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

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

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

Did you know that a nursing home cannot be held responsible for a past noncompliance when the date of the noncompliance falls between two surveys that found the facility in compliance? It is important to know your rights so that you can avoid unfair penalties and complications following state surveys of your nursing home. The decision by the Departmental Appeals Board (DAB) in the case of North Ridge Care Center v HCFA supports the assertion that penalties cannot be imposed for … [Read more...] about Potential Defense to Past Non-Compliance Tag

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 3, 2002 A new rule, 19.1207, in Chapter 40 of the TAC has been added to require informed consent for psychoactive medications starting July 1st, 2002. Definition of Psychoactive Medications The rule defines a psychoactive medication as any medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and used to exercise an effect on the central nervous system to influence and … [Read more...] about Obtaining Consent for Psychoactive Medications

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 8, 2002 Clarification: The deadline for enforcment of the new rules for nursing facilities and ICF-MRs has been extended to September 1, 2002 due to the large volume of applications received by the Department of Pharmacy. As of May 1, 2002 for nursing facilities and July 1, 2002 for ICF-MRs, the new DHS rules concerning emergency medication kits in nursing facilities and ICF-MRs comply with the Texas State Board of Pharmacy (TSBP) … [Read more...] about Emergency Medication Kits

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 11, 2002 The Centers for Medicare and Medicaid Services recently published notice in the Federal Register of modifications to the beneficiary assessment requirements for skilled nursing facilities. In completing the required quarterly assessments, CMS now gives skilled nursing facilities the option to use a modified, shorter version of the minimum data set (MDS) called the MDS Medicare PPS Assessment Form (MPAF) to satisfy the … [Read more...] about New Shorter MDS Form Available for Skilled Nursing Facilities

Please contact Jerri Lynn Ward for more information. Posted July 15, 2002 The Health Insurance Portability and Accountability Act (HIPAA) of 1996 charged the Department of Health and Human Services with creating national security standards for electronic health care transactions and code sets. DHHS developed these guidelines setting the original compliance date for covered entities to have proper security measures in place by October 16, 2002. However, the Administrative … [Read more...] about HIPAA Transaction and Code Set Extension

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 26, 2002 Don't forget that Medicaid eligibility applications are available on-line at DHS's website, at http://www.dhs.state.tx.us/Forms/Form1200.html. Applying for Assistance For Medicaid/Medicare Cost-Sharing and Other Community Programs: Complete Form 1200EZ Keep the first two pages for your records. For long-term care facilities: Complete Form 1200 Providers are strongly encouraged to share these forms … [Read more...] about Medicaid Forms Available Online

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Applies to all Medicaid and/or Medicare-certified nursing facilities and nursing facility provider associations Posted September 16, 2002 On Friday, September 20, 2002 from 12:00 to 2:30 p.m. Central Standard Time, the Centers for Medicare and Medicaid Services will broadcast a two and a half hour presentation via satellite and Internet that will explain the upcoming national release and public reporting of the Nursing Home Quality Measures, … [Read more...] about Centers for Medicare and Medicaid Services Broadcast Set for Friday, September 20th