April 2, 2015. 223), Sec. (2) grant any other injunctive relief warranted by the facts. Sept. 1, 1999. (b) For purposes of this section, reasonable expenses and costs include expenses incurred by the department and the attorney general in the investigation, initiation, and prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses. 3, eff. (c) If the person notified of the violation accepts the determination of the department or if the person fails to respond in a timely manner to the notice, the department shall order the person to pay the proposed penalty. DADS sends a reminder at least 120 days before the expiration. (b) The attorney general shall institute and conduct a suit authorized by this section at the request of the department and in the name of the state. 142.005. (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. April 2, 2015. 879 (S.B. Plan for the Orderly Transfer of Care Policy | OANA Healthcare Policy & Procedures: Thank you for choosing OANA Healthcare & Consulting LLC, for your organization's requirements. (b) A person who is not licensed to provide home health services under this chapter may not indicate or imply that the person is licensed to provide home health services by the use of the words "home health services" or in any other manner. However, they should be able to function utilizing their inherent strengths and existing care delivery structure. Acts 2015, 84th Leg., R.S., Ch. A dignified transfer is conducted for every U.S. military member who dies in the theater of operation while in the service of their country. (17) "Independent living environment" means: (A) a client's individual residence, which may include a group home or foster home; or. The dignified transfer is not a ceremony; rather, it is a solemn movement of the transfer case by a carry team composed of military personnel from the fallen member's respective service. (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. 3.1639(48), eff. The agency must cease operation on the date the license expires if DADS does not receive a renewal application postmarked before the expiration date. Scroll over the image for suggestions on taking CBT's. 31, Sec. 219), Sec. Other If the facility/agency is operated by or proposed to be operated under a management company, enter the following management company information. (27) "Social worker" means an individual licensed as a social worker under Chapter 505, Occupations Code. (a) A license holder may adopt written policies and procedures related to the disposal of a patient's unused controlled substance prescription drugs on the patient's death or in other circumstances in which disposal is appropriate. September 1, 2015. The National Provider Identification (NPI) number is the standard unique health identifier for health care providers and is assigned by the National Plan and Provider Enumeration System (NPPES). If the person paid the amount of the penalty under Subsection (b)(2) and if that amount is reduced or is not upheld by the court, the court shall order that the department pay the appropriate amount plus accrued interest to the person. In determining appropriate categories, the department shall make distinctions based on factors useful to the public in assessing the quality of services provided by a home and community support services agency, including whether the complaint: (1) was determined to be valid or invalid; (2) involved significant physical harm or death to a patient; (3) involved financial exploitation of a patient; or. 13, eff. The commission may issue an initial license for a shorter term to conform expiration dates for a locality or an applicant. (2) any person requesting the information. Sept. 1, 1993; Acts 1997, 75th Leg., ch. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 4001), Sec. ADMINISTRATIVE PENALTY. (e) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the department may refer the matter to the attorney general for collection of the penalty. 760), Sec. 142.008. Hospice information can also be found by clicking here. 9, eff. (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. A senior ranking . (a) If the person notified requests a hearing, the department shall refer the case to the State Office of Administrative Hearings and an administrative law judge of that office shall conduct the hearing. 3.1639(48), eff. For more information click here 97.13. (b) The penalty shall be not less than $100 or more than $1,000 for each violation. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond. The name must match with payment on file. Adult Care Facility/Assisted Living 30 Day Notice of Termination DOH-5237 Page 1 of 2 (12/17) A copy of this notice has also been provided and/or sent to: Yourself (the resident) 1, eff. (c) The disposal of a controlled substance prescription drug under this section must occur at the location at which the drug was confiscated and be witnessed by another person 18 years of age or older. HOME AND COMMUNITY SUPPORT SERVICES LICENSE. Report both the organization/individual and stockholders/investors that have ownership in the applicant/agency. 3, eff. (2) The application form must be accurate and complete and must contain original signatures. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. In addition, contact the Medicare program's information line: 1-800-MEDICARE (1-800-633-4227) (TTY: 1-877-486-2048 for the hearing impaired). Added by Acts 1999, 76th Leg., ch. April 2, 2015. A legal entity could be a corporation, limited partnership, general partnership, sole proprietor, limited liability company, city, county, state or federal government authority or hospital district/authority or a trust, living trust, estate. 450, Sec. 800, Sec. 678, Sec. An agency is exempt from the requirements when reporting a temporary relocation that results from the effects of an emergency or disaster, as specified in 97.256. (5) a trainee in a medication aide training program approved by the department under Section 142.024 who is administering medications as part of the trainee's clinical experience. 