26 Tex. Admin. Code § 511.3 - Waiver Provisions

(a) A limited services rural hospital (LSRH) may submit a written request to the Texas Health and Human Services Commission (HHSC) for a waiver or modification of a particular provision of Texas Health and Safety Code (HSC) Chapter 241 (relating to Hospitals) or a standard in this chapter, except fire safety requirements. The written request shall specify the section or sections of HSC Chapter 241 or this chapter for which the LSRH is requesting a waiver.

(b) In requesting the waiver, the LSRH must address each of the following requirements and provide documentation as necessary to support its position. The LSRH must:

(1) provide evidence to support why the requested waiver will not adversely affect the health and safety of the hospital patients, employees, or the general public;

(2) indicate how the LSRH determined that granting the waiver would not adversely impact the LSRH's participation in the federal Medicare program or accreditation by a Centers for Medicare & Medicaid Services-approved organization;

(3) describe how not granting the waiver would impose an unreasonable hardship on the LSRH in providing adequate care for patients;

(4) describe how the waiver would facilitate creating or operating the LSRH; and

(5) explain why the waiver would be appropriate when balanced against the best interests of the individuals served or to be served by the LSRH.

(c) The LSRH must submit supporting documentation with the waiver request. HHSC may request additional written documentation from the LSRH to support the waiver or modification.

(d) In accordance with HSC §241.302(f) (relating to License Required), HHSC may grant a waiver under this section if HHSC determines the waiver or modification will facilitate creating or operating the LSRH and that the waiver or modification is in the best interests of the individuals served or to be served by the LSRH.

(e) The HHSC Health Care Regulation licensing director ("licensing director") shall submit a written recommendation for granting or denying the waiver to the HHSC executive commissioner or designee.

(f) If the licensing director recommends that the waiver or modification be granted, the executive commissioner may issue a written order granting the waiver or modification.

(g) If the licensing director recommends that the waiver or modification be denied, the executive commissioner may issue a written order denying the waiver or modification.

(h) The LSRH's licensing file maintained by HHSC shall contain a copy of the request, any supporting documents the LSRH provided, and the order. The LSRH shall maintain the original order in their permanent records.

Notes

26 Tex. Admin. Code § 511.3

Adopted by Texas Register, Volume 48, Number 39, September 29, 2023, TexReg 5676, eff. 10/5/2023