By Jerri Lynn Ward, J.D. Posted November 28, 2001 As most of you know, the legislature has moved the IDR process to Health and Human Services. This is effective January 1, 2002. Health and Human Services has been holding a series of meetings for input in order to design the new system. Below is a description of the proposal presently on the table. As future work sessions are scheduled, this may change. However there are certain concepts about this proposal that should be retained in order … [Read more...] about Proposed IDR Process
Proposed Rules for Change of Ownership
New Temporary License New Expedited Procedures for Excellent Performing Operators Posted December 28, 2001 LICENSURE Application Senate Bill 37 provides for a temporary change of ownership license which is issued to an applicant who proposes to become the new operator of a nursing facility. TDHS must receive a completed application and the appropriate fee and then has 30 days upon which to determine if the applicant and any other controlling persons meet the necessary licensure … [Read more...] about Proposed Rules for Change of Ownership
Update on Covert Monitoring under Granny Cam
By Jerri Lynn Ward, J.D. Posted May 6, 2002 If you attended the EIA presentation "Candid Camera," you were told that TDHS was going to take the position that if covert monitoring was detected, the facility had no recourse, and the roommate had to sue to stop the monitoring. According to Susan Syler at TDHS, this position generated so much adverse comment that TDHS is now requiring that the person responsible for covert monitoring turn off the device until the proper procedure for … [Read more...] about Update on Covert Monitoring under Granny Cam
Update on Application Process for Nursing Facilities, ICFMR’s, Assisted Living Facilities, and Adult Day Care Centers – Criminal History
By Jerri Lynn Ward, J.D. Posted May 8, 2002 TDHS had adopted a rule change with regard to criminal history for the four types of businesses named above. Prior to May 1, 2002, an applicant for licensure had to disclose convictions of moral turpitude. Because there is no clear definition of what a conviction of moral turpitude is, TDHS decided to clarify what convictions must be disclosed. According to the new rule, applicants for licensure for the above businesses must now disclose any … [Read more...] about Update on Application Process for Nursing Facilities, ICFMR’s, Assisted Living Facilities, and Adult Day Care Centers – Criminal History
HIPAA Business Associate Agreements
Please contact Jerri Lynn Ward for more information. Posted May 20, 2002 Several contracts are required under the new Privacy and Security regulations of HIPAA, but the one most talked about is the Business Associate Agreement. Before you begin making changes to any of the contracts that you have to account for the new privacy rules, we suggest accounting for all of the ones you currently have in place. To aid you in this process we have developed a simple checklist, which can be found at … [Read more...] about HIPAA Business Associate Agreements
Describing Benefits to Prospective Employees
By Jerri Lynn Ward, J.D., Garlo Ward, P.C Posted May 28, 2002 If your company offers benefits to its employees, and uses those benefits to attract new employees, it is important that you know about a recent case so that you can avoid the problem encountered by the employer in that case. If you are like most employers, benefit packages are subject to change depending on the economic condition of the business and the changing affordability of employee benefit plans. Therefore, when you are … [Read more...] about Describing Benefits to Prospective Employees
Amendments Effect Change of Ownership Process for Nursing Facilities
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted June 12, 2002 The Texas Department of Human Services (TDHS) has recently adopted amendments to the regulations in its Nursing Facility Requirements for Licensure and Medicaid Certification chapter that will affect the processes surrounding change of ownership. The amendments are to the regulations outlined in title 40, rule numbers 19.210 and 19.2308, of the Texas Administrative Code. The amendments are meant to include changes made by … [Read more...] about Amendments Effect Change of Ownership Process for Nursing Facilities
Amelioration: How to Fix Violations Using Money from Administrative Penalties
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted June 14, 2002 Following an amendment to regulation 19.2115, nursing facilities and Intermediate Care Facilities for Persons with Mental Retardation may ameliorate violations or improve services, excluding administrative services, using part or all of the money collected on the administrative penalty. Qualifications for Amelioration DHS will offer amelioration to a person for a violation if: DHS determines that the violation does … [Read more...] about Amelioration: How to Fix Violations Using Money from Administrative Penalties
New Changes to IDR Process in Effect
Posted June 20, 2002 On May 17th, 2002 Texas Health and Human Services Commission released a few changes to the IDR Procedures for Providers, including Nursing Facilities, ICF-MR Facilities, and Assisted Living Facilities. Changes to Request Process The following changes to the IDR request process are now in effect: HHSC and the DHS regional office must receive the IDR request form within 10 calendar days of the provider receiving the statement of deficiency/violation via … [Read more...] about New Changes to IDR Process in Effect
Clarification of the 2001 Nursing Facility Cost Report Guidelines
Posted June 24, 2002 Recent changes intended to clarify the 2001 Nursing Facility Cost Report Specific Instructions and Training Presentations regarding the completion of Schedule G (Ancillary Costs for Medicaid-Only Residents) are of particular interest for nursing facility bookkeepers, accountants, and/or cost report preparers. It is important to note that therapy services provided by staff of a nursing facility only to residents of that nursing facility (and not provided to persons … [Read more...] about Clarification of the 2001 Nursing Facility Cost Report Guidelines