Scroll over the image for more information. (6) any other matters that justice may require. Sec. Hospice Request for Certification in the Medicare Program Form 417. September 1, 2015. 2.197, eff. It remains the full responsibility of each applicant to complete the application in its entirety with accurate information; follows Form 2021 which is divided into sections that require the applicant to fill out specific information; and. 27, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2011. 31, Sec. 5.95(49), eff. ADMINISTRATION OF MEDICATION; CRIMINAL PENALTY. (a) The executive commissioner by rule shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to administer its functions under this subchapter. Sept. 1, 1993; Acts 1997, 75th Leg., ch. History: June Sp. This document applies whenever there is a change in the MRP of the patient. Acts 1989, 71st Leg., ch. (d) A person whose application is denied or whose license is suspended or revoked is entitled to a hearing if the person submits a written request to the commission. 760), Sec. A prospective new owner must submit a postmarked, complete and correct application packet for a license and the appropriate license fee at least 30 days before the date of sale or other transfer of ownership, and before the expiration date of the license. 142.0093. 1, eff. Acts 2007, 80th Leg., R.S., Ch. These are children being reunited with their families who will care for them. Sec. Sept. 1, 1993; Acts 1997, 75th 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. September 1, 2015. (j) The department may assess an administrative penalty without providing a reasonable period of time to the agency to correct the violation if the violation: (2) constitutes a serious threat to health or safety; (3) substantially limits the agency's capacity to provide care; (A) makes a false statement, that the person knows or should know is false, of a material fact: (i) on an application for issuance or renewal of a license or in an attachment to the application; or. 879 (S.B. 1, eff. (e) The department's representative shall hold a conference with the person in charge of the home and community support services agency before beginning the on-site survey to explain the nature and scope of the survey. Sept. 1, 2003. (5) any other vaccine approved, authorized for emergency use, or otherwise permitted for use by the United States Food and Drug Administration to treat or mitigate the spread of a communicable disease, as defined by Section 81.003. Acts 1989, 71st Leg., ch. 3, eff. In order to bill for a consult, the referring physician is requesting an opinion or advice on how to treat the patient. Check the appropriate boxes on the application and provide needed attachments if you answered yes. LICENSE REQUIRED. 47, eff. Sept. 1, 1999. 142.043. Sept. 1, 1989. If the person paid the penalty under Subsection (c)(1)(A) and the amount of the penalty is reduced, the court shall order that the amount of the penalty be paid to the department from the escrow account and that the remainder of the account be released. (2) not more than five dosage units of any of the following items in an individually sealed, unused portable container: (A) heparin sodium lock flush in a concentration of 10 units per milliliter or 100 units per milliliter; (B) epinephrine HCl solution in a concentration of 1 to 1,000; (C) diphenhydramine HCl solution in a concentration of 50 milligrams per milliliter; (D) methylprednisolone in a concentration of 125 milligrams per two milliliters; (E) naloxone in a concentration of one milligram per milliliter in a two-milliliter vial; (F) promethazine in a concentration of 25 milligrams per milliliter; (G) glucagon in a concentration of one milligram per milliliter; (H) furosemide in a concentration of 10 milligrams per milliliter; (I) lidocaine 2.5 percent and prilocaine 2.5 percent cream in a five-gram tube; or. This specification may be subject to controlled future changes. 1 (S.B. It will be helpful to print the application Form 2021 so it may be reviewed throughout this course. 553, Sec. Added by Acts 1993, 73rd Leg., ch. (c) The department shall require a permit holder to satisfactorily complete a continuing education course approved by the department for renewal of the permit. 223), Sec. Sept. 1, 1997. Sept. 1, 1993. 31, Sec. (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. 879 (S.B. 4001), Sec. Section 1395 et seq.). 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. 8, eff. DADS does not require an agency to admit a client under each category of service authorized under the license as a condition for renewal of the license. Remember that an application is not considered complete until the applicant pays the full licensing fee. September 1, 2015. You may learn more about the definitions of these types of ownership companies by clicking here. Added by Acts 2019, 86th Leg., R.S., Ch. 889 (H.B. Don't forget to complete all applicable sections of the application. The following documents must be submitted with the application packet: Additional information concerning these documents maybe found on pages 17-18 of Form 2021 and by clicking here. 1, eff. Acts 2015, 84th Leg., R.S., Ch. The attorney general shall bring suit on behalf of the state to collect the civil penalty. January 7, 2021 / 7:16 AM / CBS/AP. 