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RULE §554.1001Nursing Services

    (A) an additional licensed vocational nurse on day-shift duty when the registered nurse is absent;

    (B) modification of nursing services operations; and

    (C) modification of the physical environment relating to nursing services.

  (10) Denial or withdrawal of a waiver. Denial or withdrawal of a waiver may be made at any time if any of the following conditions exist:

    (A) requirements for a waiver are not met on a continuing basis;

    (B) the quality of resident care is not acceptable; or

    (C) justified complaints are found in areas affecting resident care.

  (11) Requirement that SNFs be in a rural area. A SNF (Medicare) must be in a rural area for waiver consideration, as specified in paragraph (6) of this subsection. A rural area is any area outside the boundaries of a standard metropolitan statistical area. Rural areas are defined and designated by the federal Office of Management and Budget; are determined by population, economic, and social requirements; and are subject to revisions.

(b) Nurse staffing information.

  (1) Data requirements. The facility must post the following information:

    (A) on a daily basis:

      (i) the facility name;

      (ii) the current date;

      (iii) the resident census; and

      (iv) the specific shifts for the day; and

    (B) at the beginning of each shift, the total number of hours and actual time of day to be worked by the following licensed and unlicensed nursing staff, including relief personnel directly responsible for resident care:

      (i) RNs;

      (ii) LVNs; and

      (iii) CNAs.

  (2) Posting requirements. The nursing facility must post the data described in paragraph (1) of this subsection:

    (A) in a clear and readable format; and

    (B) in a prominent place readily accessible to residents and visitors.

  (3) Public access to posted nurse staffing data. The facility must, upon oral or written request, make copies of nurse staffing data available to the public for review at a cost not to exceed the community standard rate.

  (4) Facility data retention requirements. The facility must maintain the posted daily nurse staffing data for the period of time specified by written facility policy or for at least two years following the last day in the schedule, whichever is longer.

Source Note: The provisions of this §554.1001 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 30, 2011, 36 TexReg 7174; amended to be effective April 5, 2018, 43 TexReg 2017; 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; amended to be effective January 2, 2022, 46 TexReg 9037

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