2, eff. 1, eff. (i) The department may not assess an administrative penalty against a state agency. An agency license is valid for two years. Meaning, the referring physician will continue to treat the patient, but needs input. 678, Sec. (b) A home and community support services agency shall provide each person who receives home health, hospice, habilitation, or personal assistance services with a written statement that contains the name, address, and telephone number of the department and a statement that informs the recipient that a complaint against a home and community support services agency may be directed to the department. Do not leave any blanks on the form. (b) In addition to the requirements of Subsection (a), if the applicant is a certified agency when the application for a license to provide certified home health services is filed, the applicant must maintain its Medicare certification. 1, eff. (3) document in the patient's clinical record that the policies and procedures were provided and discussed under Subdivisions (1) and (2). Sept. 1, 1993. Do report additional information within a section by copying and completing that section for each additional entry. 4001), Sec. 3.0402, eff. Sec. 809 (S.B. 1191, Sec. 142.029. Added by Acts 1990, 71st Leg., 6th C.S., ch. Amended by Acts 1993, 73rd Leg., ch. DHS will begin processing people who had been forced to "remain in Mexico" under the Migrant Protection . 1, eff. CONTROLLING PERSON. September 1, 2011. Directions: Answer the multiple choice question with the best answer. June 19, 1990. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., 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. 1318), Sec. REASON FOR TRANSFER CARE PLAN AND GOALS (Summary) PRESENT SERVICES: INDICATE FREQUENCYAND TYPE OF SERVICE BEING PROVIDED (If Applicable) SERVICE TYPE SOURCE/AGENCY FREQUENCY ACTIVITY AUTHORIZED Nursing Therapy H.M. 21, eff. Acts 2015, 84th Leg., R.S., Ch. This applies to a license holder who is an individual or a partnership comprised of individuals, all of whom are or were on active duty with the armed forces of the United States of America serving outside the state of Texas. This includes all of the individuals identified in Item 12b (i), as well as the administrator, alternate administrator and chief financial officer. Added by Acts 1990, 71st Leg., 6th C.S., ch. 13, eff. (iv). (11-c) "Habilitation" means habilitation services, as defined by Section 534.001, Government Code, delivered by a licensed home and community support services agency. You have completed this presentation. 1160 (H.B. DADS sends a reminder at least 120 days before the expiration. 142.012. Please list any stockholders of the management company who are also stockholders listed in Item 12 b. Acts 2015, 84th Leg., R.S., Ch. 4001), Sec. The particpant should scroll over the images or underlined words for more information. April 2, 2015. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. Sept. 1, 1997. 9, eff. On the application section 12b (vi), list the information requested if the owner/applicant is a subsidiary of another organization. Fill out the application with each owner applicants information. Added by Acts 1999, 76th Leg., ch. (c) A fee charged under this section is nonrefundable. 31, Sec. 809 (S.B. 142.023. 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, 1997. 16, Sec. (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. 219), Sec. This example of documentation supports a consultation code: We discussed conservative care and operative interventions. September 1, 2019. 219), Sec. Sec. (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. 769, Sec. 223), Sec. 3, eff. 1, eff. 7, eff. (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. 800, Sec. (f) If a home and community support services agency or the agency's authorized employee purchases, stores, or transports a sealed portable container under this section, the agency shall deliver the container to the dispensing pharmacy for verification of drug quality, quantity, integrity, and expiration dates not later than the earlier of: (1) the seventh day after the date on which the seal on the container is broken; or. DADS requires in section 13(c) that an owner/applicant disclose the information listed below. 5, eff. (e) The hearing and an appeal from a disciplinary action related to the hearing are governed by the department's rules for a formal hearing and Chapter 2001, Government Code. April 2, 2015. 1191, Sec. DADS notifies an agency, in writing, if an application does not include all documents, information, or the license fee. 3193), Sec. 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. 1191, Sec. Amended by Acts 1993, 73rd Leg., 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. 8, eff. 14, Sec. 2.009, eff. 916), Sec. 9, eff. 1 (S.B. (8) "Chief financial officer" means an individual who is responsible for supervising and managing all financial activities for a home and community support services agency. 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. Added by Acts 1990, 71st Leg., 6th C.S., ch. 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). 2.156(a)(1). Acts 1989, 71st Leg., ch. 142.0145. 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. 11, eff. EXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES. (6) any other matters that justice may require. An agency must submit to DADS a complete and correct renewal application and the required license fee specified in 97.3. Physicians have the primary responsibility to ensure effective transfers of care. Added by Acts 1997, 75th Leg., ch. 1318), Sec. 879 (S.B. 142.041. 2, eff. The rules must provide for notice and an opportunity for a hearing. Sept. 1, 1997. Sec. 49 (H.B. September 1, 2019. Added by Acts 1990, 71st Leg., 6th C.S., ch. April 2, 2015. ); and. CIVIL PENALTY. Sec. (a) The department or its representative may enter the premises of a license applicant or license holder at reasonable times to conduct a survey incidental to the issuance of a license and at other times as the department considers necessary to ensure compliance with this chapter and the rules adopted under this chapter. 