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. (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. Sec. Sec. Amended by Acts 1993, 73rd Leg., ch. 1.03, 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. C-YES staff will complete the "Transfer Referral Form for C-YES, Health Homes, and Care Management Agencies" to indicate to the HH or care management agency where in the process / service the child/youth/family are, so the HH/CMA is aware. POSSESSION OF CERTAIN VACCINES OR TUBERCULIN. 1317, Sec. (4) interview a physician or other health care practitioner, including a member of the personnel of a home and community support services agency, who cares for a recipient of home health, hospice, habilitation, or personal assistance services. September 1, 2015. 65, eff. 31, Sec. 21, eff. (d) If the department receives a copy of an affidavit under Subsection (c)(2), the department may file with the court, within 10 days after the date the copy is received, a contest to the affidavit. 11, eff. (c) This section does not affect the duty or authority of any state agency to conduct an investigation of alleged abuse, exploitation, or neglect as provided by other law. 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. Scroll over the TAC to learn about more information. 1, eff. (g) The executive commissioner shall establish a system to ensure standard and consistent application of penalties regardless of the home and community support services agency location. 980 (H.B. September 1, 2011. SUBCHAPTER B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Other 809 (S.B. 28, eff. Sept. 1, 1997. 1191, Sec. Do not leave any blanks on the form. 879 (S.B. All directors, partners, members, officers, executives and trustees. 3.0400, eff. 1, eff. An agency licensed under this chapter shall provide to the following persons a written statement describing the agency's policy for the drug testing of employees who have direct contact with clients: (1) each person applying for services from the agency; and. 1, Sec. 276, Sec. The Biden Administration is announcing another step in our phased strategy to reform the nation's immigration system. 4001), Sec. (b) The executive commissioner by rule shall: (1) specify the information provided in an application that a license holder shall report to the department if the information changes; (2) prescribe the time for reporting a change in the application information required by Subdivision (1); (3) establish which changes required to be reported under Subdivision (1) will require department evaluation and approval; and. 826 (H.B. On receipt of a container under Subsection (f), the pharmacy shall perform an inventory of the drugs used from the container and shall restock and reseal the container before delivering the container to the agency for reuse. 3.0405, eff. The memorandum of understanding must be approved by the commission. (3) "Bereavement" means the process by which a survivor of a deceased person mourns and experiences grief. September 1, 2011. September 1, 2007. Sec. The department's representative shall leave a written list of the preliminary findings with the agency at the exit conference. (3) document in the patient's clinical record that the policies and procedures were provided and discussed under Subdivisions (1) and (2). (a) A person who engages in the business of providing home health, hospice, habilitation, or personal assistance service, or represents to the public that the person is a provider of home health, hospice, habilitation, and personal assistance services for pay, without a license issued under this chapter authorizing the services that are being provided is liable for a civil penalty of not less than $1,000 or more than $2,500 for each day of violation. You can also download it, export it or print it out. Health IT Vendors: . 3, eff. 13, eff. The commission may issue a temporary license to an applicant for an initial license. DADS requires in section 13 (b) that an owner/applicant disclose the information below for certain individuals listed below. A person whose license has expired may not engage in activities that require a license. April 2, 2015. A facility must provide and document sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility. To avoid delays in the application process, the applicant should ensure that the appropriate individuals have completed the presurvey computer-based training (CBT) before submission of Form 2021. (2) not later than 20 days after receipt of the order, send a copy of the order as signed by and received from the physician to the dispensing pharmacy. 7, eff. 800, Sec. On the application complete a separate page for each legal business entity and disclose the name, address, tax ID number and contact person information for the management company. Acts 2011, 82nd Leg., R.S., Ch. 5.95(49), eff. Sec. 142.012. (19) "Investigation" means an inspection or survey conducted by a representative of the department to determine if a licensee is in compliance with this chapter. Sept. 1, 1989. September 1, 2011. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 26, eff. 142.023. Acts 2007, 80th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Amended by Acts 2003, 78th Leg., ch. 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. Sign it in a few clicks 1, eff. 76, Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. CONTROLLING PERSON. Amended by Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. In addition, one of the following must be submitted: (as filed with the Texas Secretary of State). 