(a) The department may deny a license application or suspend or revoke the license of a person who: (1) fails to comply with the rules or standards for licensing required by this chapter; or. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. April 2, 2015. 'Transfer of Care' time is a new measure that is replacing 'off stretcher' time. 916), Sec. June 19, 1990. 800, Sec. 980 (H.B. 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, 2015. Section 1395 et seq. 13, eff. 10, eff. Sec. 3, eff. Sept. 1, 1989. 879 (S.B. 3.0410, eff. Get email updates. 1 (S.B. Sec. Sept. 1, 1999. If you have questions please review the CBT. (5) minimum standards for on-site supervision of a permit holder by a registered nurse. ); and. (C) health-related tasks provided by unlicensed personnel under the delegation of a registered nurse or that a registered nurse determines do not require delegation. 4, eff. (4) administers noninjectable medication under circumstances authorized by the memorandum of understanding executed by the department and the Texas Board of Nursing. 1 (S.B. 11, eff. Acts 2015, 84th Leg., R.S., Ch. 1272 (S.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. (a) This section applies to an employee of a license holder who is a health care professional licensed under Title 3, Occupations Code. Take time to review the application and to ensure that all the required documentation is in the application packet before mailing. 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 . 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. You can also download it, export it or print it out. (a) A home and community support services agency that generates special or medical waste while providing home health services must dispose of the waste in the same manner that the home and community support services agency disposes of special or medical waste generated in the agency's office location. Subchapter B - http//wwwdadsstateus/handbooks/lshcssa/. SUBCHAPTER C. DISPOSAL OF CONTROLLED SUBSTANCE PRESCRIPTION DRUGS BY HOSPICE SERVICE PROVIDER. (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and. 198, Sec. April 2, 2015. A license holder shall pay the total license renewal fee at the time of renewal. 879 (S.B. (a) A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith information relating to home health, hospice, habilitation, or personal assistance services provided by the license holder. IV. 14, eff. [35] 142.004. 980 (H.B. 219), Sec. 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. 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. September 1, 2019. Transfer of care. 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). 678, Sec. Acts 2015, 84th Leg., R.S., Ch. In the case of patients who are minor children, records will be retained until two years following the year in which the patient reaches majority age. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1 (S.B. Sec. DADS notifies an agency if the information the agency provides does not reflect that a person meets the required qualifications per 97.218 . 4001), Sec. The transfer date must either be the same day or the day after the patient leaves one hospice and received by the other hospice. 63, eff. 678, Sec. 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. (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. 1, eff. Sec. (c) A branch office license expires on the same date as the license to provide home health or personal assistance services held by the applicant for the branch office license. (1) An applicant shall not misstate a material fact on any documents required to be submitted under this subsection. 916), Sec. 0. The response shall be made a part of the record of the survey for all purposes. 1.07, eff. 25, eff. EMPLOYEE TRAINING. Added by Acts 1990, 71st Leg., 6th C.S., ch. (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. 4001), Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. (i) Repealed by Acts 2003, 78th Leg., ch. The application form must also be used to update DADS about changes that affect your agency such as: agency service area (expanding or reducing); category(ies) of service(s) (adding or deleting); ownership interests and/or stock transfer of 49% or less; agency name (legal entity name and/or DBA); and. September 1, 2013. (C) may be provided in a home, nursing home, residential unit, or inpatient unit according to need. 1 (S.B. 974 (S.B. 219), Sec. For each licensure period, an agency must provide services to at least one client. September 1, 2019. 10, eff. 1420, Sec. Agency to assure continuity of care and services to the patient. (b) A home and community support services agency or the agency's authorized employees may purchase, store, or transport dangerous drugs in a sealed portable container under this section only if the agency has established policies and procedures to ensure that: (1) the container is handled properly with respect to storage, transportation, and temperature stability; (2) a drug is removed from the container only on a physician's written or oral order; (3) the administration of any drug in the container is performed in accordance with a specific treatment protocol; and. Amended by Acts 2003, 78th Leg., ch. (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. 