Facilities offering respite care must meet the requirements
of this chapter, except as provided in paragraph (4) of this section.
(1) Definitions. The following words and terms, when
used in this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(A) Plan of care--A written description of the medical
care or the supervision and nonmedical care needed by an individual
during respite care.
(B) Respite care--The provision by a facility to an
individual, for not more than two weeks for each stay in the facility,
of room, board, and care at the level ordinarily provided for permanent
residents.
(2) Plan of care. The facility and the individual
arranging respite care must agree on the plan of care, and the plan
must be filed at the facility before the facility admits the individual.
(A) The plan of care must be signed by:
(i) a licensed physician if the individual needing
care requires medical care or treatment; or
(ii) the individual arranging the care if medical care
or treatment is not required.
(B) The facility may keep a plan of care for an individual
for six months from the date on which it is developed. During that
period, the facility may admit the individual as frequently as needed.
(3) Notification. A facility must notify the Texas
Department of Human Services (DHS) in writing that it offers respite
services.
(4) Inspections. During licensing or certification
inspections, or at other times DHS determines necessary, DHS inspects
a facility's records of respite care services, physical accommodations
for respite care, and the plan of care records to ensure that the
respite care services comply with the certification requirements of
this chapter, with the following exceptions.
(A) The clinical record of each respite care resident
must contain:
(i) general identifying information necessary to care
for the individual and maintain his clinical record;
(ii) resident assessment and care plan according to
facility policy;
(iii) progress notes and/or flow sheets which document
care and services;
(iv) reports of diagnostic or lab studies;
(v) physician's orders; and
(vi) discharge and readmission information as required
by facility policy for respite care services.
(B) Resident assessment requirements of §19.801
of this title (relating to Resident Assessment) apply to respite care
services only on the 14th day of care.
(C) The clinical records requirement found at §19.1912(e)
of this title (relating to Additional Clinical Record Service Requirements)
does not apply.
(5) Suspension. DHS may require an institution to cease
providing respite care if DHS determines that the respite care does
not meet the requirement of this chapter and that the facility cannot
comply with those requirements in the respite care it provides. DHS
may suspend the license of a facility that continues to provide respite
care after receiving a written order from DHS to cease.
(6) Licensed capacity. When a facility provides respite
care:
(A) the total number of individuals receiving services
in the facility must not exceed the number of licensed beds; and
(B) any required nurse-to-resident ratio must include
any individual receiving respite care services regardless of the number
of hours that the individual spends in the facility.
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| Source Note: The provisions of this §554.1916 adopted to be effective May 1, 1995, 20 TexReg 2393; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