678, Sec. 15, eff. Do not leave any blanks on the form. Ambulatory Care Facility - Initial Licensure. child/youth/family can determine that they want to transfer to HH care management services. 826 (H.B. 11, eff. The commission or its authorized representative shall investigate an allegation of abuse, neglect, or exploitation of a client of any age of a home and community support services agency if: (1) the abuse, neglect, or exploitation occurs when the client is receiving inpatient hospice services; and. 142.009. 142.013. 3.0402, eff. (1) An applicant shall not misstate a material fact on any documents required to be submitted under this subsection. Please list any stockholders of the management company who are also stockholders listed in Item 12 b. Those agencies requesting only the category of Personal Assistance Services do not require a supervising nurse or alternate supervising nurse. On the application section 12b (vii), provide the information requested for those individuals with ownership interest in the parent organization. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 142.018. 11/17/2020 04:09 PM EST. Sec. 1, eff. 800, Sec. In this section you must disclose information about the owner/applicant and affiliates. Acts 2015, 84th Leg., R.S., Ch. September 1, 2011. The written notice must include an application for license renewal and instructions for completing the application. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 142.023. 142.010. Sharps include hypodermic needles; hypodermic syringes with attached needles; scalpel blades; razor blades, disposable razors, and disposable scissors used in medical procedures; and intravenous stylets and rigid introducers. 10, eff. 609 (S.B. April 2, 2015. 1 (S.B. (b) Not later than the 20th day after the date on which the notice is received, the person notified may accept the determination of the department made under this section, including the proposed penalty, or may make a written request for a hearing on that determination. Please read the section and its corresponding rules located both here and in the TAC Chapter 97 Subchapter Part B. Sept. 1, 2003. At the end of the quiz please clck on the answer button to see your score. DADS will issue a license or deny the application within 45 days of receipt of a complete application, which includes all required documentation and fees. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (a) The application. Sign it in a few clicks Scroll over the image for more information. (5) "Branch office" means a facility or site in the geographical area served by a home and community support agency where home health or personal assistance services are delivered or active client records are maintained. 223), Sec. Home care and hospice agencies already perform activities necessary for effective 1, eff. 826 (H.B. (c) Within the 30-day period, a person who acts under Subsection (b)(3) may: (A) paying the penalty to the court for placement in an escrow account; or, (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the order is final; or. Sept. 1, 1999; Acts 2001, 77th Leg., ch. This affidavit attests that you have read, understand and are able to meet the requirements listed in Title 40 Texas Administrative Code Chapter 97 and Health and Safety Code Chapter 142. Sept. 1, 1995. Agency records may be removed from an agency only with the agency's consent. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1420, Sec. 5, eff. The department may require an applicant or license holder to provide the department with information relating to compliance by the applicant, the license holder, or a controlling person with respect to the applicant or license holder with regulatory requirements in any other state in which the applicant, license holder, or controlling person operates or operated a home and community support services agency. 276, Sec. 887, Sec. (b) An emergency suspension is effective immediately without a hearing on notice to the permit holder. If at the time an agency submits a timely renewal application, and an action to revoke, suspend, or deny renewal of the license is pending, the agency may continue to operate. This is the same name as the legal entity name unless otherwise filed with the Secretary of State as an assumed name. The political process works. If needed you may refer back to the previous slide. President Donald Trump called for an "orderly" transition of power to a new administration on Thursday, one day after his supporters attacked the Capitol building, ransacked offices and 678, Sec. September 1, 2015. 223), Sec. Place a check mark on Form 2021 beside the type of application, you are seeking a license for, in section one. To process the order, we need to collect some information regarding your company. Time factors when submitting CHOW application packets. 31, Sec. 1272 (S.B. (d) The department shall issue a permit or renew a permit to an applicant who: (1) meets the minimum requirements adopted under Section 142.023; (2) successfully completes the examination or the continuing education requirements; and. (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. 678, Sec. 142.0012. 892, Sec. 4001), Sec. Penalties may be appropriated only to the department and to administer this chapter. Sec. copy of the will, letters, testamentary or trust agreement. DHS will begin processing people who had been forced to "remain in Mexico" under the Migrant Protection . (b) A home and community support services agency that purchases, stores, or transports a vaccine or tuberculin under this section shall ensure that any standing order for the vaccine or tuberculin: (1) is signed and dated by the physician; (2) identifies the vaccine or tuberculin covered by the order; (3) indicates that the recipient of the vaccine or tuberculin has been assessed as an appropriate candidate to receive the vaccine or tuberculin and has been assessed for the absence of any contraindication; (4) indicates that appropriate procedures are established for responding to any negative reaction to the vaccine or tuberculin; and. