Garlo Ward, P.C. » Texas: 79th Legislative Session http://www.garloward.com Tue, 07 Feb 2012 18:18:57 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 Provider and Information Letters: Closure Notices, Provider Input Needed http://www.garloward.com/2007/10/30/closure-notices-provider-input-needed/ http://www.garloward.com/2007/10/30/closure-notices-provider-input-needed/#comments Tue, 30 Oct 2007 12:20:59 +0000 Jerri Lynn Ward, J.D. http://garloward.com/2007/10/30/closure-notices-provider-input-needed/ In a recent provider letter, the Department of Aging and Disability Services (DADS) reminded Nursing Facilities that any facility that decided to voluntarily close must give residents at least 30 days written notice of this intent, pursuant to Texas Human Resources Code §102.003, 40 Texas Administrative Code (TAC) §19.401(b)(21) and §19.502(e)(1), and 42 Code of Federal Regulations (CFR) §483.12(a)(5).

For more information, download the letter here.

In an information letter to Community Based Alternative (CBA) Providers, DADS summarized changes related to ISP development for the CBA program and informed these providers about required ISP signatures. From the letter:

The Texas of Department of Aging and Disability Services (DADS) recently reviewed and revised ISP forms and processes to ensure requirements are met and to improve the efficiency and effectiveness of the process for CBA consumers, providers, and DADS case managers.

See the case manager handbook for more information. You may download the information letter here.

In an information letter to Home and Community-based Services (HCS) Program Providers, DADS requested input on obtaining information on best practices in policy, training, safety, risk management of an individual’s behavior related to restraint and seclusion, etc., for a report it is required to make available to individual facilities and programs, pursuant to Senate Bill 325, 79th Legislature, Regular Session, 2005.

The letter includes a list of eight questions for providers. If you plan to participate, please send your answers to DADS by November 15, 2007. Download the letter for more information.

]]> http://www.garloward.com/2007/10/30/closure-notices-provider-input-needed/feed/ 0 Provider Letters: Billing Requirements, Immunizations, and CMS Alert http://www.garloward.com/2006/11/15/billing-requirements-immunizations-and-cms-alert/ http://www.garloward.com/2006/11/15/billing-requirements-immunizations-and-cms-alert/#comments Wed, 15 Nov 2006 19:09:30 +0000 Jerri Lynn Ward, J.D. http://garloward.com/2006/11/15/billing-requirements-immunizations-and-cms-alert/ In a letter dated November 2, the Texas Department of Aging and Disability Services (DADS) informed nursing facilities and community services providers that third-party billers are required to enter into a contract with the Texas Health and Human Services Commission before claims can be submitted to the Texas Medicaid HealthCare Partnership, effective June 30, 2007.

This is an effort to combat fraud. You may download the letter here.

DADS informed home and community support services agencies about the Centers for Disease Control and Prevention’s recommendations for preventing and immunizing against influenza and pneumococcal pneumonia in a letter dated November 6. According to current guidelines, the CDC recommends that people at increased risk receive vaccinations every year. People 65 and older are part of this group.

For more information, you may download the here.

In a letter dated November 9, DADS alerted certain long term care providers about a final rule issued by the Centers for Medicare and Medicaid Services and published in the September 22, 2006, Federal Register (Vol. 71, No. 184, Page 55326), titled, “Medicare and Medicaid Programs; Fire Safety Requirements for Certain Health Care Facilities; Amendment.”

The final rule adopts the substance of an amendment that allows “certain health care facilities to place alcohol-based hand rub dispensers in egress corridors under specified conditions,” and specific requirements. To find out more, download the letter here.

]]> http://www.garloward.com/2006/11/15/billing-requirements-immunizations-and-cms-alert/feed/ 0 Provider Letters: Permanency Planning and Non-Emergency Ambulance Transportation http://www.garloward.com/2006/09/05/permanency-planning-and-non-emergency-ambulance-transportation/ http://www.garloward.com/2006/09/05/permanency-planning-and-non-emergency-ambulance-transportation/#comments Tue, 05 Sep 2006 16:47:30 +0000 Jerri Lynn Ward, J.D. http://garloward.com/2006/09/05/permanency-planning-and-non-emergency-ambulance-transportation/ Effective September 1, the Texas Department of Aging and Disability (DADS) must delegate “the development of a permanency plan to a mental retardation authority (MRA), to a private entity other than an entity providing long-term institutional care, or to DADS personnel” for an individual under 22 receiving services or seeking admission to an institution.

DADS will delegate the responsibilities to the local mental retardation authority where the individual or his legally authorized representative lives. These changes amend Title 40 of the Texas Administrative Code (TAC), Chapter 9, which in turn implements Senate Bill (SB) 40 and House Bill (HB) 2579, 79th Legislature, Regular Session, 2005.

Attached to the letter is the relevant section of the code. You may download the 23-page document here.

In a letter to nursing home providers, the Texas Health and Human Services Commission announced that claims submitted for non-emergency ambulance transport will require prior authorization. Facilities that don’t obtain such authorization will be liable for payment, effective for dates of service on or after September 1.

For more information on medical transportation, see 40 TAC §19.2320. Download the provider letter here.

]]> http://www.garloward.com/2006/09/05/permanency-planning-and-non-emergency-ambulance-transportation/feed/ 0 Putting a Bull’s Eye On Your Back & Liability Insurance http://www.garloward.com/2005/04/02/putting-a-bulls-eye-on-your-back-liability-insurance/ http://www.garloward.com/2005/04/02/putting-a-bulls-eye-on-your-back-liability-insurance/#comments Thu, 01 Jan 1970 00:00:00 +0000 Jerri Lynn Ward, J.D. http://garloward.com/2005/04/02/putting-a-bulls-eye-on-your-back-liability-insurance/


Bulls Eye

Sid Rich with the Texas Association of Residential Care Communities is reporting in his newsletter that HB 850 has been introduced. The bill would mandate that nusing homes post signs indicating whether or not the facility carries liability insurance. The bill is pending in Committee.

Sid Rich is concerned because he was the only long-term care lobbyist who showed up to oppose the bill. This is ridiculous. I agree with Sid when he argues that this is putting a “bulls-eye” on your back.

What are your associations thinking?

]]> http://www.garloward.com/2005/04/02/putting-a-bulls-eye-on-your-back-liability-insurance/feed/ 0 Residents get more money and facilities get more forms http://www.garloward.com/2005/02/16/residents-get-more-money-and-facilities-get-more-forms/ http://www.garloward.com/2005/02/16/residents-get-more-money-and-facilities-get-more-forms/#comments Thu, 01 Jan 1970 00:00:00 +0000 Jerri Lynn Ward, J.D. http://garloward.com/2005/02/16/residents-get-more-money-and-facilities-get-more-forms/

Currently working their way through the Texas legislature are two bills, House Bill 212 by Guillen and Senate Bill 199 by Gallegos.

Senate Bill 199, if passed, would increase the personal needs allowance from $45 to $75 a month for residents in nursing homes, assisted living and ICF-MR facilities.

House Bill 212 would require that health care facilities obtain a release from new employees within 72 hours of hiring. This release will allow access to certain information about the practitioner’s history from the previous employer and from the state health care regulatory agency.

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