| (a) HHSC immediately withdraws approval of a facility-based
NATCEP if the nursing facility where the NATCEP is offered has:
(1) been granted a waiver concerning the services of
an RN under §1819(b)(4)(C)(ii)(II) or §1919(b)(4)(C)(i)-(ii)
of the Act;
(2) been subject to an extended (or partially extended)
survey under §1819(g)(2)(B)(i) or §1919(g)(2)(B)(i) of the
Act;
(3) been assessed a civil money penalty of not less
than $5,000, as adjusted annually under 45 Code of Federal Regulations
(CFR), Part 102, for deficiencies in nursing facility standards, as
described in §1819(h)(2)(B)(ii) or §1919(h)(2)(A)(ii) of
the Act;
(4) been subject to denial of payment under Title XVIII
or Title XIX of the Act;
(5) operated under state-appointed or federally appointed
temporary management to oversee the operation of the facility under §1819(h)
or §1919(h) of the Act;
(6) had its participation agreement terminated under §1819(h)(4)
or §1919(h)(1)(B)(i) of the Social Security Act;
(7) pursuant to state action, closed or had its residents
transferred under §1919(h)(2); or
(8) refused to permit unannounced visits by HHSC.
(b) HHSC withdraws approval of a NATCEP if the NATCEP
does not comply with §556.3 of this chapter (relating to NATCEP
Requirements).
(1) HHSC reviews allegations of noncompliance with
this chapter by a NATCEP. If HHSC receives an allegation of noncompliance,
HHSC notifies the NATCEP in writing and gives the NATCEP an opportunity
to correct the noncompliance or provide documentation showing compliance.
The NATCEP must correct the noncompliance or provide evidence of compliance
and submit notification of the correction or documentation to show
compliance to HHSC, in writing, within 10 days after receipt of the
notice of noncompliance.
(2) If the NATCEP fails to correct the noncompliance,
provide documentation showing compliance, or respond to the first
notification from HHSC, HHSC sends a second notice. The NATCEP must
correct the noncompliance or provide documentation showing compliance
and submit notification of the correction or documentation to show
compliance to HHSC, in writing, within 20 days after receipt of the
second notice. Failure to comply will result in withdrawal of approval
of the NATCEP.
(c) If HHSC withdraws approval of a NATCEP for failure
to comply with §556.3 of this chapter, HHSC does not approve
the NATCEP for at least two years after the date the approval was
withdrawn.
(d) If HHSC proposes to withdraw approval of a NATCEP
based on subsection (a) of this section, HHSC notifies the NATCEP
of the facts or conduct alleged to warrant the withdrawal. HHSC sends
the notice to the facility's last known email address as shown in
HHSC records.
(e) A dually certified nursing facility that offers
a NATCEP may request a hearing to challenge the findings of noncompliance
that led to the withdrawal of approval of the NATCEP, but not the
withdrawal of approval of the NATCEP itself, in accordance with 42
CFR, Part 498.
(f) A nursing facility that offers a NATCEP and that
participates only in Medicaid may request a hearing to challenge the
findings of noncompliance that led to the withdrawal of approval of
the NATCEP, but not the withdrawal of approval of the NATCEP itself.
A hearing is governed by 1 Texas Administrative Code (TAC) Chapter
357, Subchapter I (relating to Hearings Under the Administrative Procedure
Act), and 40 TAC Chapter 91 (relating to Hearings Under the Administrative
Procedure Act), except the nursing facility must request the hearing
within 60 days after receipt of the notice described in subsection
(d) of this section, as allowed by 42 CFR §431.153.
(g) A nursing facility may request a hearing under
subsection (e) or (f) of this section, but not both.
(h) If the finding of noncompliance that led to the
denial of approval of the NATCEP by HHSC is overturned, HHSC rescinds
the denial of approval of the NATCEP.
(i) If HHSC proposes to withdraw approval of a NATCEP
based on §556.3 of this chapter or §556.7 of this chapter
(relating to Review and Reapproval of a Nurse Aide Training and Competency
Evaluation Program (NATCEP)), the NATCEP may request a hearing to
challenge the withdrawal. A hearing is governed by 1 TAC Chapter 357,
Subchapter I (relating to Hearings Under the Administrative Procedures
Act), and 40 TAC Chapter 91 (relating to Hearings Under the Administrative
Procedures Act). 1 TAC §357.484 (relating to Request for a Hearing)
requires a hearing to be requested in writing within 15 days after
the date the notice is received by the applicant. If a NATCEP does
not make a timely request for a hearing, the applicant has waived
the opportunity for a hearing and HHSC may withdraw the approval.
(j) A trainee who started a NATCEP before HHSC sent
notice that it was withdrawing approval of the NATCEP may complete
the NATCEP.
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| Source Note: The provisions of this §556.8 adopted to be effective September 24, 2018, 43 TexReg 6326; amended to be effective September 27, 2022, 47 TexReg 6201; amended to be effective March 17, 2024, 49 TexReg 1476 |
