| (a) An agency with a license to provide hospice services
may qualify for an ADS license if the parent agency:
(1) is in substantial compliance with the Statute and
this chapter; and
(2) has no enforcement action pending against its license.
(b) To apply for an ADS license, an agency must submit
an ADS application to HHSC through the online portal, in accordance
with §558.12 of this subchapter (relating to General Application).
(1) In the application, an agency may request to operate
an inpatient unit at the ADS location.
(2) To add an inpatient unit to a licensed ADS, an
agency must submit a change of service category application through
the online portal according to the instructions for requesting HHSC
approval, and otherwise comply with requirements of this section.
(c) After an agency submits an application for an ADS
with an inpatient unit, the agency must contact the HHSC Architectural
Unit to request a Life Safety Code survey. Before HHSC considers whether
the application is complete, HHSC determines an agency's compliance
with the Life Safety Code requirements §558.871 of this chapter
(relating to Physical Environment in a Hospice Inpatient Unit).
(d) A designated survey office reviews an agency's
application for an ADS license and makes a recommendation to the HHSC
HCSSA licensing unit whether to approve or deny the application. The
HCSSA licensing unit approves or denies the agency's application.
(e) If HHSC denies an agency's application, HHSC sends
the agency a written notice:
(1) informing the agency of its decision; and
(2) providing the agency with an opportunity to appeal
its decision through a formal hearing process as described in §558.601
of this chapter (relating to Enforcement Actions).
(f) Except as provided in subsection (g) of this section,
after HHSC issues a license for an ADS with an inpatient unit, the
agency must, after providing inpatient services to a client, submit
the Notification of Readiness for a Health Survey of a Hospice Inpatient
Unit (HHSC Form 2020-A), to the designated survey office. HHSC conducts
an initial licensure health survey to review the requirements in §558.871
of this chapter specified in Subchapter H, Division 7 of this chapter
(relating to Hospice Inpatient Units) that an HHSC Life Safety Code
surveyor did not review during the initial Life Safety Code survey.
(g) An agency is not required to request an initial
licensure health survey of an ADS with an inpatient unit if the agency
is exempt from the health survey as specified in §558.503 of
this chapter (relating to Exemption From a Survey). To demonstrate
that it is exempt, the agency must send the accreditation documentation
from the accreditation organization to the HHSC designated survey
office within seven days after the agency receives the accreditation
documentation.
(h) If an agency receives accreditation documentation
from the accreditation organization after the agency submits a written
request to HHSC for an initial licensure health survey, the agency
may demonstrate that it is exempt from the survey by sending the accreditation
documentation to the HHSC designated survey office before HHSC arrives
at the agency to conduct an initial health survey.
(i) A Medicare-certified hospice agency must also submit
a request to CMS for approval of an ADS, including an ADS with an
inpatient unit. CMS approves or denies the request.
(j) An ADS license expires on the same date the parent
agency's license expires. To renew an ADS license, the license holder
must submit to HHSC through the online portal a renewal application
and all required fees for the ADS license when submitting a renewal
application for the parent agency's license.
(k) If HHSC grants an ADS license, it will provide
the license to the parent agency. The agency must post the ADS license
in a conspicuous place on the licensed ADS premises.
(l) An ADS must comply with the Statute and this chapter,
including the applicable additional standards for hospice agencies
in Subchapter H of this chapter (relating to Standards Specific to
Agencies Licensed to Provide Hospice Services) and §558.322 of
this chapter (relating to Standards for Alternate Delivery Sites).
A Medicare-certified hospice agency's ADS must also comply with the
applicable federal rules and regulations for hospice agencies in 42
CFR Part 418.
|
| Source Note: The provisions of this §558.29 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective October 1, 2013, 38 TexReg 6628; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893 amended to be effective April 25, 2021, 46 TexReg 2427 |
