| (a) Request for a waiver. A facility may submit a written
request to the Texas Health and Human Services Commission (HHSC) for
a waiver or modification of a particular provision of §510.122
or §510.123 of this subchapter (relating to New Construction
Requirements and Spatial Requirements for New Construction). Waivers
will not be granted for fire safety requirements required by the National
Fire Protection Association (NFPA). The written request shall specify
the specific provision for which a waiver is requested.
(b) Consideration. In considering the waiver or modification
request, HHSC shall consider whether the waiver or modification:
(1) will adversely affect the health and safety of
the facility patients, employees, or the general public;
(2) will adversely impact the hospital's participation
in the federal Medicare program or accreditation by the Joint Commission
or the American Osteopathic Association;
(3) if not granted, would impose an unreasonable hardship
on the facility in providing adequate care for patients;
(4) will facilitate the creation or operation of the
facility; and
(5) is appropriate when balanced against the best interests
of the individuals served or to be served by the facility.
(c) Supporting documentation. HHSC may request written
documentation from the facility to support the waiver or modification,
including:
(1) a statement addressing each of the criteria in
subsection (b) of this section;
(2) evidence of approval by the local building and
fire authorities;
(3) evidence of provisions in Texas Health and Safety
Code Chapter 577 or this chapter which will mitigate any adverse effect
of the waiver or modification; and
(4) evidence of any mitigating act in excess of the
Act or this chapter which will be used by the hospital to offset any
adverse effect of the waiver or modification.
(d) Written recommendation. HHSC shall submit a written
recommendation for granting or denying the waiver to the executive
commissioner. The recommendation shall address each of the criteria
in subsection (b) of this section.
(e) Granting order. If HHSC recommends that the waiver
or modification be granted, the executive commissioner may issue a
written order granting the waiver or modification.
(f) Denial of order. If HHSC recommends that the waiver
or modification be denied, the executive commissioner may issue a
written order denying the waiver or modification.
(g) File documentation. The licensing file for the
facility maintained by HHSC shall contain a copy of the request, the
documents requested in subsection (c) of this section (if applicable),
HHSC's written recommendation, and the order.
|
| Source Note: The provisions of this §510.129 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469; amended to be effective November 21, 2024, 49 TexReg 9283 |