826 (H.B. 42, 43, eff. 6, eff. Sept. 1, 1993. 10, eff. 142.007. (7) "Certified home health services" means home health services that are provided by a certified agency. Completing Form 2021Licensing Application. However, they should be able to function utilizing their inherent strengths and existing care delivery structure. 800, Sec. An agency must not transfer a license from one location to another without prior notice to DADS. 1160 (H.B. Scroll over the image for suggestions on taking CBT's. Amended by Acts 1993, 73rd Leg., ch. (a) The department shall give notice of the order under Section 142.0172(c) to the person alleged to have committed the violation. 916), Sec. 3, eff. The Health and Safety Code Chapter 142, Section 142.010, authorizes the Texas Department of Aging and Disability Services (DADS) to set home and community support services agency licensing fees. DISPENSING DANGEROUS DRUGS OR CONTROLLED SUBSTANCES; CRIMINAL PENALTY. Acts 2019, 86th Leg., R.S., Ch. (b) A home and community support services agency that owns or operates an administrative support site is not required to obtain a separate license under this chapter for the administrative support site. 142.0012. 1720), Sec. Acts 2015, 84th Leg., R.S., Ch. (a) Except as provided by Section 142.003, a person, including a health care facility licensed under this code, may not engage in the business of providing home health, hospice, habilitation, or personal assistance services, or represent to the public that the person is a provider of home health, hospice, habilitation, or personal assistance services for pay without a home and community support services agency license authorizing the person to perform those services issued by the department for each place of business from which home health, hospice, habilitation, or personal assistance services are directed. (g-1) If the department or the department's authorized representative discovers any additional violations during the review of field notes or preparation of the official statement of deficiencies for a home and community support services agency, the department or the department's representative shall conduct an additional exit conference regarding the additional violations. If a complete and correct application packet and license fee to DADS is received by the date of sale, the applicant must prove to DADS' satisfaction that the health and safety of the agency's clients requires an emergency CHOW. If CMS denies certification to an applicant or if the applicant withdraws the application for participation in the Medicare program, the agency may retain the category of licensed only. 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. 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. . Acts 2015, 84th Leg., R.S., Ch. Note: The sum of (ii) must equal (i) and the sum of (iv) must equal (iii). 198, Sec. All stockholders (individual persons and any business entities) owning a percentage of the agency. 678, Sec. This is any organization that exercises operational or managerial control over the day-to-day operations of the HCSSA. (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. DADS will use the postmark to determine whether or not to assess a late fee. Sec. 22-70 made a technical change in Subdiv. (29) "Terminal illness" means an illness for which there is a limited prognosis if the illness runs its usual course. 889 (H.B. (B) other settings where a client participates in activities, including school, work, or church. (a) The executive commissioner shall adopt rules necessary to implement this chapter. child/youth/family can determine that they want to transfer to HH care management services. (a) Sections 142.021 and 142.029 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Texas Board of Nursing; (2) a student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience; (3) a graduate vocational nurse holding a temporary permit issued by the Texas Board of Nursing; (4) a student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or. An agency's place of business must be located in and have an address in Texas. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. The department shall organize the records or documents according to standard, statewide categories as determined by the department. DHS will begin processing people who had been forced to "remain in Mexico" under the Migrant Protection . Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. 5, eff. (e) A license issued under this chapter may not be transferred to another person, but may be transferred from one location to another location. Acts 2011, 82nd Leg., R.S., Ch. Those agencies requesting only the category of Personal Assistance Services do not require a supervising nurse or alternate supervising nurse. (h) Except for the investigation of complaints, a home and community support services agency licensed by the department under this chapter is not subject to additional surveys relating to home health, hospice, or personal assistance services while the agency maintains accreditation for the applicable service from The Joint Commission, the Community Health Accreditation Program, or other accreditation organizations that meet or exceed the regulations adopted under this chapter. 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