Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 26. HEALTH AND HUMAN SERVICES |
PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES |
SUBCHAPTER A. GENERAL PROVISIONS |
§ 558.1. Purpose and Scope |
§ 558.2. Definitions |
§ 558.3. License Fees |
SUBCHAPTER B. CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE |
§ 558.11. Criteria and Eligibility for Licensing |
§ 558.12. General Application |
§ 558.13. Obtaining an Initial License |
§ 558.15. Issuance of an Initial License |
§ 558.17. Application Procedures for a Renewal License |
§ 558.19. Issuance of a Renewal License |
§ 558.21. Denial of an Application or a License |
§ 558.23. Change of Ownership |
§ 558.25. Requirements for Change of Ownership |
§ 558.27. Application and Issuance of an Initial Branch Office License |
§ 558.29. Application and Issuance of an Alternate Delivery Site License |
§ 558.30. Operation of an Inpatient Unit at a Parent Agency |
§ 558.31. Time Frames for Processing and Issuing a License |
SUBCHAPTER C. MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES |
DIVISION 1. GENERAL PROVISIONS |
§ 558.201. Applicability |
§ 558.202. Habilitation |
DIVISION 2. CONDITIONS OF A LICENSE |
§ 558.208. Reporting Changes in Application Information and Fees |
§ 558.210. Agency Operating Hours |
§ 558.211. Display of License |
§ 558.212. License Alteration Prohibited |
§ 558.213. Agency Relocation |
§ 558.214. Notification Procedures for a Change in Agency Contact Information and Operating Hours |
§ 558.215. Notification Procedures for an Agency Name Change |
§ 558.216. Change in Agency Certification Status |
§ 558.217. Agency Closure Procedures and Voluntary Suspension of Operations |
§ 558.218. Agency Organizational Changes |
§ 558.219. Procedures for Adding or Deleting a Category to the License |
§ 558.220. Service Areas |
§ 558.222. Compliance |
DIVISION 3. AGENCY ADMINISTRATION |
§ 558.241. Management |
§ 558.242. Organizational Structure and Lines of Authority |
§ 558.243. Administrative and Supervisory Responsibilities |
§ 558.244. Administrator Qualifications and Conditions and Supervising Nurse Qualifications |
§ 558.245. Staffing Policies |
§ 558.246. Personnel Records |
§ 558.247. Verification of Employability and Use of Unlicensed Persons |
§ 558.248. Volunteers |
§ 558.249. Self-Reported Incidents of Abuse, Neglect, and Exploitation |
§ 558.250. Agency Investigations |
§ 558.251. Peer Review |
§ 558.252. Financial Solvency and Business Records |
§ 558.253. Disclosure of Drug Testing Policy |
§ 558.254. Billing and Insurance Claims |
§ 558.255. Prohibition of Solicitation of Patients |
§ 558.256. Emergency Preparedness Planning and Implementation |
§ 558.257. Medicare Certification Optional |
§ 558.259. Initial Educational Training in Administration of Agencies |
§ 558.260. Continuing Education in Administration of Agencies |
DIVISION 4. PROVISION AND COORDINATION OF TREATMENT SERVICES |
§ 558.281. Client Care Policies |
§ 558.282. Client Conduct and Responsibility and Client Rights |
§ 558.283. Advance Directives |
§ 558.284. Laboratory Services |
§ 558.285. Infection Control |
§ 558.286. Disposal of Special or Medical Waste |
§ 558.287. Quality Assessment and Performance Improvement |
§ 558.288. Coordination of Services |
§ 558.289. Independent Contractors and Arranged Services |
§ 558.290. Backup Services and After-Hours Care |
§ 558.291. Agency Dissolution |
§ 558.292. Agency and Client Agreement and Disclosure |
§ 558.293. Client List and Services |
§ 558.294. Time Frame(s) for the Initiation of Care or Services |
§ 558.295. Client Transfer or Discharge Notification Requirements |
§ 558.296. Physician Delegation and Performance of Physician-Delegated Tasks |
§ 558.297. Receipt of Physician Orders |
§ 558.298. Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel and Tasks Not Requiring Delegation |
§ 558.299. Nursing Education, Licensure and Practice |
§ 558.300. Medication Administration |
§ 558.301. Client Records |
§ 558.302. Pronouncement of Death |
§ 558.303. Standards for Possession of Sterile Water or Saline, Certain Vaccines or Tuberculin, and Certain Dangerous Drugs |
