2021. 276, Sec. September 1, 2011. In this subchapter, "license holder" means a home and community support services agency licensed under this chapter to provide hospice services. Added by Acts 2019, 86th Leg., R.S., Ch. April 2, 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. The letter must be postmarked at least 30 days before the anticipated date of sale. Sept. 1, 1997. (2) not later than 20 days after receipt of the order, send a copy of the order as signed by and received from the physician to the dispensing pharmacy. 31, Sec. (a) The department shall issue an alternate delivery site license to a qualified hospice. An application from an agency is processed in accordance with the following general time frames: DIrections: Answer each question. (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. 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. (2) sterile saline for injection and irrigation. 974 (S.B. (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. Amended by Acts 1993, 73rd Leg., ch. Sec. 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 . An agency license is valid for two years. (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. 15, eff. 980 (H.B. 1, eff. Acts 2015, 84th Leg., R.S., 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. Acts 2015, 84th Leg., R.S., Ch. 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 (e) A home and community support services agency owned or operated by a state agency directly providing services is not required to provide the information described in Subsections (c)(1) and (5). 142.003. September 1, 2015. Ambulatory Care Facility - Initial Licensure. (3) the provision of person-centered services. 1318), Sec. President Donald Trump called for an "orderly" transition of power to a new administration on Thursday, one day after his supporters attacked the Capitol building, ransacked offices and Added by Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (b) Except as provided by Section 142.028, the procedure by which the department takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by the department's rules for a formal hearing and by Chapter 2001, Government Code. (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. Agency to assure continuity of care and services to the patient. 1, eff. (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. Sec. If the owner has purchased a franchise, indicate the name, address and Social Security number of the purchaser. (20) a person who provides intellectual and developmental disabilities habilitative specialized services under Medicaid and is: (A) a certified HCS or TxHmL provider; or, (B) a local intellectual and developmental disability authority contracted under Section 534.105; or. Sec. 142.002. BRANCH OFFICE. 1.03, eff. 142.0175. USE OF ADMINISTRATIVE PENALTY. 142.025. (3) "Bereavement" means the process by which a survivor of a deceased person mourns and experiences grief. For more information click here 97.13. Acts 2019, 86th 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. A license holder is not authorized to operate the agency for which the license was obtained after the expiration of the license unless and until the license holder actually renews the license. Sept. 1, 1993; Acts 1995, 74th Leg., ch. President Donald Trump conceded publicly for the first time Thursday that he will not serve a second term, stopping short of congratulating President-elect Joe Biden but acknowledging a transfer . If the person paid the penalty under Subsection (c)(1)(A), or gave a supersedeas bond, and if the amount of the penalty is not upheld by the court, the court shall order the release of the escrow account or bond. 1, eff. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW; REFUND. Sec. April 2, 2015. 22-70 made a technical change in Subdiv. 809 (S.B. 3.1639(48), eff. Scroll over the image for more information. (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. 28, eff. 980 (H.B. September 1, 2019. 980 (H.B. 142.0171. Don't forget to complete all applicable sections of the application. (a) An applicant for a license to provide home health, hospice, habilitation, or personal assistance services must: (1) file a written application on a form prescribed by the department indicating the type of service the applicant wishes to provide; (2) cooperate with any surveys required by the department for a license; and. 2.195, eff. 142.007. 3, eff. 142.005. 142.0063. Acts 2015, 84th Leg., R.S., Ch. POLICY. 1 (S.B. A change of ownership does not apply if an agency is amending its official documents to revise its name. The written notice must include an application for license renewal and instructions for completing the application. 3.0396, eff. Sept. 1, 1997. 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). (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. The particpant should scroll over the images or underlined words for more information. Sec. The following documents must be submitted: If you are requesting hospice you must also complete this form: Additional information concerning these documents maybe found on page 18 of Form 2021. (15) "Hospice services" means services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a client or a client's family as part of a coordinated program consistent with the standards and rules adopted under this chapter. A dignified transfer is conducted for every U.S. military member who dies in the theater of operation while in the service of their country. DADS requires that management company controlled organizations be reported. 1.06, eff. (2) any controlling person with respect to the applicant complies with all applicable licensing standards required or adopted under this chapter. 