| (a) No later than six months after the effective date
of an agency's initial license, an agency must:
(1) admit and provide services to clients as described
in subsection (b) of this section; and
(2) except as provided in subsection (f) of this section,
submit a written request for an initial licensure survey to the designated
survey office, as described in subsection (c) of this section.
(b) Before submitting a written request to HHSC for
an initial licensure survey, an agency must admit clients and provide
services as described in this subsection. The categories of service
on an initial license may include licensed home health services (LHHS),
LHHS with home dialysis designation, hospice services, and personal
assistance services (PAS).
(1) When an initial license includes only one category
of service, an agency must admit and provide services to at least
one client.
(2) When an initial license includes the LHHS and the
PAS categories, an agency must admit and provide LHHS to at least
one client.
(3) When an initial license includes the LHHS and the
LHHS with home dialysis designation categories, with or without the
PAS category, an agency must admit and provide LHHS with home dialysis
designation to at least one client.
(4) When an initial license includes the hospice services
and the PAS categories, an agency must admit and provide hospice services
to at least one client.
(5) When an initial license includes the LHHS and the
hospice services categories, with or without the PAS category, an
agency must admit and provide LHHS services to at least one client
and admit and provide hospice services to at least one client.
(6) When an initial license includes the LHHS, the
LHHS with home dialysis designation, and the hospice services categories,
with or without the PAS category, an agency must admit and provide
LHHS with home dialysis designation to at least one client. The agency
must also admit and provide hospice services to at least one client.
(c) The agency's written request for an initial survey
must be submitted to the designated survey office using HHSC Form
2020 Notification of Readiness for Initial Survey. The written request
must include the name, date of admission, and the category of service
provided to each client admitted for services to demonstrate that
the agency has admitted clients and provided services as described
in subsection (b) of this section.
(d) An agency must have the following information available
and ready for review by a surveyor upon the surveyor's arrival at
the agency:
(1) a list of clients who are receiving services or
who have received services from the agency for each category of service
licensed. The list must comply with the requirements of §558.293
of this chapter (relating to Client List and Services);
(2) the client records for each client admitted during
the licensing period before the initial survey;
(3) all agency policies as required by this chapter;
and
(4) all personnel records of agency employees.
(e) HHSC may propose to deny an application to renew,
or revoke or suspend, an initial license for the reasons specified
in §558.15(c) of this chapter (relating to Issuance of an Initial
License).
(f) An agency is not required to request an initial
survey in accordance with subsection (a)(2) of this section if the
agency is exempt from the survey as specified in §558.503 of
this subchapter (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 no later than six months after the effective date of its license.
(g) If an agency receives written notice of accreditation
from the accreditation organization after the agency submits a written
request to HHSC for an initial licensure 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 survey.
|
| Source Note: The provisions of this §558.521 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective September 1, 2008, 33 TexReg 1149; amended to be effective July 1, 2012, 37 TexReg 4613; 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 |
