| (a) Basis in legislation. The Nursing Facility Requirements
for Licensure and Medicaid Certification implement the requirements
of federal and state laws and regulations governing licensed nursing
facilities and nursing facilities participating in the Medicaid program
administered by HHSC in cooperation with other federal and state agencies.
If there is a conflict between material in these requirements and
the laws or regulations governing the Medicaid program, the Medicaid
laws and regulations are controlling. It is the intent of the Texas
Legislature that rules adopted under Chapter 242 of the Texas Health
and Safety Code may be more stringent than the standards imposed by
federal law for certification for participation in the state Medicaid
program. The rules and standards may not be less stringent than the
Medicaid certification standards imposed under the Omnibus Budget
Reconciliation Act of 1987.
(b) Scope. The Nursing Facility Requirements for Licensure
and Medicaid Certification contain the requirements that an institution
must meet in order to be licensed as a nursing facility and also to
qualify to participate in the Medicaid program. The requirements serve
as a basis for survey activities for licensure and certification.
(1) Certain requirements are specific to Medicaid-certified
facilities and are so designated. The Medicaid-specific requirements
apply to all residents, including private pay, Medicaid applicants
and recipients, U.S. Department of Veteran's Affairs patients, and
Medicare recipients, who are admitted to and reside in a Medicaid-certified
facility or a Medicaid-certified distinct part of a facility.
(2) Additional requirements for facilities or distinct
parts of facilities that are certified for Medicare-only participation
are in 42 CFR §§483.5-483.95.
(3) These requirements do not apply to skilled nursing
facilities licensed under the Texas Health and Safety Code, Chapter
241, participating only in the Medicare program.
|
| Source Note: The provisions of this §554.1 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
