• The Department of Aging and Disability Services ("DADS") Adopts New Rules Concerning, Among Other Things, Nursing Facility Licensure Requirements
  • February 3, 2009 | Authors: Joseph V. (Joe) Geraci; Mia C. Garcia
  • Law Firms: Brown McCarroll, L.L.P. - Austin Office ; Brown McCarroll, L.L.P. - Houston Office
  • On January 9, 2009, DADS published adopted rules in the Texas Register (34 Tex. Reg. 237) concerning nursing facility licensure requirements. The adopted rule implements a portion of Senate Bill 1318. The rule allows DADS to assess a late fee against a license holder for late submission of a renewal application. The rule also provides for the assessment of a late fee instead of an administrative penalty. DADS also adopted licensure requirements for intermediate care facilities for persons with mental retardation or related conditions. Those rules provide that a license holder who submits a renewal application later than the 45th day before the expiration of a current license is subject to a late fee. The rule also adds violations for which DADS may assess an administrative penalty and for which DADS is not required to provide the facility time to correct prior to assessment of that penalty. The rule requires that DADS hold an exit conference in person if additional violations are identified after an initial exit conference. Highlights of additional adopted DADS rules include the following:

    • Clarifying criteria, definitions, and application procedures for assisted living facilities;
    • Clarifying licensing standards for home and community support services agencies (this includes renewal application dates and fees);
    • Adding criteria for which an administrative penalty may be assessed on home and community support services agencies without providing time to correct a violation before assessing the penalty;
    • Clarifying language on an administrative penalty for a violation of law relating to advance directives concerning home and community support services agencies;
    • Providing requirements for adult day care facility applications;
    • Clarifying procedures for submitting a plan of correction for adult day care facilities; and
    • Clarifying that employees or contractors of an adult day care facility comply with their professional practice acts or title acts relating to reporting and peer review.