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. September 1, 2011. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (6) involves the rights of the elderly under Chapter 102, Human Resources Code. 2.197, eff. Scroll over the image below for more information. 4, eff. Acts 2015, 84th Leg., R.S., Ch. Don't submit documents without being notarized. (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. Get email updates. 142.004. 142.001. 826 (H.B. September 1, 2011. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) The department shall issue an alternate delivery site license to a qualified hospice. On the application section 12b (ii), complete a separate section for each legal business entity and disclose the name, address, Tax ID number (EIN) and contact person information for the management company. 7, eff. 3.0412, eff. Completing Form 2021Licensing Application. June 19, 1990. Sept. 1, 1999. Each day of a violation that occurs before the day on which the person receives written notice of the violation from the department does not constitute a separate violation and shall be considered to be one violation. 3, eff. (3) a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. 1, eff. An agency is not required to pay a fee to report a change in alternate administrator, but the agency must pay a late fee, as described in 97.208, if the agency does not report the change within the time frame required. 2, eff. DADS will use the postmark to determine whether or not to assess a late fee. This section is divided up into regions. The term includes: (B) health-related services performed under circumstances that are defined as not constituting the practice of professional nursing by the Texas Board of Nursing under the terms of a memorandum of understanding executed by the board and the department; and. Acts 2019, 86th Leg., R.S., Ch. 142.030. 198, Sec. 12/01/2021 05:40 PM. 5, eff. (25) "Residential unit" means a facility that provides living quarters and hospice services to clients admitted into the unit and that is in compliance with standards adopted under this chapter. 3, eff. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. A legal entity could be a corporation, limited partnership, general partnership, sole proprietor, limited liability company, city, county, state or federal government authority or hospital district/authority or a trust, living trust, estate; Franchise tax account status from the State Comptroller's Office or exemption letter; Proof of National Provider Identification Number; Job descriptions for the agency administrator and alternate administrator; Job description for the supervising nurse and alternate supervising nurse; A written plan to provide annual continuing education for management personnel; 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; Form 2022, criminal history check, for each owner, administrator, alternate administrator and chief financial officer; Copies of the initial 8 hour administrator training certificates; and. Those persons providing Home Health, Hospice or Personal Assistance Services (PAS) for pay or other considerations in a client's residence, an independent living environment or another appropriate location should submit this application. 1 (S.B. (c) The penalty shall be assessed in accordance with department rules. (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and. Sec. 142.0174. (20) a person who provides intellectual and developmental disabilities habilitative specialized services under Medicaid and is: (A) a certified HCS or TxHmL provider; or, (B) a local intellectual and developmental disability authority contracted under Section 534.105; or. If the person paid the penalty under Subsection (c)(1)(A), or gave a supersedeas bond, and if the amount of the penalty is not upheld by the court, the court shall order the release of the escrow account or bond. Please check the boxes for each of counties you serve. These services include support services for terminally ill patients and their families that: (A) are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; (B) are provided by a medically directed interdisciplinary team; and. 'Transfer of Care' time is a new measure that is replacing 'off stretcher' time. The response shall be made a part of the record of the survey for all purposes. The executive commissioner may adopt rules governing the duties and responsibilities of home and community support services agency administrators, including rules regarding: (1) an administrator's management of daily operations of the home and community support services agency; (2) an administrator's responsibility for supervising the provision of quality care to agency clients; (3) an administrator's implementation of agency policy and procedures; and. September 1, 2011. (20) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) A home and community support services agency in compliance with this section or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the purpose of administering to their home health or hospice patients in accordance with Subsection (c) the following dangerous drugs: (1) any of the following items in a sealed portable container of a size determined by the dispensing pharmacist: (A) 1,000 milliliters of 0.9 percent sodium chloride intravenous infusion; (B) 1,000 milliliters of five percent dextrose in water injection; or. Provide the information requested for those individuals with ownership interest in the applicant/agency only the category Personal... Button to see your score the elderly under Chapter 505, Occupations Code in the TAC 97. Type of application, you are seeking a license for, in section one please read the and... Individuals with ownership interest in the parent organization c ) the department and to this... 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