142.022. (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. All Rights Reserved. (21)(C); P.A. September 1, 2015. Sec. 5, eff. The notice must include: (1) separate statements of the findings of fact and conclusions of law; (2) the amount of any penalty assessed; 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. 142.0174. (a) The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004. The Border Patrol facilities have become crowded with children and the 72-hour timeframe for the transfer of children from the Border Patrol to HHS is . Meal Delivery Adult Day Program Day Hospital Equipment Supplies (Drsg. (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. Author Recent Posts 1, eff. If there is a significant change in condition, the resident should be reassessed to determine whether a change in the care and treatment plan would preclude transfer and allow the resident to remain in the facility. 1191, Sec. 2.197, eff. May 18, 2021. 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. Acts 2015, 84th Leg., R.S., Ch. 13, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b) The executive commissioner by rule shall establish standards required for the issuance of an alternate delivery site license. Acts 2015, 84th Leg., R.S., Ch. (a-1) The department shall give written notice of the hearing to the person. Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. A first-time application for a license is an application for an initial license. (e) (1) Permitting residents to return to facility. Acts 2011, 82nd Leg., R.S., Ch. 769, Sec. Sec. (2) is under the substantial evidence rule. September 1, 2011. AUTHORIZED DISPOSAL. Added by Acts 2019, 86th Leg., R.S., Ch. (B) provides nursing services by a person exempt from licensing by Section 301.004, Occupations Code, because the person furnishes nursing care in which treatment is only by prayer or spiritual means; (13) an individual hired and paid directly by the client or the client's family or legal guardian to provide home health or personal assistance services; (14) a business, school, camp, or other organization that provides home health or personal assistance services, incidental to the organization's primary purpose, to individuals employed by or participating in programs offered by the business, school, or camp that enable the individual to participate fully in the business's, school's, or camp's programs; (15) a person or organization providing sitter-companion services or chore or household services that do not involve personal care, health, or health-related services; (16) a licensed health care facility that provides hospice services under a contract with a hospice; (17) a person delivering residential acquired immune deficiency syndrome hospice care who is licensed and designated as a residential AIDS hospice under Chapter 248; (18) the Texas Department of Criminal Justice; (19) a person that provides home health, hospice, habilitation, or personal assistance services only to persons receiving benefits under: (A) the home and community-based services (HCS) waiver program; (B) the Texas home living (TxHmL) waiver program; (C) the STAR + PLUS or other Medicaid managed care program under the program's HCS or TxHmL certification; or. 5, eff. Acts 2011, 82nd Leg., R.S., Ch. Get access to thousands of forms. Scroll over the image below for more information. 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 . PATIENT TRANSFER: The need for transfer of a patient from YOUR FACILITY to RECEIVING FACILITY shall be determined and recommended by the patient's attending physician in such physician's own medical judgment. Sept. 1, 1989. Added by Acts 1997, 75th Leg., ch. (3) pay the license fee prescribed by this chapter. Sept. 1, 1993. 3193), Sec. 1 (S.B. Sec. 142.021. 1318), Sec. (6) involves the rights of the elderly under Chapter 102, Human Resources Code. Acts 2015, 84th Leg., R.S., Ch. 800, Sec. Directions: Answer the multiple choice question with the best answer. The mailing address is where the agency receives its correspondence. 30 July 2021: Transfer of Care information to support Emergency Care Discharge document: Current version of the specification for Emergency Care Discharge. 4001), Sec. Do submit all required supporting documentation, including the required fee. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1999. 553, Sec. 789, Sec. 1.04, eff. April 2, 2015. 2, eff. (c) A controlling person described by Subsection (b)(3) does not include an employee, lender, secured creditor, or other person who does not exercise formal or actual influence or control over the operation of a home and community support services agency. Policy & Procedures: Thank you for choosing OANA Healthcare & Consulting LLC, for your organization's requirements. If the owner has purchased a franchise, indicate the name, address and Social Security number of the purchaser. Sept. 1, 1997. The executive commissioner by rule may adopt a system under which licenses expire on various dates during the three-year period. (a) An application for the approval of a home health medication aide training program must be made to the department on a form prescribed by the department and under department rules. (21) an individual who provides home health or personal assistance services as the employee of a consumer or an entity or employee of an entity acting as a consumer's fiscal agent under Section 531.051, Government Code. (3) document in the patient's clinical record that the policies and procedures were provided and discussed under Subdivisions (1) and (2). 