| (1) The following periods of time apply from the date
of receipt of an application until the date of issuance of a written
notice that the application is complete and accepted for filing or
that the application is deficient and additional specific information
is required. A written notice stating that the application has been
approved may be sent in lieu of the notice of acceptance of a complete
application. The time periods are:
(A) letter of acceptance of an application for a home
health medication aide permit--14 days; and
(B) letter of application or renewal deficiency--14
days.
(2) The following periods of time shall apply from
the receipt of the last item necessary to complete the application
until the date of issuance of written notice approving or denying
the application. The time periods for denial include notification
of proposed decision and of the opportunity, if required, to show
compliance with the law and of the opportunity for a formal hearing.
An application is not considered complete until the required documentation
and fee have been submitted by the applicant. The time periods are
as follows:
(A) the issuance of an initial permit--90 days;
(B) the letter of denial for a permit--90 days; and
(C) the issuance of a renewal permit--20 days.
(3) In the event an application is not processed in
the time period stated in paragraphs (1) and (2) of this subsection,
the applicant has the right to request reimbursement of all fees paid
in that particular application process. Request for reimbursement
is made to the Home Health Medication Aide Permit Program. If the
director of the Home Health Medication Aide Permit Program does not
agree that the time period has been violated or finds that good cause
existed for exceeding the time period, the request will be denied.
(4) Good cause for exceeding the time period exists
if the number of applications for initial home health medication aide
permits and renewal permits exceeds by 15 percent or more the number
of applications processed in the same calendar quarter of the preceding
year; another public or private entity relied upon by HHSC in the
application process caused the delay; or any other condition exists
giving HHSC good cause for exceeding the time period.
(5) If a request for reimbursement under paragraph
(3) of this subsection is denied by the director of the Home Health
Medication Aide Permit Program, the applicant may appeal to the HHSC
commissioner for a timely resolution of any dispute arising from a
violation of the time periods. The applicant must give written notice
to the HHSC commissioner that the applicant requests full reimbursement
of all fees paid because the application was not processed within
the applicable time period. The applicant must mail the reimbursement
request to Health and Human Services Commission, John H. Winters Human
Services Complex, 701 W. 51st St., P.O. Box 149030, Austin, Texas
78714-9030. The director of the Home Health Medication Aide Permit
Program must submit a written report of the facts related to the processing
of the application and of any good cause for exceeding the applicable
time period to the HHSC commissioner. The HHSC commissioner provides
written notice of the commissioner's decision to the applicant and
the director of the Home Health Medication Aide Permit Program. An
appeal is decided in the applicant's favor if the applicable time
period was exceeded and good cause was not established. If the appeal
is decided in favor of the applicant, HHSC reimburses, in full, all
fees paid in that particular application process.
(r) Denial, suspension, or revocation.
(1) HHSC may deny, suspend, emergency suspend, or revoke
a permit or program approval if the medication aide or program fails
to comply with any provision of the Texas Health and Safety Code,
Chapter 142, Subchapter B, or this chapter.
(2) HHSC may also take action under paragraph (1) of
this subsection for fraud, misrepresentation, or concealment of material
fact on any documents required to be submitted to HHSC or required
to be maintained or complied by the medication aide or program pursuant
to this chapter.
(3) HHSC may suspend or revoke an existing permit or
program approval or disqualify a person from receiving a permit or
program approval because of a person's criminal history that HHSC
determines is a basis for denying the permit under §557.121 of
this chapter (relating to Permitting of Persons with Criminal Backgrounds).
(4) If HHSC proposes to deny, suspend, or revoke a
home health medication aide permit or to rescind a home health medication
aide program approval, HHSC notifies the medication aide or home health
medication aide program by certified mail, return receipt requested,
of the reasons for the proposed action and offers the medication aide
or home health medication aide program an opportunity for a hearing.
(A) The medication aide or home health medication aide
program must request a hearing within 15 days after receipt of the
notice. Receipt of notice is presumed to occur on the tenth day after
the notice is mailed to the last address known to HHSC unless another
date is reflected on a United States Postal Service return receipt.
(B) The request must be in writing and submitted to
the Health and Human Services Commission, Medication Aide Program,
Mail Code E-416, P.O. Box 149030, Austin, Texas 78714-9030.
(C) If the medication aide or home health medication
aide program does not request a hearing, in writing, 15 days after
receipt of the notice, the medication aide or home health medication
aide program is deemed to have waived the opportunity for a hearing
and the proposed action is taken.
(5) HHSC may suspend a permit to be effective immediately
when the health and safety of persons are threatened. HHSC notifies
the medication aide of the emergency action by certified mail, return
receipt requested, or personal delivery of the notice and of the effective
date of the suspension and the opportunity for the medication aide
to request a hearing.
(6) All hearings are governed by Texas Government Code,
Chapter 2001, and 1 TAC §§357.481 - 357.490.
(7) If the medication aide or program fails to appear
or be represented at the scheduled hearing, the medication aide or
program has waived the right to a hearing and the proposed action
is taken.
(8) If HHSC suspends a home health medication aide
permit, the suspension remains in effect until HHSC determines that
the reason for suspension no longer exists, revokes the permit, or
determines not to renew the permit. HHSC investigates before making
a determination.
(A) During the time of suspension, the suspended medication
aide must return the permit to HHSC.
(B) If a suspension overlaps a renewal date, the suspended
medication aide may comply with the renewal procedures in this chapter;
however, HHSC does not renew the permit until HHSC determines that
the reason for suspension no longer exists.
(9) If HHSC revokes or does not renew a permit, a person
may reapply for a permit by complying with the requirements and procedures
in this chapter at the time of reapplication.
(A) HHSC may refuse to issue a permit if the reason
for revocation or nonrenewal continues to exist.
(B) When a permit is revoked or not renewed, a medication
aide must immediately return the permit to HHSC.
|
