Texas Register, Volume 27, Number 27, Pages 5893-6148, July 5, 2002 Page: 5,953
5893-6148 p. ; 28 cm.View a full description of this periodical.
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proposed sections. There is no anticipated effect on local em-
ployment in geographic areas affected by these sections.
Questions about the content of this proposal may be directed to
Susan Syler at (512) 438- 3111 in DHS's Long Term Care-Policy
section. Written comments on the proposal may be submitted
to Supervisor, Rules and Handbooks Unit-212, Texas Depart-
ment of Human Services E-205, P.O. Box 149030, Austin, Texas
78714-9030, within 30 days of publication in the Texas Register.
Under 2007.003(b) of the Texas Government Code, DHS has
determined that Chapter 2007 of the Government Code does
not apply to these rules. Accordingly, DHS is not required to
complete a takings impact assessment regarding these rules.
SUBCHAPTER C. NURSING FACILITY
LICENSURE APPLICATION PROCESS
40 TAC 19.210, 19.211
The amendments are proposed under the Human Resources
Code, Title 2, Chapters 22 and 32, which authorizes DHS to
administer public and medical assistance programs; and under
Texas Government Code, 531.021, which provides the Texas
Health and Human Services Commission with the authority to
administer federal medical assistance funds.
The amendments implement the Human Resources Code,
22.001-22.036 and 32.001-32.052.
19.210. Temporary Change of Ownership.
(a) (No change.)
(b) A nursing facility license holder with an excellent operat-
ing record may be eligible to acquire a license on an expedited basis to
operate another existing nursing facility. A license holder that appears
on the expedited change of ownership list may be granted expedited
approval in obtaining a temporary change of ownership license to op-
erate another existing nursing facility in Texas.
(1) (No change.)
(2) In order to establish and maintain the excellent per-
forming nursing facility license holder list, DHS uses the criteria found
in 19.2322(e) [19.2322(d)] of this title (relating to Medicaid Bed
Allocation Requirements [Allocation, Reallocation, and Decer ifica-
tion Requirements]). An excellent performing nursing facility license
holder meeting these criteria appears on the list and is eligible for an
expedited change of ownership license to operate another existing in-
stitution in Texas.
(3)-(9) (No change.)
(c)-(g) (No change.)
19.211. Relocation.
(a)-(e) (No change.)
(f) This section applies to relocation of a currently licensed
facility, and does not govern the relocation of Medicaid-certified beds.
See 19.2322 of this title (relating to Medicaid Bed Allocation Require-
ments [Allcation~ Re and Dece4iication Requirements])
for guidelines on relocation of Medicaid-certified beds.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 21, 2002.
TRD-200203910Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: August 4, 2002
For further information, please call: (512) 438-3734
SUBCHAPTER X. REQUIREMENTS FOR
MEDICAID-CERTIFIED FACILITIES
40 TAC 19.2301, 19.2322, 19.2324
The amendment and new sections are proposed under the Hu-
man Resources Code, Title 2, Chapters 22 and 32, which au-
thorizes DHS to administer public and medical assistance pro-
grams; and under Texas Government Code, 531.021, which
provides the Texas Health and Human Services Commission
with the authority to administer federal medical assistance funds.
The amendment and new sections implement the Human Re-
sources Code, 22.001- 22.036 and 32.001-32.052.
19.2301. Conditions for Participation as a Medicaid-Certified Fa-
cility.
(a) The facility must meet the following conditions to be ap-
proved by the Texas Department of Human Services (DHS) for partici-
pation in the Title XIX Texas Medical Assistance program and receive
state and federal reimbursement for services to Title XIX residents:
(1)-(2) (No change.)
(3) the beds for which the facility wishes to contract meet
the requirements of 19.2322 of this title (relating to Medicaid Bed
Allocation Requirements [Additional Pai-cipation Requirements]).
(b) Only a facility with a fully executed [fully-executed] cur-
rent contract with DHS may receive state and federal reimbursement
for services to Title XIX recipients.
19.2322. Medicaid Bed Allocation Requirements.
(a) Definitions. The words and terms, when used in this sec-
tion, have the following meanings, unless the context clearly indicates
otherwise.
(1) Applicant--The entity requesting a bed allocation
waiver or exemption.
(2) Assignment of rights--The conveyance of all rights to
a specific number of allocated Medicaid beds from a nursing facility
or entity to another entity for purposes of constructing a new nursing
facility or for any other use as authorized by these rules.
(3) Bed allocation--The process by which the Texas De-
partment of Human Services (DHS) controls the number of nursing fa-
cility beds that are eligible to become Medicaid-certified in each nurs-
ing facility.
(4) Bed certification--The process by which DHS certifies
compliance with state and federal Medicaid requirements for a speci-
fied number of Medicaid beds within a nursing facility.
(5) Licensee--The entity, which includes controlling per-
sons, that is:
(A) an applicant for licensure by DHS under Chapter
242 of the Texas Health and Safety Code and Medicaid certification;
(B) licensed by DHS under Chapter 242 of the Texas
Health and Safety Code; orPROPOSED RULES July 5, 2002 27 TexReg 5953
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Texas. Secretary of State. Texas Register, Volume 27, Number 27, Pages 5893-6148, July 5, 2002, periodical, July 5, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth114026/m1/58/: accessed May 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.