(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. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1, eff. 916), Sec. The United States can have an orderly, secure, and well-managed border while treating people fairly and humanely. 678, Sec. (b) The administration of medications by persons exempted under Subdivisions (1) through (4) of Subsection (a) is governed by the terms of the memorandum of understanding executed by the department and the Texas Board of Nursing. 1 (S.B. 21, eff. 1318), Sec. (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. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1191, Sec. 800, Sec. (14) "Hospice" means a person licensed under this chapter to provide hospice services, including a person who owns or operates a residential unit or an inpatient unit. (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. (18) "Interdisciplinary team" means a group of individuals who work together in a coordinated manner to provide hospice services and must include a physician, registered nurse, social worker, and counselor. Don't forget to complete all applicable sections of the application. April 2, 2015. (3) pays a nonrefundable application fee specified in department rules. (a) The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, habilitation, or personal assistance services. 2.156(a)(1). Health IT Vendors: . DADS must accept the explanation and the applicant must submit the missing information to DADS within 30 days after the date of the letter. 2.156(a)(1). CONSUMER COMPLAINT DATA. Acts 2011, 82nd Leg., R.S., Ch. 800, Sec. TRAINING. (16) "Inpatient unit" means a facility that provides a continuum of medical or nursing care and other hospice services to clients admitted into the unit and that is in compliance with: (A) the conditions of participation for inpatient units adopted under Title XVIII, Social Security Act (42 U.S.C. 142.0173. (5) providing the public with helpful and understandable information relating to agencies in this state. Acts 2015, 84th Leg., R.S., Ch. A senior ranking . Created with SoftChalk, DADS Presentation (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. (b) The executive commissioner by rule shall establish eligibility requirements for a branch office license. 4001), Sec. Sections 98.62(a)(1)(B) and (e)(2)(A) Sec. All stockholders (individual persons and any business entities) owning a percentage of the agency. Added by Acts 1999, 76th Leg., ch. Sec. (2) counsel clients as necessary regarding disaster preparedness. An application for a license when there is a CHOW is an application for an initial license. 678, Sec. Physicians are encouraged to be involved in the design of transitions within the health care system to ensure co-ordination and continuity of care for the benefit of their patients. (8) any other aspects of home health, hospice, habilitation, or personal assistance services as necessary to protect the public. The particpant should scroll over the images or underlined words for more information. Acts 2011, 82nd Leg., R.S., Ch. Sec. (f) At the conclusion of a survey or complaint investigation, the department shall fully inform the person who is in charge of the home and community support services agency of the preliminary findings of the survey at an exit conference and shall give the person a reasonable opportunity to submit additional facts or other information to the department's authorized representative in response to those findings. 7, eff. The transfer date must either be the same day or the day after the patient leaves one hospice and received by the other hospice. Contract program and contract numbers (if applicable); Completed Form 2022, Criminal History Check; Current resume or curriculum vitae of the agency's administrator and alternate administrator; Current resume or curriculum vitae of the agency's supervising nurse/therapist and alternate supervising nurse/therapist; copy of the articles of incorporation and assumed name certificate (if applicable); copy of the articles of organization and assumed name certificate (if applicable); copy of the informal or formal partnership agreement and assumed name certificate (if applicable); or. 4001), Sec. (2) any controlling person with respect to the applicant complies with all applicable licensing standards required or adopted under this chapter. 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. 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. LICENSE REQUIRED. (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. 31, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. Added by Acts 1999, 76th Leg., ch. Ensure the legal business entity shown in Section 3 matches the name on the tax documents, articles of incorporation or articles of organization, Submit a copy of the documentation from the NPI office and documentation from the IRS of the tax ID number. 887, Sec. 16, eff. 142.019. In a brief statement on Thursday, White House press secretary Kayleigh McEnany decried Wednesday's insurrection by Trump supporters on Capitol Hill and committed to "an orderly transition of power . Sept. 1, 1993; Acts 1995, 74th Leg., ch. (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. 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. According to the Pan 15 (2021 Replacement Volume and 2022 Supplement) 16 BY adding to 17 Article - Health Occupations 18 Section 8-6C-04(a)(22) and (e) 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2022 Supplement) 21 SECTION 1. April 2, 2015. 