DIVISION 5. BRANCH OFFICES AND ALTERNATE DELIVERY SITES |
§ 558.321. Standards for Branch Offices |
§ 558.322. Standards for Alternate Delivery Sites |
SUBCHAPTER D. ADDITIONAL STANDARDS SPECIFIC TO LICENSE CATEGORY AND SPECIFIC TO SPECIAL SERVICES |
§ 558.401. Standards Specific to Licensed Home Health Services |
§ 558.402. Standards Specific to Licensed and Certified Home Health Services |
§ 558.404. Standards Specific to Agencies Licensed to Provide Personal Assistance Services |
§ 558.405. Standards Specific to Agencies Licensed to Provide Home Dialysis Services |
§ 558.406. Standards for Agencies Providing Psychoactive Services |
§ 558.407. Standards for Agencies Providing Home Intravenous Therapy |
SUBCHAPTER E. LICENSURE SURVEYS |
DIVISION 1. GENERAL |
§ 558.501. Survey and Investigation Frequency |
§ 558.503. Exemption From a Survey |
§ 558.505. Notice of a Survey |
§ 558.507. Agency Cooperation with a Survey |
§ 558.509. Survey of a Branch Office, Alternate Delivery Site, and Services Provided |
DIVISION 2. THE SURVEY PROCESS |
§ 558.521. Requirements for an Initial Survey |
§ 558.523. Personnel Requirements for a Survey |
§ 558.525. Survey Procedures |
§ 558.527. Post-Survey Procedures |
SUBCHAPTER F. ENFORCEMENT |
§ 558.601. Enforcement Actions |
§ 558.602. Administrative Penalties |
§ 558.603. Court Action |
§ 558.604. Surrender or Expiration of a License |
SUBCHAPTER G. HOME HEALTH AIDES |
§ 558.701. Home Health Aides |
SUBCHAPTER H. STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICES |
DIVISION 1. HOSPICE GENERAL PROVISIONS |
§ 558.801. Subchapter H Applicability |
DIVISION 2. INITIAL AND COMPREHENSIVE ASSESSMENT OF A HOSPICE |
§ 558.810. Hospice Initial Assessment |
§ 558.811. Hospice Comprehensive Assessment |
§ 558.812. Update of the Hospice Comprehensive Assessment |
§ 558.813. Hospice Client Outcome Measures |
DIVISION 3. HOSPICE INTERDISCIPLINARY TEAM, CARE PLANNING, AND COORDINATION OF SERVICES |
§ 558.820. Hospice Interdisciplinary Team |
§ 558.821. Hospice Plan of Care |
§ 558.822. Review of the Hospice Plan of Care |
§ 558.823. Coordination of Services by the Hospice |
DIVISION 4. HOSPICE CORE SERVICES |
§ 558.830. Provision of Hospice Core Services |
§ 558.831. Hospice Physician Services |
§ 558.832. Hospice Nursing Services |
§ 558.833. Hospice Medical Social Services |
§ 558.834. Hospice Counseling Services |
DIVISION 5. HOSPICE NON-CORE SERVICES |
§ 558.840. Provision of Hospice Non-Core Services |
§ 558.841. Physical Therapy, Occupational Therapy, and Speech-Language Pathology Services |
§ 558.842. Hospice Aide Services |
§ 558.843. Hospice Aide Qualifications |
§ 558.844. Hospice Homemaker Services |
§ 558.845. Hospice Homemaker Qualifications |
§ 558.846. Services Provided Under a State Medicaid Personal Care Benefit |
DIVISION 6. HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES |
§ 558.850. Organization and Administration of Hospice Services |
§ 558.851. Hospice Services Provided by a Licensed Person |
§ 558.852. Hospice Governing Body and Administrator |
§ 558.853. Hospice Infection Control Program |
§ 558.854. Hospice Professional Management Responsibility |
§ 558.855. Criminal Background Checks |
§ 558.856. Hospice Alternate Delivery Sites |
§ 558.857. Hospice Staff Training |
§ 558.858. Hospice Medical Director |
§ 558.859. Hospice Discharge or Transfer of Care |
§ 558.860. Provision of Medical Supplies, and Durable Medical Equipment by a Hospice |
§ 558.861. Management of Drugs and Biologicals and Disposal of Controlled Substance Prescription Drugs in a Client's Home or Community Setting |
§ 558.862. Management of Drugs and Biologicals and Disposal of Controlled Substance Prescription Drugs in an Inpatient Hospice Unit |
§ 558.863. Hospice Short-term Inpatient Care |
DIVISION 7. HOSPICE INPATIENT UNITS |
§ 558.870. Staffing in a Hospice Inpatient Unit |
§ 558.871. Physical Environment in a Hospice Inpatient Unit |
§ 558.880. Providing Hospice Care to a Resident of a Skilled Nursing Facility, Nursing Facility, or Intermediate Care Facility for Individuals with an Intellectual Disability or Related Conditions |