Ban on nursing home arbitration agreement officially lifted by CMS.Upheld by the Centers for Medicare & Medicaid Services under the Trump Administration, according to reports, the ban on nursing home arbitration clauses has been lifted. CMS Issued the 'Proposed Revision Requirements for Long-Term Care Facilities’ Arbitration Agreements on its website. Obama-era regulation previously stopped nursing homes from forcing patients and their families to sign binding arbitration agreements, … [Read more...] about Ban on nursing home arbitration agreement officially lifted by CMS.
Abuse, Neglect, Exploitation, Misappropriation of Resident Property, and Other Incidents that Must Be Reported to DADS
Provider Letter No. 17-18 - (Replaces PL 14-13). The examples in this letter are not all inclusive. Many other possible scenarios are reportable. The law requires an owner or employee of a NF who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse, neglect or exploitation. Attachements included instruct guidance to NFs on resident-to-resident incidents, including sexual activity, and on how to determine whether NFs must … [Read more...] about Abuse, Neglect, Exploitation, Misappropriation of Resident Property, and Other Incidents that Must Be Reported to DADS
Initial License and Alzheimer’s Certification of a Type B ALF for an Applicant in Good Standing
Provider Letter No. 17-14 -The Texas Department of Aging and Disability Services (DADS) added new rules and amended existing rules to Texas Administrative Code (TAC), Title 40, Part 1, Chapter 92, Licensing Standards for Assisted Living Facilities. These changes include:• A new 40 TAC §92.22 allows an applicant to request from DADS an initial Type B license and Alzheimer’s certification for a facility or distinct unit before DADS conducts an on-site health inspection if the applicant meets … [Read more...] about Initial License and Alzheimer’s Certification of a Type B ALF for an Applicant in Good Standing
Nursing Facility Providers Must Allow (DADS) surveyors complete access to their records
Provider Letter No. 17-20 – Electronic Health RecordsNursing Facilities may use the system of medical records that best suits their needs whether it is paper or an electronic system. As directed in the DADS released provider letter, a provider must grant access to any EHR when requested by the surveyor. During the entrance conference, surveyors will verify with the provider the process they will follow in order to have unrestricted access to a resident’s medical records. Please note that … [Read more...] about Nursing Facility Providers Must Allow (DADS) surveyors complete access to their records
DADS will begin reviewing and retiring, revising and/or reissuing provider letters issued eight years ago or more
Provider Letter No. 17-08 – Process for Retiring Provider LettersThe goals of this retire or revise initiative are to streamline DADS regulatory policies, reduce provider and stakeholder confusion, and manage the volume of letters with which DADS-regulated facilities, agencies, and licensees are expected to be familiar. DADS will begin issuing a series of program specific PLs that announce the list of letters that are being retired.Please be advised that notice that a letter is being retired … [Read more...] about DADS will begin reviewing and retiring, revising and/or reissuing provider letters issued eight years ago or more
New Rules for Nursing Facilities Regarding License Revocation
On March 27, 2017, DADS issued a Provider Letter announcing new rules in the TAC regarding Revocation of Licenses for Nursing Facilities and regarding staying the license revocation. DADS explains:If you received a violation on or after September 1, 2016 that was related to abuse or neglect and cited at the immediate threat level, you also received a letter at the time of the exit conference that serves as your notice that the survey team identified a violation related to abuse or neglect that … [Read more...] about New Rules for Nursing Facilities Regarding License Revocation
Provider Letter Regarding Adoption of 2012 Edition of NFPA 101 Life Safety Code and 2012 edition of NFPA 99-Health Care Facilities Code
On March 5, 2017, DADS published a provider letter regarding the 2016 adoption by regulation of the NFPA 2012 LSC and 2012 HCFC. Be familiar with the Existing Occupancy chapters and the New Occupancy chapters that apply to newly-constructed facilities. The latter would apply to facilities for which construction, receipt of design approval or building permits were received no later than July 4, 2016.These standards do not apply to licensed only NF's who are still under the 2000 edition until … [Read more...] about Provider Letter Regarding Adoption of 2012 Edition of NFPA 101 Life Safety Code and 2012 edition of NFPA 99-Health Care Facilities Code
Revised Disclosure Section of Form 3720-N
The Texas Department of Aging and Disability Services (DADS) is re-issuing this letter to update contact information.DADS has implemented revised forms 3736, 3720-N and 3720, which incorporate changes to disclosure items 8, 9, and 10 respectively. Revised forms and instructions are available on the DADS website at: www.dads.state.tx.us/forms/Item 8 on form 3736, item 9 on form 3720N, and item 10 on form 3720 have been updated as follows:Attachments will be permitted as a response to the … [Read more...] about Revised Disclosure Section of Form 3720-N
Paid Feeding Assistant Requirements
This letter updates two items of information relative to paid feeding assistant program requirements.The definition of “licensed health professional: is now located at 40 TAC §19.101(58) rather than 40 TAC §19.101(56)The Texas Department of Aging and Disability Services Paid Feeding Assistant Training curriculum is available on the Regulatory Services Credentialing web page at the following url: http://www.dads.state.tx.us/providers/NF/credentialing/NATCEP/feedingassistant.pdfVisit us at … [Read more...] about Paid Feeding Assistant Requirements
Decertifying and De-allocating Medicaid Beds that are Not Available for Use
DADS is issuing this provider letter to remind providers that DADS will decertify and de-allocate Medicaid beds that are intended for use in bedrooms that have been converted to other uses if the rooms are not being used for bedroom occupancy on two consecutive standard surveys. This is pursuant to Medicaid bed allocation requirements at 40 TAC §19.2322(j)(1)(B).Additionally, DADS may revoke a bed allocation for failure to meet any of the requirements in section 40 TAC §19.2322(j).Some nursing … [Read more...] about Decertifying and De-allocating Medicaid Beds that are Not Available for Use