1056 (S.B. 219), Sec. The purpose of this presentation is to provide information about the Form 2021 Licensing Application and the rules affecting the application located in the Texas Administrative Code (TAC), Title 40, Part 1, Chapter 97 Subchapter B licensing standards as it relates to the Home and Community Support Services Agencies (HCSSA). 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. 14, Sec. 142.023. Amended by Acts 1999, 76th Leg., ch. 8, eff. (3) if requested by the agency, copies of all documents relating to the survey maintained by the department or provided by the department to any other state or federal agency that are not confidential under state law. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 3, eff. (d) The department shall prescribe forms necessary to perform its duties. (17) "Independent living environment" means: (A) a client's individual residence, which may include a group home or foster home; or. (vi) first, followed by stockholders with only an ownership interest in this corporation. Sec. Completing Form 2021Licensing Application. (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. Acts 2011, 82nd Leg., R.S., Ch. If an agency submits a renewal application that is postmarked later than the 45th day before the expiration date of a license, but no later than the expiration date of the license, DADS assesses the late fee set out in 97.3(b). Overall employment of nursing assistants and orderlies is projected to grow 5 percent from 2021 to 2031, about as fast as the average for all occupations. September 1, 2015. 142.0025. April 2, 1993. (6) "Certified agency" means a home and community support services agency, or a portion of the agency, that: (B) is certified by an official of the United States Department of Health and Human Services as in compliance with conditions of participation in Title XVIII, Social Security Act (42 U.S.C. BRANCH OFFICE. (30) "Volunteer" means an individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses. summary to ensure a safe and effective transition of care Admission, Transfer and Discharge Rights (483.15) . 3, eff. Acts 2011, 82nd Leg., R.S., Ch. Please click on the button to check your answer. In the last 12 months, the applicant must not have a history in any state or other jurisdiction of any of the following: denial, suspension, or revocation of an agency license or a license for a health care facility; surrender a license before expiration or allowance of a license to expire instead of the licensing authority proceeding with enforcement action; a Medicaid or Medicare sanction or penalty relating to the operation of an agency or a health care facility; operation of an agency that has been decertified in any state under Medicare or Medicaid; or debarment, exclusion, or involuntary cancellation. 889 (H.B. Added by Acts 1999, 76th Leg., ch. 769, Sec. June 19, 2009. The license is valid until the agency has had an opportunity for a formal hearing as described in 97.601. Home care physical, occupational, or speech therapies Will be redirected to a contracted . 800, Sec. September 1, 2011. April 2, 2015. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: September 1, 2015. 142.0063. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1317, Sec. Best answers. 678, Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 10, eff. An agency must submit to DADS a complete and correct renewal application and the required license fee specified in 97.3. (c) A suit for injunctive relief must be brought in Travis County. 800, Sec. 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. (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. Sept. 1, 1993. (e) A pharmacist that dispenses a sealed portable container under this section shall ensure that the container: (1) is designed to allow access to the contents of the container only if a tamper-proof seal is broken; (2) bears a label that lists the drugs in the container and provides notice of the container's expiration date, which is the earlier of: (A) the date that is six months after the date on which the container is dispensed; or, (B) the earliest expiration date of any drug in the container; and. OEMS COMM 21-02 - 2021 Legislation Pertaining to EMS Education (Aug 2021) . (b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted. 276, Sec. (a) A person authorized by this subchapter to administer medication to a client of a home and community support services agency may not dispense dangerous drugs or controlled substances without complying with Subtitle J, Title 3, Occupations Code. 3, eff. (c) If requested in writing by a permit holder whose permit is suspended, the department shall conduct a hearing to continue, modify, or rescind the emergency suspension. Mental Health Discharge: live: Mental Health eDischarge 2.9.0-live: 30 July 2021: Transfer of Care information to support . Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. September 1, 2011. (21) "Person" means an individual, corporation, or association. Sept. 1, 1999. President Donald J. Trump's initial refusal to start the formal presidential transition process and long refusal to concede the electiononly conceding after his supporters attacked Capitol Hillhas drawn heightened attention to the approximately 75 days between Election Day and the inauguration of a new President.. Sec. 219), Sec. (11-a) "Department" means the Department of Aging and Disability Services. Added by Acts 1990, 71st Leg., 6th C.S., ch. You may click the links below for individual sections. Census Data for Renewal (complete (i) through (iv)) and Change of Ownership (complete (iii) and (iv) only), (i)Total number of unduplicated clients served in the last licensure period ________________. Important facts about initial licensure from 97.11. September 1, 2011. 