Provider Letter 18-13 – Home and Community Support Services Agencies (HCSSAs) are issued the clarifications and requirements and regarding the role of management companies. Providers are notified that if an HCSSA contracts with a management company or other organization, the HCSSA must comply with all rules and regulations that relate to such a contract, which is addressed in the provider letter. HHSC has statutory authority to adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person. See excepts below and refer to provide letter for full details.
2.1 Notification to HHSC
Before issuing a HCSSA license, HHSC considers several factors, including the background of a controlling person or management company.
1 A HCSSA must report a change in a controlling person to HHSC within seven days after the change occurs.
2 An agency must use the HCSSA License Application to submit the written notice and pay the applicable fee.
2.2 Administrator Responsibilities
A HCSSA administrator must supervise the implementation of agency policies and procedures, manage the daily operations of the agency, organize and direct the agency’s ongoing functions and administratively supervise the provision of quality care to agency clients, among other responsibilities that are outlined in rule.
2.3 Contracting with a Management Company
A HCSSA may not transfer control or delegate complete administrative oversight to a management company or other organization.
2.4 Enforcement Actions
HHSC may suspend or revoke a HCSSA license, including a licensed and certified home health services licensure category. See outline for details
3.0 Background/History
HHSC has statutory authority to adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling
person.
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