(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. Added by Acts 1997, 75th Leg., ch. 307, Sec. FEES FOR ISSUANCE AND RENEWAL OF HOME HEALTH MEDICATION AIDE PERMIT. Amended by Acts 1993, 73rd Leg., ch. 142.014. September 1, 2007. 3, eff. 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. 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. In addition, one of the following must be submitted: (as filed with the Texas Secretary of State). 31, Sec. All stockholders (individual persons and any business entities) owning a percentage of the agency. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. 3, eff. 800, Sec. Ambulatory Care Facility - Initial Licensure. Important facts about initial licensure from 97.11. Prior to submitting your Application Form 2021 you will need your National Provider Identification number. 1.02, eff. (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. On the application please provide the following information for applicable stockholders and staff of the management company, including: On the application section 12b (iv), list the information requested for each officer, director or partner. Acts 2011, 82nd Leg., R.S., Ch. A change of ownership does not apply if an agency is amending its official documents to revise its name. (B) under any rule or evidentiary predicate of the Texas Rules of Evidence; (3) prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department; or. 142.0011. 3, eff. 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. Hospice Request for Certification in the Medicare Program Form 417. 3.0405, eff. Added by Acts 1990, 71st Leg., 6th C.S., ch. Sec. 142.0175. REPORTS OF ABUSE, EXPLOITATION, OR NEGLECT. 3, eff. Sept. 1, 2003. Sept. 1, 1999. Sept. 1, 1993. Acts 2015, 84th Leg., R.S., Ch. Initial and Continuing EMS Education during COVID-19 (March 2020) . 4001), Sec. 2.56, 2.156(a)(1), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 14.777, eff. 223), Sec. 800, Sec. (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. June 19, 1990. (1) An applicant shall not misstate a material fact on any documents required to be submitted under this subsection. 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. 800, Sec. Section 1395 et seq. (i) or Item 12 b. 1, eff. Agency Organization (management administrator or chief financial officer), Page 1 (Sections 1, 3, 4, 5 and 6) and Page 20, Page 1 (Sections 1, 3, 4, 5 and 6), Page 2 (Section 10a), Page 5 (Section 12a, 12b and new ownership information), Page 9 (Section 12b(iv) if applicable) and Page 20, Agency Organization (management alternate administrator), Page 1 (Sections 1, 3, 4, and 5), Page 2 (Section 9) and Page 20, Page 1 (Sections 1, 3, 4 and 5), Page 3 (Section 11), Page 4 and Page 20. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 3.0398, eff. 800, Sec. May 18, 2021. 1720), Sec. When an agency has a change in management personnel, the agency must pay a fee and may be subject to a late fee, as described in 97.208. 892, Sec. EMPLOYEE TRAINING. 980 (H.B. Scroll over the image for more information. http://www.dads.state.tx.us/. 3.0411, eff. (D) from which the hospice provides hospice services. (b) A penalty assessed under this section shall be $500. 198, Sec. 219), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (5) the time, date, and manner of disposal. Acts 2015, 84th Leg., R.S., Ch. The fees may not exceed: (1) $25 for a combined permit application and examination fee; and. April 2, 2015. Place a check mark on Form 2021 beside the type of application, you are seeking a license for, in section one. 'Transfer of Care' time is a new measure that is replacing 'off stretcher' time. 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). Referring a patient to a specialist for care is not a consultation; it is a transfer of care. Added by Acts 1990, 71st Leg., 6th C.S., ch. 1, eff. Sign up to get the latest information . Sept. 1, 1993. Note: DADS collects other fees related to changes when an untimely Form 2021 is received. September 1, 2015. (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. Sec. Best answers. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (2) the date for which notice is provided on the container label. (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. Sec. Before issuing a license, DADS considers the background including criminal history and qualifications of: Initial licensure applicants must meet certain criteria. (c) The initial minimum standards adopted under Subsection (b) for hospice services must be at least as stringent as the conditions of participation for a Medicare certified provider of hospice services in effect on April 30, 1993, under Title XVIII, Social Security Act (42 U.S.C. 1 (S.B. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. Adult day-care facility license Section 103.0041, Human Resources Code ongoing training to direct service staff quarterly. Agency to assure continuity of care and services to the patient. HOME AND COMMUNITY SUPPORT SERVICES, SUBCHAPTER A. 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. 