Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
The Texas Department of Human Services (DHS) adopts amendments to §§19.101,
19.2302, and 19.2320; and adopts new §19.1113 and §19.1115 without
changes to the proposed text published in the March 19, 2004, issue of the
Justification for the amendments and the new sections is to comply with
federal guidelines and to implement changes mandated by the 78th Texas Legislature.
The amendment to §19.101 and new §19.1113 and §19.1115 are
being adopted to allow facilities to use paid feeding assistants, as provided
in 42 Code of Federal Regulations (CFR), §§483.35, 483.75, 483.160,
and 488.301. Justification for the amendment to §19.2302 is to add the
requirement for facilities that furnish services under the Medicaid program
to comply with solicitation guidelines in Occupations Code, Chapter 102, as
required by Government Code, §531.116. The amendment to §19.2320
is being adopted to implement Human Resources Code §32.024, which holds
the facility responsible for payment of nonemergency ambulance services when
the facility fails to obtain prior authorization.
DHS received no comments regarding adoption of the amendments and new sections.
Subchapter B. DEFINITIONS
40 TAC §19.101
The amendment is adopted under the Human Resources Code, Chapters
22 and 32, and the Health and Safety Code, Chapter 242, which authorize DHS
to administer public and medical assistance programs and to license and regulate
nursing facilities; and under Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The amendment affects the Human Resources Code, §§22.0001 - 22.040
and §§32.001 - 32.067, and the Health and Safety Code, §§242.001
- 242.852.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 11, 2004.
TRD-200403189
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: June 1, 2004
Proposal publication date: March 19, 2004
For further information, please call: (512) 438-3734
Subchapter L. DIETARY SERVICES