40 TAC §19.2111
The Texas Department of Human Services (DHS) proposes an
amendment to §19.2111, concerning suspension of admissions, in its Nursing
Facility Requirements for Licensure and Medicaid Certification chapter. The
purpose of the amendment is to define an admission as a means of a more consistent
application of the optional state remedy, suspension of admissions. When the
remedy to suspend admissions is imposed, the facility is ordered not to admit
residents, regardless of funding source, effective on the date the provider
receives notice of the commissioner's order. The proposal states that, for
the purpose of imposing this remedy, an admission is the entry into a facility
of a new resident or of a resident who has been absent from the facility for
24 or more hours. A waiver to allow a resident to be admitted may be considered
by the commissioner or his designee.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be protection of resident health and safety. When a suspension
of admissions is imposed, there is a threat to the health and safety of residents.
To allow an individual to return to that environment could place them at risk.
There will be no effect on large, small, or micro businesses, because there
is no effect on a facility that complies with the requirements. However, if
facility conditions are so egregious that they pose a threat to resident health
and safety and a suspension of admissions is the remedy imposed, a facility
may experience an adverse economic effect. A one-year synopsis indicates that
twenty-nine suspensions were imposed, nineteen were resolved, one was not
implemented, four were overturned, and five were in active status. Based upon
this data, the department does not anticipate that a significant number of
facilities would experience a suspension of admissions, as defined by this
rule. The financial impact on a specific facility where a suspension of admissions
has been imposed would be dependant on the length of time the suspension is
in effect and how many, if any, admissions were denied during that time frame.
Questions about the content of this proposal may be directed to Linda Williams
at (512) 438-3167 in DHS's Long Term Care Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-250,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas,
78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed under the Health and Safety Code, Chapter
242, which authorizes the department to license and regulate nursing facilities.
The amendment implements the Health and Safety Code, §242.001-242.268.
§19.2111.Suspension of Admissions.
(a)
If the commissioner finds that a nursing facility has committed
an act for which a civil penalty may be imposed under §242.065, Health
and Safety Code, the commissioner may order the nursing facility to immediately
suspend admissions.
For the purpose of this remedy, the Texas Department
of Human Services defines an admission as the entry into a facility of a new
resident or of a resident who has been absent from the facility for 24 or
more hours. A waiver to allow a resident to be admitted may be considered
by the commissioner or his designee.
(b)-(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 29, 2000.
TRD-200004539
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 438-3108