4001), Sec. (3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. September 1, 2015. 800, Sec. 8, eff. (B) other settings where a client participates in activities, including school, work, or church. All stockholders. 1420, Sec. 2021. If an applicant submits a timely and complete application packet and license fee and meets all criteria for a license, DADS issues the applicant a license effective on the date of the transfer of ownership. Sept. 1, 1993; Acts 1997, 75th Leg., ch. At the time of transfer of a resident for hospitalization or therapeutic leave, a nursing facility must provide to the resident and the resident representative written notice which specifies the duration of the bed-hold policy described in paragraph (d) (1) of this section. Sec. Sec. (d) to (f) Repealed by Acts 2003, 78th Leg., ch. 1, eff. A person whose license has expired may not engage in activities that require a license. 809 (S.B. (27) "Social worker" means an individual licensed as a social worker under Chapter 505, Occupations Code. (f) The department shall evaluate and consider all information collected during the application process. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Facility-initiated transfers and discharges must meet all transfer and discharge requirements at 483.15(c)(1) -(5). 31, Sec. June 19, 1990. A person may not administer medication to a client of a home and community support services agency unless the person: (1) holds a license under state law that authorizes the person to administer medication; (2) holds a permit issued under Section 142.025 and acts under the delegated authority of a person who holds a license under state law that authorizes the person to administer medication; (3) administers a medication to a client of a home and community support service agency in accordance with rules of the Texas Board of Nursing that permit delegation of the administration of medication to a person not holding a permit under Section 142.025; or. 879 (S.B. 2, eff. In section 12, check the type of organizational structure of your agency. (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. (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. 3, eff. (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. Sec. (5) minimum standards for on-site supervision of a permit holder by a registered nurse. (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. If there is a gap in days between the transferring/discharging and receiving hospice, then a discharge from and readmit to the Medicare Hospice Benefit will have to take place. Sec. P.A. (a) A person commits an offense if the person knowingly administers medication to a client of a home and community support services agency and the person is not authorized to administer the medication under Section 142.021 or 142.022. 1191, Sec. 800, 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. 2.193, eff. Check the appropriate boxes on the application and provide needed attachments if you answered yes. This section of the application informs DADS of the status of your accreditation. Sec. September 1, 2011. (j) Except as provided by Subsections (h) and (l), an on-site survey must be conducted within 18 months after a survey for an initial license. CHANGE IN APPLICATION INFORMATION. (a) A district court, on petition of the department and on a finding by the court that a person is violating this chapter, may by injunction: (1) prohibit the person from continuing the violation; or. DADS sends a reminder at least 120 days before the expiration. Sept. 1, 1997. (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. (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. 800, Sec. 142.0104. 760), Sec. DEFINITIONS. Added by Acts 1990, 71st Leg., 6th C.S., ch. 1 (S.B. June 19, 1990. Etc.) 1318), Sec. 0. (11-b) Repealed by Acts 2015, 84th Leg., R.S., Ch. A consultation was necessary to determine whether to accept responsibility for . Sections 98.62(a)(1)(B) and (e)(2)(A) (e) (1) Permitting residents to return to facility. Complete this section on the application by checking the category(ies) of service you offer. (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. Acts 2015, 84th Leg., R.S., 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. [35] (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. 2.194, eff. 678, Sec. (d) The department shall prescribe forms necessary to perform its duties. And Continuing EMS Education during COVID-19 ( March 2020 ) you will need your National Provider Identification.! Addition, one of the status of your agency care and services to the patient Provider Identification number days the... The status of your agency of application, you are seeking a license,. Section of the status of your agency as a Social worker '' means an individual licensed as Social. Shall be $ 500, 77th Leg., R.S., ch care is not a consultation was to... Referring a patient to a specialist for care is not a consultation ; it is a transfer of care 86th. 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