Whether you’re caring for the young or the old the State’s expectations don’t change

Interestingly, the categories of top 10 deficiencies cited against Child Placing Agencies parallel the categories of top 10 deficiencies cited against Nursing Facilities Physical environment/Sanitation— Youth: “safe for children, kept clean, and in good repair” (Rank #2) Seniors: “nursing home area is safe, easy to use, clean, and comfortable” “give out food in a safe [...]

Proposed Changes to §335.723—So long flat rates…hello “weighted methodologies”

ATTENTION HCS & TxHmL Providers: CMS has directed HHSC to eliminate the current monthly Administration and Operations Fee (Adm & Op fee) and replace with a methodology that allocates these expenses across all HCS services. How will this directive impact you? It means that the current monthly “admin& op” fee used to reimburse providers for [...]

Inappropriately Placed Residents and Adminstrative Penalties

Following a survey, DADS assessed an administrative penalty against an assisted living facility for “having three inappropriately placed residents.” Our firm appealed this holding on behalf of the facility under the premise that the regulations forbid the Department from assessing administrative penalties for “inappropriate placement.” We filed a Motion for Summary Disposition asking the ALJ [...]

HCS & TxHML Providers–access to Child Abuse & Neglect Reporting System (Screen employees)

DADS is making Client Abuse and Neglect Reporting System (CANRS) available to HCS and TxHmL providers to allow providers to conduct pre-employment screenings of employees in order to find confirmed allegations of abuse, neglect and exploitation while employed at State Schools, State Hospitals, and State Centers.” The provider letter gives instructions on how such providers [...]

TAHSA Live Webinar

On Oct. 1, TAHSA offered a live webcast to discuss the latest technology trends in long term care. This presentation examined upcoming Medicare payment mandates that will affect your decisions on how to collect and track resident information in addition to technology trends that will assist you in delivering proactive care, maximizing reimbursements, improving efficiency [...]

Impact of Criminal Convictions on Occupational Licenses–An update on Legislation

During the 80th Legislature, Regular Session, 2007, three bills involving criminal convictions and occupational licenses were introduced and none of them passed. The first would have limited a licensing authority’s ability to suspend or revoke a license based only on criminal convictions that have occurred in the past 5 years. The second bill proposed provisional [...]

What’s in a Rule?

Earlier this year, the Texas Supreme Court issued an opinion outlining the definition of a “rule.” El Paso Hospital Dist. v. HHSC, 247 S.W.2d 709 (Tex. 2008). The Court stated, “a presumption favors adopting rules… through the formal rule-making procedures.” This case supports the premise that agency action may be invalidated if it isn’t backed [...]

Texas Public Information Act (PIA)–It could be your information

Texas PIA grants the public at large access to information held by governmental agencies and is more generous than its federal counterpart. Why should you care? Because it could be your business information the government is providing to the public. Any information shared with a governmental body (think state agencies HHSC or DADS) whether voluntarily [...]

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