142.001. Note: The sum of (ii) must equal (i) and the sum of (iv) must equal (iii). An agency whose license expires must close and apply for an initial license. Please list any stockholders of the management company who are also stockholders listed in Item 12 b. The patient would like to proceed with surgery. 219), Sec. 219), Sec. Don't forget to complete all applicable sections of the application. Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. A change of ownership does not apply if an agency is amending its official documents to revise its name. If a change occurs in the following management personnel, an agency must submit written notice to DADS no later than seven days after the date of a change in an: administrator, alternate administrator, chief financial officer or controlling person, as defined in 97.2. (1) bar the admission into evidence of department survey reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including: (A) an action seeking injunctive relief under Section 142.013; (B) an action seeking imposition of a civil penalty under Section 142.014; (C) a contested case hearing involving imposition of an administrative penalty under Section 142.017; and. 14, Sec. DEFINITION. September 1, 2011. Complete this form for all initial parent, renewal and Change of Ownership (CHOW) applications. 276, Sec. POSSESSION OF CERTAIN VACCINES OR TUBERCULIN. FEES FOR ISSUANCE AND RENEWAL OF HOME HEALTH MEDICATION AIDE PERMIT. Sept. 1, 1997. (c) A fee charged under this section is nonrefundable. 8, eff. (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. 860 (S.B. 609 (S.B. April 2, 1993. 829 (H.B. Sept. 1, 1991. April 2, 2015. 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. 1191, Sec. Sec. 142.0171. Please click on the button at the end to check your answers. Sec. The training must include information relating to: (1) the conduct of appropriate surveys that do not focus exclusively on medical standards under an acute care model; (2) acceptable delegation of nursing tasks; and. 879 (S.B. Medicare will separately reimburse properly documented, medically necessary services. Acts 1989, 71st Leg., ch. 878 (H.B. September 1, 2007. Do not forget to submit the copy of the Secretary Franchise Tax Certification of Account Status. Sept. 1, 1999; Acts 2003, 78th Leg., ch. September 1, 2007. 1, Sec. (d) Information received by the department relating to the competence and financial resources of the applicant or a controlling person with respect to the applicant is confidential and may not be disclosed to the public. Read a copy of CMS' conditional approval (PDF). Active cycle of chemotherapy to complete that cycle and transfer. Sec. 800, Sec. Acts 1989, 71st Leg., ch. Sept. 1, 1997. DADS will send the agency a Notification of Change reflecting the new location. 980 (H.B. An agency must submit to DADS a complete and correct renewal application and the required license fee specified in 97.3. 1720), Sec. 800, Sec. 219), Sec. Sec. Don't use pencil or white out correctional fluid. 797), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 4001), Sec. Complete this section on the application by checking the category(ies) of service you offer. Requires an adult day-care facility director to show evidence of 12 contact hours of annual continuing education; requires a facility to provide a minimum of three hours of 40 T.A.C. In this section you must disclose information about the owner/applicant and affiliates. 889 (H.B. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 4, eff. Agency records may be removed from an agency only with the agency's consent. This section of the application informs DADS of the status of your accreditation. This information will equip the participant to understand the licensing process and application requirements. Ensure Item 4 indicates the name the agency that your agency will be DBA. Sept. 1, 1993. . (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. 219), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Help with File Formats and Plug-Ins. Sept. 1, 1993. (D) a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter; (2) bar the admission into evidence of department survey reports or other documents that are offered: (A) to establish warning or notice to a home and community support services agency of a relevant department determination; or. Notarized copy of previous owner's affidavit; Health Insurance Benefit Agreement CMS Form 1561; Medicare Certification Civil Rights Information Request Form and Attachments; and. Sec. 980 (H.B. If DADS receives an incomplete application, the DADS HCSSA Licensing Unit will notify the HCSSA applicant in writing of any deficient items in the application. Added by Acts 1997, 75th Leg., ch. This is section 2 on Form 2021. September 1, 2015. VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES. Costa Rica's economy began to recover in 2021, registering a 7.8% GDP growth rate and a four-percentage-point reduction in the poverty rate to 26.2%. Completing Form 2021 Licensing Application, Home and Community Support Services Agencies, Section 12 Ownership and Control Interest Disclosure, Section 14 Affidavit of Financial Solvency, Document Checklist for Initial and CHOW Applications, Document Checklist for Medicare Applications, Document Checklist for Renewal Applications, city, county, state or federal government authority or hospital district/authority, administrator and alternate administrator, Completed entity documents for business organizations. (d) A license to provide hospice services issued under this chapter authorizes a hospice to own or operate a residential unit or inpatient unit at the licensed site in compliance with the standards and rules adopted under this chapter. Section 1395nn and its subsequent amendments. 1, eff. Edit your form 2021 online Type text, add images, blackout confidential details, add comments, highlights and more. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. April 2, 2015. 142.030. (b) A license holder may provide training to the employees described by Subsection (a) regarding the secure and responsible disposal of controlled substance prescription drugs in a manner that discourages abuse, misuse, or diversion. (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. Acts 2015, 84th Leg., R.S., Ch. 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. (b) A home and community support services agency shall provide both verbal and written instructions to the agency's client regarding the proper procedure for disposing of sharps. 4 hours ago 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 Written plan for the orderly transfer of care for the patients/clients. Please click on the button to check your answer. 4001), Sec. 3, eff. 678, Sec. Sec. (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. This was always confusing to our docs. An individual having power of attorney from the license holder or other authority to act on behalf of the license holder may request renewal of the license. 1, eff. 826 (H.B. ADMINISTRATIVE PENALTY. 8, eff. Check one of the boxes on the application for Profit or Nonprofit. 276, Sec. Please include city, county and zip code. Without guns or threat of violence. (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. (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. 1420, Sec. (4) set the amount of a late fee to be assessed against a license holder who fails to report a change in the application information within the time prescribed under Subdivision (2). orderly and sanitary condition; (12) Permitting another person to use the . The next section of slides explain each of the application types in section one of Form 2021. Review each type or proceed to the type of application pertinent to your circumstances. 3.0414, eff. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 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). (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. 01. For purposes of this chapter, components of quality of care include: (1) client independence and self-determination; (5) professionalism of service providers; (7) client satisfaction with services; and. 980 (H.B. Referring a patient to a specialist for care is not a consultation; it is a transfer of care. September 1, 2011. (b) In developing and updating the training required by Subsection (a), the department shall consult with and include providers of home health, hospice, habilitation, and personal assistance services, recipients of those services and their family members, and representatives of appropriate advocacy organizations. Place a check mark on Form 2021 beside the type of application, you are seeking a license for, in section one. DADS notifies an agency, in writing, if an application does not include all documents, information, or the license fee. (a) If the license holder has complied with Section 142.042(b) with respect to a patient, a health care professional employee who has completed the training under Section 142.043(b) may confiscate and dispose of a patient's controlled substance prescription drug if: (3) the patient's physician has given written instructions that the patient should no longer use the drug. Sept. 1, 1999. Sign it in a few clicks (g) A pharmacy that dispenses a sealed portable container under this section shall take reasonable precautionary measures to ensure that the home and community support services agency receiving the container complies with Subsection (f). The response shall be made a part of the Secretary franchise Tax Certification Account... Fee at the time of renewal the license fee cycle and transfer Board. 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