed home and community support services agency. 142.019. Scroll over the image below for more information. Sept. 1, 2003. 14, Sec. 826 (H.B. 142.0061. 76, Sec. September 1, 2015. September 1, 2007. (b) In addition to the requirements of Subsection (a), if the applicant is a certified agency when the application for a license to provide certified home health services is filed, the applicant must maintain its Medicare certification. September 1, 2013. 800, Sec. SUBTITLE G. LICENSES AND OTHER REGULATION, CHAPTER 142. 826 (H.B. Sept. 1, 1997. 1420, Sec. HOME HEALTH MEDICATION AIDE TRAINING PROGRAMS. Sec. 142.0174. Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Application- http://www.dads.state.tx.us/forms/2021/. This chapter and the rules adopted under this chapter establish minimum standards for acceptable quality of care, and a violation of a minimum standard established or adopted under this chapter is a violation of law. 3.1639(48), eff. 3.0411, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Both physicians must keep a copy of the written transfer agreement in the beneficiary's medical record. April 2, 2015. Sept. 1, 1993. Sept. 1, 1999; Acts 2003, 78th Leg., ch. September 1, 2007. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 3, eff. In addition, one of the following must be submitted: (as filed with the Texas Secretary of State). June 19, 1990. 142.003. The following additional documents must be submitted for a CHOW: Additional information concerning these documents maybe found on page 18 of Form 2021 and by clicking here. September 1, 2011. 678, Sec. Sept. 1, 1999. A legal entity could be a. Acts 2005, 79th Leg., Ch. The notice must include: (1) separate statements of the findings of fact and conclusions of law; (2) the amount of any penalty assessed; and. 1720), Sec. Sign it in a few clicks (e) The department shall require each person or home and community support services agency providing home health, hospice, habilitation, or personal assistance services to implement and enforce the applicable provisions of Chapter 102, Human Resources Code. 219), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless: (a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility; 800, Sec. 1191, Sec. (2) The application form must be accurate and complete and must contain original signatures. If you have questions please review the CBT. (a) If the attorney general brings an action against a person under Section 142.013 or 142.014 or to enforce an administrative penalty assessed under Section 142.0173 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs. At the end of the questions please click on the button to check your answers. (b) A license holder that adopts policies and procedures under this section shall: (1) provide a copy of the policies and procedures to the patient and the patient's family; (2) discuss the policies and procedures with the patient and the patient's family in a language and manner the patient and patient's family understand; and. This includes all of the individuals identified in Item 12b (i), as well as the administrator, alternate administrator and chief financial officer. 879 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. This affidavit attests that your agency as the provider of services states and declares that it has the financial resources to meet its proposed budget and to provide the services required during the term of the license. Please read the section and its corresponding rules located both here and in the TAC Chapter 97 Subchapter Part B. Please fill out the form (which is sent immediately after purchase), and return the document via email (oana@oanahealthcare.com). 142.014. 6, eff. Sept. 1, 1999. 4, eff. (c) The department may find that a home and community support services agency has satisfied the requirements for licensing if the agency is accredited by an accreditation organization, such as The Joint Commission or the Community Health Accreditation Program, and the department finds that the accreditation organization has standards that meet or exceed the requirements for licensing under this chapter. Sept. 1, 2003. 3.1639(48), eff. Sept. 1, 1999. Sept. 1, 1999. Sec. AUTHORIZED DISPOSAL. September 1, 2015. Proof of National Provider Identification Number; Job description for the supervising nurse and alternate supervising nurse; Current resume or curriculum vitae for the agency administrator and the alternate administrator; Current resume or curriculum vitae for the supervising nurse and alternate supervising nurse; Written plan for the orderly transfer of care for the patients/clients. For more information click here 97.13. Mental Health Discharge: live: Mental Health eDischarge 2.9.0-live: 30 July 2021: Transfer of Care information to support . (i) or Item 12 b. Sept. 1, 1997. (a) The executive commissioner by rule shall set license fees for home and community support services agencies in amounts that are reasonable to meet the costs of administering this chapter, except that the fees may not be less than $600 or more than $2,625 for a license to provide home health, hospice, habilitation, or personal assistance services. 2.56, 2.156(a)(1), eff. The executive commissioner by rule may adopt a system under which licenses expire on various dates during the three-year period. April 2, 2015. 916), Sec. Sec. Sec. (c) A fee charged under this section is nonrefundable. Fill out the application with each owner applicants information. Sept. 1, 1993. (c) The department may suspend or revoke a home and community support services agency's license to provide certified home health services if the agency fails to maintain its certification qualifying the agency as a certified agency. (c) The executive commissioner by rule shall require that, at a minimum, before the department may approve a license application, the applicant must provide to the department: (1) documentation establishing that, at a minimum, the applicant has sufficient financial resources to provide the services required by this chapter and by the department during the term of the license; (2) a list of the management personnel for the proposed home and community support services agency, a description of personnel qualifications, and a plan for providing continuing training and education for the personnel during the term of the license; (3) documentation establishing that the applicant is capable of meeting the minimum standards established by the executive commissioner relating to the quality of care; (4) a plan that provides for the orderly transfer of care of the applicant's clients if the applicant cannot maintain or deliver home health, hospice, habilitation, or personal assistance services under the license; (5) identifying information on the home and community support services agency owner, administrator, and chief financial officer to enable the department to conduct criminal background checks on those persons; (6) identification of any controlling person with respect to the applicant; and. 1318), Sec. orderly transfer or discharge from the facility this orientation must be provided in a form and manner that the resident can understand in the case of facility closure, the individual who is the administrator of the facility . (a) In this section, "abuse," "exploitation," and "neglect" have the meanings applicable through a rule adopted by the executive commissioner under Section 48.002(c), Human Resources Code, except that if the executive commissioner has not adopted applicable rules under that section, the statutory definitions of those terms under Section 48.002(a), Human Resources Code, shall be used. 2.193, eff. (c) The department or its authorized representative shall investigate each complaint received regarding the provision of home health, hospice, habilitation, or personal assistance services and may, as a part of the investigation: (1) conduct an unannounced survey of a place of business, including an inspection of medical and personnel records, if the department has reasonable cause to believe that the place of business is in violation of this chapter or a rule adopted under this chapter; (2) conduct an interview with a recipient of home health, hospice, habilitation, or personal assistance services, which may be conducted in the recipient's home if the recipient consents; (3) conduct an interview with a family member of a recipient of home health, hospice, habilitation, or personal assistance services who is deceased or other person who may have knowledge of the care received by the deceased recipient of the home health, hospice, habilitation, or personal assistance services; or. 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