2021 initial orderly transfer of care
142.001. Added by Acts 1999, 76th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 3.0414, eff. Sec. 7, eff. Added by Acts 1999, 76th Leg., ch. Note: if this section does not apply, check the box on the application and skip to Item 12. b. orderly transfer of all residents in the facility to other facilities or is making other provision for the residents' continued safety and care; . (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 4001), Sec. 1 (S.B. 5.95(49), eff. ADMINISTRATION OF MEDICATION; CRIMINAL PENALTY. 1, eff. 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. Sections 98.62(a)(1)(B) and (e)(2)(A) (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. 826 (H.B. 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. 65, eff. 276, Sec. A home and community support services agency that is licensed to provide certified home health services and that submits a request for a hearing as provided by Subsection (d) is subject to the requirements of this chapter relating to a home and community support services agency that is licensed to provide home health services, but not certified home health services, until the suspension or revocation is finally determined by the department or, if the license is suspended or revoked, until the last day for seeking review of the department order or a later date fixed by order of the reviewing court. Help with File Formats and Plug-Ins. Transfer of care on the other hand, is just that, the referring . 31, Sec. 0. Transfer and Discharge Rights. (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). Sept. 1, 2003. 3, eff. You can also download it, export it or print it out. 1, eff. Acts 2015, 84th Leg., R.S., Ch. DADS will send the agency a Notification of Change reflecting the new location. 49 (H.B. 2.193, eff. 800, Sec. 800, Sec. June 19, 1990. Each of these categories of service are explained in the required CBT Presurvey Conference. (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. 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. orderly and sanitary condition; (12) Permitting another person to use the . Fees paid to DADS are not refundable. 221), Sec. 1 (S.B. The name must match with payment on file. (D) if a deficiency is alleged, the severity of the deficiency; (2) information on the identity, including the name, of each department representative conducting or reviewing the results of the survey and the date on which the department representative acted on the matter; and. (b) This section does not prohibit a license holder from terminating an employee for a reason other than retaliation. 219), Sec. (b) A penalty assessed under this section shall be $500. There are no . Sept. 1, 1997; Acts 1999, 76th Leg., ch. (C) may be provided in a home, nursing home, residential unit, or inpatient unit according to need. 142.005. 826 (H.B. 31, Sec. The license is valid until the agency has had an opportunity for a formal hearing as described in 97.601. 276, Sec. Sec. Amended by Acts 1993, 73rd Leg., ch. A certified agency must have a license to provide certified home health services. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 142.010. Click on the TAC for more information. (2) sterile saline for injection and irrigation. These services include support services for terminally ill patients and their families that: (A) are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; (B) are provided by a medically directed interdisciplinary team; and. The executive commissioner may adopt rules governing the duties and responsibilities of home and community support services agency administrators, including rules regarding: (1) an administrator's management of daily operations of the home and community support services agency; (2) an administrator's responsibility for supervising the provision of quality care to agency clients; (3) an administrator's implementation of agency policy and procedures; and. Amended by Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., 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. It's times like this that I'm proud to be an American. (2) counsel clients as necessary regarding disaster preparedness. (5) any other vaccine approved, authorized for emergency use, or otherwise permitted for use by the United States Food and Drug Administration to treat or mitigate the spread of a communicable disease, as defined by Section 81.003. Active cycle of chemotherapy to complete that cycle and transfer. 1 (S.B. Sept. 1, 1993; Acts 1997, 75th Leg., ch. COMPLIANCE RECORD IN OTHER STATES. The agency must post the Notification of Change beside its license in accordance with 97.211. HOME CARE/HOSPICE Home care services Will be redirected to a contracted provider. (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. September 1, 2015. DEFINITIONS. 826 (H.B. (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. April 2, 2015. Sept. 1, 2003. A CHOW occurs when there is a change of 50% or more in the ownership (interest and/or stock)a change in the Employer Identification Number (EIN). 142.027. (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. DADS does not require an agency to admit a client under each category of service authorized under the license as a condition for renewal of the license. 14, Sec. (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. In determining appropriate categories, the department shall make distinctions based on factors useful to the public in assessing the quality of services provided by a home and community support services agency, including whether the complaint: (1) was determined to be valid or invalid; (2) involved significant physical harm or death to a patient; (3) involved financial exploitation of a patient; or. 2, eff. Remember PAS agencies must designate an administrator and an alternate administrator and all other types of agencies must designate an administrator, alternate administrator, supervising nurse and alternate supervising nurse. 2, eff. Sept. 1, 2003. (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. 1, eff. September 1, 2011. 3.0398, eff. 142.0065. 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. 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. Directions: Complete the following questions below by clicking the best answer. (a) The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004. 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. C-YES staff will complete the "Transfer Referral Form for C-YES, Health Homes, and Care Management Agencies" to indicate to the HH or care management agency where in the process / service the child/youth/family are, so the HH/CMA is aware. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed. 198, Sec. The United States has experienced a peaceful and orderly transfer of power between presidential administrations for 224 years. Added by Acts 2009, 81st Leg., R.S., Ch. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: Fill out all the required information. September 1, 2015. EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR ADMINISTRATIVE PENALTY. Sept. 1, 1993. 25, eff. AUTHORIZED DISPOSAL. 142.0094. 1317, Sec. Active cycle of radiation. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. 879 (S.B. (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. Sept. 1, 1989. A change of ownership or location shall be reported to the department. 916), Sec. Sec. Sec. 16, eff. Sept. 1, 1999. April 2, 2015. Amended by Acts 1993, 73rd Leg., ch. (2) $15 for a renewal permit application fee. (B) other settings where a client participates in activities, including school, work, or church. (h) When the judgment of the court becomes final, the court shall proceed under this subsection. 1, eff. 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