2.56, 2.156(a)(1), eff. P.A. (b) An action to recover a civil penalty is in addition to an action brought for injunctive relief under Section 142.013 or any other remedy provided by law. (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. Sec. It is captured using: ASNSW Ambulance arrival time as the start time to facilitate Transfer of Care, a clinical handover using a structured approach such as 'IMIST AMBO' must occur between the treating Paramedic and accepting ED clinician You know that." (a) The department shall issue a home and community support services agency license to provide home health, hospice, habilitation, or personal assistance services for each place of business to an applicant if: (A) qualifies for the license to provide the type of service that is to be offered by the applicant; (B) submits an application and license fee as required by this chapter; and, (C) complies with all applicable licensing standards required or adopted under this chapter; and. DISPOSAL OF SPECIAL OR MEDICAL WASTE. 76, Sec. CANHR's mission is to educate and support long term health care advocates and consumers regarding the rights and remedies under the law, and to create a united voice for long term care reform and . 1 (S.B. 800, Sec. Health IT Vendors: . Added by Acts 1993, 73rd Leg., ch. The license is valid until the agency has had an opportunity for a formal hearing as described in 97.601. Acts 1989, 71st Leg., ch. 879 (S.B. DEFINITIONS. (a) A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the purpose of administering to the agency's employees, home health or hospice patients, or patient family members under physician's standing orders the following dangerous drugs: (3) tuberculin purified protein derivative for tuberculosis testing; (4) pneumococcal polysaccharide vaccine; and. All Rights Reserved. Acts 2015, 84th Leg., R.S., Ch. 1420, Sec. Meaning, the referring physician will continue to treat the patient, but needs input. Acts 1989, 71st Leg., ch. 27, eff. includes information from Title 40, Part 1, Chapter 97 Subchapter B to ensure the participant has all the required information to complete Form 2021. the designated administrator and an alternate of a personal assistance agency; or. (f) The department shall evaluate and consider all information collected during the application process. (2) any controlling person with respect to the applicant complies with all applicable licensing standards required or adopted under this chapter. According to the Pan April 2, 2015. For the year in which a license expiration date is changed, the commission shall prorate the license fee on a monthly basis. (11) "Counselor" means an individual qualified under Medicare standards to provide counseling services, including bereavement, dietary, spiritual, and other counseling services, to both the client and the family. (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. 9, eff. Amended by Acts 2003, 78th Leg., ch. (e) A permit is valid for one year and is not transferable. 2, eff. Get Form How to create an eSignature for the form 2021 instructions Added by Acts 1997, 75th Leg., ch. 1, eff. 1, eff. 5, eff. See additional guidance at F626, 483.15(e)(1), Permitting Residents to Return. 219), Sec. 889 (H.B. 980 (H.B. These services do not include inpatient care normally provided in a licensed hospital to a terminally ill person who has not elected to be a hospice client. 21, eff. Amended by Acts 1993, 73rd Leg., ch. 11/17/2020 04:09 PM EST. 2.156(a)(1). Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 1129, Sec. 7, eff. 3:17 a.m. Page 1 (Sections 1, 3, 4, 5a and 5b) and Page 20, Mailing Address (if different from physical address), Page 1 (Sections 1, 3 and 5b) and Page 20, Agency Contact Information (telephone number) or Operating Hours, Page 1 (Sections 1, 3, 5 and 6) and Page 20, Agency Name (Doing Business As (DBA), not change of ownership), Page 1 (Sections 1, 3, 4 and 5) and Page 20, Name of Owner (Legal Entity) (name change only, not change of ownership), Page 1 (Sections 1, 3, and 5) and Page 20. The commission may issue a temporary license to an applicant for an initial license. 223), Sec. 219), Sec. 809 (S.B. 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). (a) The purpose of this chapter is to ensure that home and community support services agencies in this state deliver the highest possible quality of care. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Preview. 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. 702, Sec. (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. Disclosure, transfer, and discharge requirements. 219), Sec. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1997, 75th Leg., ch. Sept. 1, 2003. 198, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1 (S.B. (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. 