| (a) The certified capacity of a facility will be established
by the department.
(b) A program provider may request that the department
decrease the certified capacity of its facility.
(1) The class of a non-state operated facility that
has its certified capacity decreased will be determined according
to 1 TAC §355.456(b) (relating to Rate Setting Methodology) for
reimbursement purposes.
(2) The department will amend the Long Term Care Plan for People with Mental Retardation
and Related Conditions to reflect the decrease in certified
capacity of a facility or will determine that beds authorized by the Long Term Care Plan for People with Mental Retardation
and Related Conditions are available for allocation.
(c) To ensure appropriate utilization of state schools
and state centers, the department may increase the certified capacity
of a state school and state center, if the total capacity of all state
schools and state centers does not exceed the authorized bed capacity
for "campus facilities" in the Long Term
Care Plan for People with Mental Retardation and Related Conditions .
(d) If the department determines that redistributing
the certified capacity of one or more existing facilities, other than
state schools or state centers, into two or more new, smaller facilities
may improve utilization of ICF/MR resources, the department may publish
notice in the Texas Register that
it is accepting requests from program providers to redistribute the
certified capacity of their facilities. A program provider may submit
a request to redistribute capacity. Such a request must be submitted
according to the published notice and the department's instructions.
After reviewing the submitted requests, the department may negotiate
a plan and enter into an agreement with a program provider to redistribute
the program provider's certified capacity.
|
| Source Note: The provisions of this §261.214 adopted to be effective September 1, 2001, 26 TexReg 5384; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |
