|(a) A nursing facility must ensure that only the designated
resident to whom DME or a CMWC belongs uses the DME or CMWC. A nursing
facility must identify the DME or CMWC as the personal property of
the designated resident.
(b) If the designated resident who was provided DME
or a CMWC is discharged from a nursing facility, the designated resident
retains the DME or CMWC.
(c) If a designated resident who was provided DME or
a CMWC dies, the DME or CMWC becomes property of the designated resident's
estate. As part of the estate, the DME or CMWC is subject to the Medicaid
Estate Recovery Program requirements in 1 TAC Chapter 373 (relating
to Medicaid Estate Recovery Program).
(d) If DME or a CMWC is donated or sold to a nursing
facility by a designated resident or the personal representative of
a designated resident's estate, the transaction must be documented
in accordance with §19.416 of this chapter (relating to Personal
(e) A modification, adjustment, or repair to DME or
a CMWC required within the first six months after delivery of the
DME or CMWC is the responsibility of the DME supplier. More than six
months after delivery of DME or a CMWC, a nursing facility must maintain
and repair all medically necessary equipment for a designated resident,
including DME or a CMWC obtained under this division, as required
by §19.2601(b)(8)(C) of this chapter (relating to Vendor Payment
(Items and Services Included)).
(f) A nursing facility must submit a request to replace
DME or a CMWC of a designated resident in the same manner as a request
for the authorization to provide DME or a CMWC to a designated resident.
HHSC does not approve a request to replace a CMWC made within five
years after a CMWC was purchased for the designated resident, unless
the request includes:
(1) an order from the designated resident's attending
(2) an assessment by an occupational therapist or physical
therapist licensed in Texas, with documentation explaining why the
designated resident's current CMWC no longer meets the designated
|Source Note: The provisions of this §554.2756 adopted to be effective September 10, 2017, 42 TexReg 4468; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871