SECTION 266.311. Waiver Requirements for Nursing Services or Occupational, Physical, and Speech Therapies

(a) CMS may approve a waiver for nursing services or occupational, physical, and speech therapies provided by a hospice which is located in a non-urbanized area. The location of a hospice that operates in several areas is considered to be the location of its central office. The hospice must provide evidence that it was operational on or before January 1, 1983, and that it made a good faith effort to hire a sufficient number of nurses or therapists to provide services directly. CMS bases its decision on whether to approve a waiver application on the following:

(1) the current Bureau of the Census designations for determining non-urbanized areas;

(2) evidence that a hospice was operational on or before January 1, 1983, including:

(A) proof that the organization was established to provide hospice services on or before January 1, 1983;

(B) evidence that hospice-type services were furnished to patients on or before January 1, 1983; and

(C) evidence that the hospice care was a discrete activity rather than an aspect of another type of provider's patient care program on or before January 1, 1983; and

(3) evidence that a hospice made a good faith effort to hire nurses or therapists, including:

(A) copies of advertisements in local newspapers that demonstrate recruitment efforts;

(B) job descriptions for nurse employees or therapists;

(C) evidence that salary and benefits are competitive for the area; and

(D) evidence of any other recruiting activities, such as recruiting efforts at health fairs and contacts with nurses or therapists at other providers in the area.

(b) A waiver request for occupational, physical, and speech therapies must be submitted in writing to HHSC.

(c) HHSC will recommend in writing, approval or disapproval of the requested waiver for occupational, physical, and speech therapies to CMS within 30 days of receiving the request.

(d) CMS receives requests for waivers of nursing services without the involvement of HHSC.

(e) Any waiver request is deemed to be granted unless it is denied within 60 days after it is received.

(f) Waivers will remain effective for one year at a time.

(g) CMS may approve a maximum of two one-year extensions for each initial waiver. If a hospice wishes to receive a one-year extension, the hospice must submit a certification to CMS, prior to the expiration of the waiver period, that the employment market for nurses and therapists has not changed significantly since the time the initial waiver was granted.

Source Note: The provisions of this §266.311 adopted to be effective July 26, 2022, 47 TexReg 4331