42, 43, eff. 809 (S.B. (d) The department shall issue a permit or renew a permit to an applicant who: (1) meets the minimum requirements adopted under Section 142.023; (2) successfully completes the examination or the continuing education requirements; and. September 1, 2011. 142.0105. 1720), Sec. September 1, 2015. That typically will be either an initial hospital care code for your group's services at the new facility (or in the new unit) or a subsequent visit code. The applicant must respond with complete and correct information within 30 days from the date of the letter or the application will be denied. Sept. 1, 1993. 142.021. 1317, Sec. Sept. 1, 1999. 344), Sec. Sept. 1, 2003. See additional guidance at F626, 483.15(e)(1), Permitting Residents to Return. 13, eff. Check one of the boxes on the application for Profit or Nonprofit. 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. POSSESSION OF CERTAIN DANGEROUS DRUGS. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. VIOLATION OF HOME HEALTH MEDICATION AIDE PERMITS. An agency must submit the missing documents, information, or fee to DADS postmarked no later than 30 days after the date of the notice or DADS considers the renewal application incomplete and denies the application. If you have questions please review the CBT. 826 (H.B. Added by Acts 1999, 76th Leg., ch. Added by Acts 1999, 76th Leg., ch. 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. 800, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. 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. (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. 3, eff. (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. April 2, 2015. To process the order, we need to collect some information regarding your company. 11, eff. This information will equip the participant to understand the licensing process and application requirements. DADS requires certain updates be reported using Form 2021. 980 (H.B. A license issued under this chapter shall be displayed in a conspicuous place in the designated place of business and must show: (1) the name and address of the licensee; (2) the name of the owner or owners, if different from the information provided under Subdivision (1); (4) the types of services authorized to be provided under the license. 809 (S.B. The additional exit conference must be held in person and may not be held over the telephone, by e-mail, or by facsimile transmission. (20) Repealed by Acts 2019, 86th Leg., R.S., Ch. 826 (H.B. 142.0091. (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. Sept. 1, 1989. 1, eff. 4001), Sec. Sept. 1, 1989. 219), Sec. An agency must not transfer a license from one location to another without prior notice to DADS. 3.1639(48), eff. You have completed this presentation. 879 (S.B. April 2, 2015. 3, eff. (d) After disposing of the controlled substance prescription drug, the employee shall document in the patient's record: (2) the dosage of the drug the patient was receiving; (3) the route of controlled substance prescription drug administration; (4) the quantity of the controlled substance prescription drug originally dispensed and the quantity of the drug remaining; and. 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. REGISTRATION FOR EVACUATION; DISASTER PREPAREDNESS. LICENSE APPLICATION. VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES. September 1, 2007. The agency must cease operation on the date the license expires if DADS does not receive a renewal application postmarked before the expiration date. Apr 21, 2009. 13, eff. Sec. 142.041. 0. This applies to both general and limited partnerships. Sept. 1, 2003. This includes all of the individuals identified in Item 12b (i), as well as the administrator, alternate administrator and chief financial officer. 1, eff. 1, eff. This is any organization that exercises operational or managerial control over the day-to-day operations of the HCSSA. POSSESSION OF CERTAIN VACCINES OR TUBERCULIN. This was always confusing to our docs. Important facts about initial licensure from 97.11. 1 (S.B. (B) standards adopted under this chapter. June 19, 1990. 760), Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 12, eff. A separate license is required for each place of business as defined in 97.2. 223), Sec. Acts 2015, 84th Leg., R.S., Ch. January 7, 2021, 9:48 AM UTC President Donald Trump has said there will be an "orderly" transfer of power on Jan. 20, while also promising a continuation of the "fight" for his political . 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. 142.019. (c) The executive commissioner by rule shall specify each violation for which the department may assess an administrative penalty. (12-a) "Home and community support services agency administrator" or "administrator" means the person who is responsible for implementing and supervising the administrative policies and operations of the home and community support services agency and for administratively supervising the provision of all services to agency clients on a day-to-day basis. 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 . The individual(s) percentage of ownership must equal 100%. 1420, Sec. September 1, 2011. (a) Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home and community support services agency is not admissible as evidence in a civil action to prove that the agency violated a standard prescribed under this chapter. OEMS COMM 21-02 - 2021 Legislation Pertaining to EMS Education (Aug 2021) . Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1 (S.B. An agency must submit to DADS a complete and correct renewal application and the required license fee specified in 97.3. 14.777, eff. (iv). Sec. Acts 2015, 84th Leg., R.S., Ch. 