916), Sec. (a) The department shall issue an order to suspend a permit issued under Section 142.025 if the department has reasonable cause to believe that the conduct of the permit holder creates an imminent danger to the public health or safety. Sec. LICENSE APPLICATION. Note: All partners within a partnership must be reported. Sec. (c) The department shall require a permit holder to satisfactorily complete a continuing education course approved by the department for renewal of the permit. DIrections: Using the information from the previous slides, select the best answers. Please check yes or no on the application for each question. 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). A certified agency must have a license to provide certified home health services. Amended by Acts 1999, 76th Leg., ch. 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. The department may charge a home and community support services agency a fee, not to exceed $50 per person, for the training. Acts 1989, 71st Leg., ch. (8) any other aspects of home health, hospice, habilitation, or personal assistance services as necessary to protect the public. 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. September 1, 2015. 9, eff. (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. Sept. 1, 1999. The following documents must be submitted: If you are requesting hospice you must also complete this form: Additional information concerning these documents maybe found on page 18 of Form 2021. (i) Except as provided by Subsection (h), the department may not renew an initial home and community support services agency license unless the department has conducted an initial on-site survey of the agency. Sept. 1, 1993; Acts 1997, 75th Leg., ch. Sec. 826 (H.B. If an incomplete application packet and license fee is submitted to DADS, it must contain a letter explaining the circumstances that prevented its completion. (b) A home and community support services agency that has cause to believe that a person receiving services from the agency has been abused, exploited, or neglected by an employee of the agency shall report the information to: (2) the Department of Family and Protective Services or other appropriate state agency as required by Section 48.051, Human Resources Code. (26) "Respite services" means support options that are provided temporarily for the purpose of relief for a primary caregiver in providing care to individuals of all ages with disabilities or at risk of abuse or neglect. If an agency reports a change in physical location, the agency must pay a fee and may be subject to a late fee, as described in 97.208. HHSC submitted an initial spending plan to the Centers for Medicare and Medicaid Services (CMS) on July 12, 2021. Amended by Acts 1993, 73rd Leg., ch. (ii) with respect to a matter under investigation by the department; (B) refuses to allow a representative of the department to inspect a book, record, or file required to be maintained by an agency; (C) wilfully interferes with the work of a representative of the department or the enforcement of this chapter; (D) wilfully interferes with a representative of the department preserving evidence of a violation of this chapter or a rule, standard, or order adopted or license issued under this chapter; (E) fails to pay a penalty assessed by the department under this chapter not later than the 10th day after the date the assessment of the penalty becomes final; or, (i) a plan of correction not later than the 10th day after the date the person receives a statement of licensing violations; or. 219), Sec. 1272 (S.B. A home and community support services agency shall: (1) assist clients as necessary with registering for disaster evacuation assistance through 2-1-1 services provided by the Texas Information and Referral Network; and. April 2, 2015. A person whose license is suspended or revoked under this subsection is entitled to a hearing not later than the seventh day after the effective date of the suspension or revocation. September 1, 2011. (f) A person who is not licensed to provide personal assistance services under this chapter may not indicate or imply that the person is licensed to provide personal assistance services by the use of the words "personal assistance services" or in any other manner. 800, Sec. April 2, 2015. Senate Majority Leader Mitch McConnell (R-Ky.) said on Thursday that there would be an "orderly" transition of power in 2021, after President Trump refused to commit to a peaceful handoff of . This is any organization that exercises operational or managerial control over the day-to-day operations of the HCSSA. 198, Sec. INVESTIGATIONS OF HOME AND COMMUNITY SUPPORT SERVICES AGENCIES PROVIDING HOSPICE SERVICES. 1318), Sec. This document applies whenever there is a change in the MRP of the patient. Sept. 1, 1989. Acts 2011, 82nd Leg., R.S., Ch. (22-a) "Personal care" means the provision of one or more of the following services required by an individual in a residence or independent living environment: (H) assisting with self-administered medications; (23) "Place of business" means an office of a home and community support services agency that maintains client records or directs home health, hospice, habilitation, or personal assistance services. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. 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