14, eff. Acts 1989, 71st Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. (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. June 19, 1990. 879 (S.B. 797), Sec. (1) An applicant shall not misstate a material fact on any documents required to be submitted under this subsection. Acts 2015, 84th Leg., R.S., Ch. Critical care interfacility transport face-to-face ( 99466, 99467) or supervisory services ( 99485, 99486) and initial neonatal critical care services ( 99468) may be reported by the same individual or individuals in the same group practice and same specialty when provided to a patient on the same day. 553, Sec. 142.0012. 6, eff. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 826 (H.B. 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. All entities and persons who have controlling/directional/governing/managing interest in the management company. May 18, 2021. Scroll over the TAC to learn about more information. 1129, Sec. Sept. 1, 1993. 879 (S.B. Agency to assure continuity of care and services to the patient. Acts 2005, 79th Leg., Ch. 3, eff. (7) documentation relating to any controlling person identified under Subdivision (6), if requested by the department and relevant to the controlling person's compliance with any applicable licensing standard required or adopted under this chapter. (i) or Item 12 b. Acts 2011, 82nd Leg., R.S., Ch. (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. 1, eff. 276, Sec. (27) "Social worker" means an individual licensed as a social worker under Chapter 505, Occupations Code. 1191, Sec. Sec. A license holder shall pay the total license renewal fee at the time of renewal. return to top | previous page | next page, Content 2016. If the owner has purchased a franchise, indicate the name, address and Social Security number of the purchaser. Added by Acts 1993, 73rd Leg., ch. 1720), Sec. September 1, 2011. Acts 1989, 71st Leg., ch. (c) A suit for injunctive relief must be brought in Travis County. 2.55, eff. 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. Please click on the button to check your answer. 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. Transfer of care on the other hand, is just that, the referring . 826 (H.B. (B) other settings where a client participates in activities, including school, work, or church. 142.0175. Sec. DIrections: Using the information from the previous slides, select the best answers. 609 (S.B. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. USE OF ADMINISTRATIVE PENALTY. June 10, 2019. (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). Acts 2015, 84th Leg., R.S., Ch. If you have questions please review the CBT. SUBCHAPTER C. DISPOSAL OF CONTROLLED SUBSTANCE PRESCRIPTION DRUGS BY HOSPICE SERVICE PROVIDER. 800, Sec. 1, Sec. 1720), Sec. 678, Sec. (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. 198, Sec. The department may review the approval annually. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 1056 (S.B. (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. An investigation of alleged abuse, exploitation, or neglect may be conducted without an on-site survey, as appropriate. (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. 65, eff. Amended by Acts 1993, 73rd Leg., ch. This orientation must be provided in a form and manner that the resident can understand. A consultation was necessary to determine whether to accept responsibility for . Sept. 1, 1995. 916), Sec. 1420, Sec. 142.0091. 800, Sec. 11, eff. Currently DADS must complete all Tier I, II, and III before conducting certification surveys per Provider Letter 2015-09. 3.0399, eff. 1, eff. 31, Sec. (4) "Bereavement services" means support services offered to a family during bereavement. (b) An applicant for a license renewal who submits an application later than the 45th day before the expiration date of the license is subject to a late fee in accordance with department rules. (13) "Home health service" means the provision of one or more of the following health services required by an individual in a residence or independent living environment: (A) nursing, including blood pressure monitoring and diabetes treatment; (B) physical, occupational, speech, or respiratory therapy; (F) service provided by unlicensed personnel under the delegation or supervision of a licensed health professional; (G) the furnishing of medical equipment and supplies, excluding drugs and medicines; or. 1191, Sec. The mailing address is where the agency receives its correspondence. OEMS COMM 21-02 - 2021 Legislation Pertaining to EMS Education (Aug 2021) . (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, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 889 (H.B. 1.02, eff. You know that." Published January 7, 2021 1:56 AM Share on Facebook Share on Twitter Share on Linkedin Trump now admits term's ending, pledges 'orderly' transfer to Biden 142.0171. (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. 14.777, eff. Sec. Sept. 1, 2003. 22-70 made a technical change in Subdiv. 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 their home health or hospice patients under physician's orders: (1) sterile water for injection and irrigation; and. 142.020. On March 11, 2021, President Biden signed into law the American Rescue Plan Act. Check the appropriate boxes on the application and provide needed attachments if you answered yes.Scroll over the image for more information. Check the appropriate boxes on the application and provide needed attachments if you answered yes. http://www.dads.state.tx.us/. 800, Sec. EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION AIDE PERMITS. Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 3.0405, eff. 678, Sec. 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. (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. 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.. (h) All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code. 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