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. Initial and Continuing EMS Education during COVID-19 (March 2020) . (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. 276, Sec. Sept. 1, 1989. September 1, 2015. Sec. Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 31, Sec. (viii) 20 (c) before initiating care in accordance with 8 -6c 04(a)(22) of 21 this subtitle, in addition to obtaining the informed consent agreement 22 required under subsection (a) of this section, a licensed . 31, Sec. (a) The department shall provide specialized training to representatives of the department who survey home and community support services agencies. 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. (i) The department may not assess an administrative penalty against a state agency. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1191, Sec. (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. (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless: (a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility; Each license holder shall pay only that portion of the license fee allocable to the number of months for which the license is valid. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. (b) The executive commissioner shall protect clients of home and community support services agencies by adopting rules relating to quality of care and quality of life. June 19, 1990. (2) is under the substantial evidence rule. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: Application- http://www.dads.state.tx.us/forms/2021/. Active cycle of chemotherapy to complete that cycle and transfer. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 76, Sec. 219), Sec. 1160 (H.B. 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. Sept. 1, 1993. Please read the section and its corresponding rules located both here and in the TAC Chapter 97 Subchapter Part B. (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. Sept. 1, 1997. (c) A home and community support services agency or the agency's authorized employee who administers a drug listed in Subsection (a) may administer the drug only in the patient's residence under physician's orders in connection with the provision of emergency treatment or the adjustment of: (2) vaccine or tuberculin administration. 3.0402, eff. An application for a license when there is a CHOW is an application for an initial license. 800, Sec. A license fee is required of the home and community support services agency at the time of a license application. (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. (9) "Controlling person" means a person who controls a home and community support services agency or other person as described by Section 142.0012. (d) to (f) Repealed by Acts 2003, 78th Leg., ch. On the application complete a separate page for each legal business entity and disclose the name, address, tax ID number and contact person information for the management company. 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. 276, Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2015. AUTHORIZED DISPOSAL. For more information about criminal history click here. Acts 2015, 84th Leg., R.S., Ch. 16, Sec. (a) The application. 786 (S.B. 3.0407, eff. 31, Sec. (a) A license holder may adopt written policies and procedures related to the disposal of a patient's unused controlled substance prescription drugs on the patient's death or in other circumstances in which disposal is appropriate. 9, eff. An applicant must be at least 18 years of age. 1.05, eff. From President George W. Bush to President-elect Barack Obama. 1720), Sec. June 10, 2019. 142.001. Beginning on February 19, the Department of Homeland Security (DHS) will begin phase one of a program to restore safe and orderly processing at the southwest border. June 19, 1990. At the end of the questions please click on the button to check your answers. It's times like this that I'm proud to be an American. (11) "Counselor" means an individual qualified under Medicare standards to provide counseling services, including bereavement, dietary, spiritual, and other counseling services, to both the client and the family. NOTICE; REQUEST FOR HEARING. Directions: Using the information you just read, answer the True/False questions. 2.56, 2.156(a)(1), eff. 142.029. Click on the TAC for more information. 1020, Sec. The political process works. Etc.) (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. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. (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. 4, eff. Without guns or threat of violence. 142.027. Transfer of care on the other hand, is just that, the referring . Sec. Click on these links to view accreditation agencies: Follow the directions on the application for each blank. Acts 2013, 83rd Leg., R.S., Ch. 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. (a) The department shall issue a home and community support services agency license to provide home health, hospice, habilitation, or personal assistance services for each place of business to an applicant if: (A) qualifies for the license to provide the type of service that is to be offered by the applicant; (B) submits an application and license fee as required by this chapter; and, (C) complies with all applicable licensing standards required or adopted under this chapter; and. 892, Sec. Sept. 1, 1993. (2) Section 102.001, Occupations Code, if the violation relates to the provision of home health, hospice, habilitation, or personal assistance services. If an agency is Medicare certified, all of its counties must be contiguous. Agency records may be removed from an agency only with the agency's consent. 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