1, eff. (3) any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a home and community support services agency, is in a position of actual control or authority with respect to the agency, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the agency. Sec. (4) prohibit or limit the use of department survey reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the survey reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence. (iv). 916), Sec. 13, eff. 142.0012. 702, Sec. Patient records will be retained for a minimum of six (6) years following the month the Agency cost report is filed. (c) A hospice that operates or provides hospice services to an inpatient unit under a contract with a licensed health care facility is not required to obtain an alternate delivery site license for that inpatient unit. 31, Sec. Use the application form to apply for an Initial, Change of 50% or more of stock/Ownership (CHOW), Renewal, and Relocation. Click on these links to view accreditation agencies: Follow the directions on the application for each blank. 223), Sec. (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. 1, eff. DADS requires that management company controlled organizations be reported. 3, eff. 276, Sec. September 1, 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. Hospice information can also be found by clicking here. Sec. When an agency requests the initial license application including certification, the applicant completes and submits a CMS-855A enrollment application and all supporting documentation to its fee-for-service contractor. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1993. Check the appropriate boxes on the application and provide needed attachments if you answered yes. (a) If certain application information as specified by department rule changes after the applicant submits an application to the department for a license under this chapter or after the department issues the license, the license holder shall report the change to the department and pay a fee not to exceed $50 not later than the time specified by department rule. Amended by Acts 1991, 72nd Leg., ch. When there is no transfer of care, services of a physician other than the surgeon may be reported with the appropriate level E/M code. 3.0398, eff. 198, Sec. (g) The license must designate the types of services that the home and community support services agency is authorized to provide at or from the designated place of business. 26, eff. 609 (S.B. This example of documentation supports a consultation code: We discussed conservative care and operative interventions. Added by Acts 1990, 71st Leg., 6th C.S., ch. 142.001. Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 800, Sec. 3.1639(48), eff. 3193), Sec. (c) The penalty shall be assessed in accordance with department rules. Sept. 1, 1993; Acts 2001, 77th Leg., ch. HOME CARE/HOSPICE Home care services Will be redirected to a contracted provider. The applicant must not: have an unsatisfied final judgment in any state or other jurisdiction; be in default on a guaranteed student loan (Education Code, 57.491); or be delinquent on child support obligations (Family Code, Chapter 232). An agency license is valid for two years. All entities and persons who have controlling/directional/governing/managing interest in the management company. 760), Sec. DADS recognizes three accrediting organization and the links to their websites are listed below. June 19, 1990. 3, eff. orderly and sanitary condition; (12) Permitting another person to use the . Amended by Acts 1993, 73rd Leg., ch. 1 (S.B. Sec. (l) The department and other state agencies that are under the commission and that contract with home and community support services agencies to deliver services for which a license is required under this chapter shall execute a memorandum of understanding that establishes procedures to eliminate or reduce duplication of standards or conflicts between standards and of functions in license, certification, or compliance surveys and complaint investigations. Agency to assure continuity of care and services to the patient. Sept. 1, 2003. 2426), Sec. 10, eff. If an incomplete application packet and license fee is submitted to DADS, it must contain a letter explaining the circumstances that prevented its completion. DADS requires that management company controlled organizations be reported. September 1, 2007. 142.0062. Chapter 2001, Government Code, and the department's rules for contested case hearings apply to hearings conducted under this section and to appeals from department decisions. Sec. The notice must explain the reason for the proposed transfer or discharge, [33] advise the resident of the right to a state hearing to contest the transfer or discharge, [34] and provide the name, mailing address, and telephone number of the State long-term care ombudsman. 1191, Sec. 1 (S.B. (2) the date for which notice is provided on the container label. June 10, 2019. 1, eff. The department's representative shall leave a written list of the preliminary findings with the agency at the exit conference. 42, 43, eff. April 2, 2015. 276, Sec. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. Sept. 1, 2003. 1.01, 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. 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