SECTION 554.1901. Administration

A nursing facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.

(1) Licensure. A nursing facility (NF) must be licensed by HHSC as described in §19.201 of this chapter (relating to Criteria for Licensing).

(2) Compliance with federal, state, and local laws and professional standards. The facility must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in such a facility.

(3) Medicaid-certified facilities' relationship to other Health and Human Services regulations.

(A) In addition to compliance with the regulations set forth in this chapter, as Medicaid providers, facilities are obliged to meet the applicable provisions of other federal regulations, including those pertaining to:

(i) nondiscrimination on the basis of race, color, or national origin (45 CFR, Part 80);

(ii) nondiscrimination on the basis of disability (45 CFR, Part 84);

(iii) nondiscrimination on the basis of age (45 CFR, Part 91);

(iv) nondiscrimination on the basis of race, color, national origin, sex, age, or disability (45 CFR, Part 92);

(v) protection of human subjects of research (45 CFR, Part 46);

(vi) protection from fraud and abuse (42 CFR, Part 455); and

(vii) protection of individually identifiable health information (45 CFR, Parts 160 and 164).

(B) Although the regulations listed in subparagraph (A) of this paragraph are not in themselves considered requirements under 42 CFR, Part 483, their violation may result in the termination or suspension of payment with federal funds, or the refusal to grant or continue payment with federal funds.

Source Note: The provisions of this §554.1901 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871