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(1)A NF undergoing a CHOW from privately owned to
non-state government owned or from non-state government owned to privately-owned
will only be eligible to enroll as the new class of facility if HHSC
received a completed CHOW application no later than 30 days prior
to the first day of the enrollment period. All required documents
pertaining to the CHOW (i.e., HHSC must have a complete application
for a change of ownership license as described under 40 TAC §19.201
(relating to Criteria for Licensing), 40 TAC §19.210 (relating
to Change of Ownership and Notice of Changes), and 40 TAC §19.2308
(relating to Change of Ownership)) must be submitted in the timeframe
required by HHSC.
(2)If an enrolled NF changes ownership, including
to a new class of facility during the pendency of the application
or during the eligibility period, the NF under the new ownership must
meet the eligibility requirements described in this section for the
new owner's facility class in order to continue QIPP participation
during the eligibility period.
(3)An enrolled NF must notify the MCOs it has contracts
with of a potential CHOW at least 30 days before the anticipated date
of the CHOW. An enrolled NF must also notify the HHSC Rate Analysis
Department by hand delivery, United States (U.S.) mail, or special
mail delivery at least 30 days before the anticipated date of the
CHOW. Notification is considered to have occurred when HHSC receives
the notice.
(j)Changes in operation. If an enrolled NF closes
voluntarily or ceases to provide NF services in its facility, the
NF must notify the HHSC Rate Analysis Department by hand delivery,
United States (U.S.) mail, or special mail delivery within 10 business
days of closing or ceasing to provide NF services. Notification is
considered to have occurred when HHSC receives the notice.
(k)Recoupment. Payments under this section may be
subject to recoupment as described in §353.1301(j) and §353.1301(k)
of this subchapter.
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on October 1, 2018
TRD-201804243 Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: November 11,
2018
For further information, please call: (512) 424-6637
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