26 Tex. Admin. Code § 554.2756 - Administrative Requirements for Durable Medical Equipment and Customized Manual Wheelchairs
(a) A nursing
facility must ensure that only the designated resident to whom DME or a CMWC
belongs uses the DME or CMWC. A nursing facility must identify the DME or CMWC
as the personal property of the designated resident.
(b) If the designated resident who was
provided DME or a CMWC is discharged from a nursing facility, the designated
resident retains the DME or CMWC.
(c) If a designated resident who was provided
DME or a CMWC dies, the DME or CMWC becomes property of the designated
resident's estate. As part of the estate, the DME or CMWC is subject to the
Medicaid Estate Recovery Program requirements in 1 TAC Chapter 373 (relating to
Medicaid Estate Recovery Program).
(d) If DME or a CMWC is donated or sold to a
nursing facility by a designated resident or the personal representative of a
designated resident's estate, the transaction must be documented in accordance
with §
554.416 of this chapter (relating
to Personal Property).
(e) A
modification, adjustment, or repair to DME or a CMWC required within the first
six months after delivery of the DME or CMWC is the responsibility of the DME
supplier. More than six months after delivery of DME or a CMWC, a nursing
facility must maintain and repair all medically necessary equipment for a
designated resident, including DME or a CMWC obtained under this division, as
required by §
554.2601(b)(8)(C)
of this chapter (relating to Vendor Payment
(Items and Services Included)).
(f) A nursing facility must submit a request
to replace DME or a CMWC of a designated resident in the same manner as a
request for the authorization to provide DME or a CMWC to a designated
resident. HHSC does not approve a request to replace a CMWC made within five
years after a CMWC was purchased for the designated resident, unless the
request includes:
(1) an order from the
designated resident's attending physician; and
(2) an assessment by an occupational
therapist or physical therapist licensed in Texas, with documentation
explaining why the designated resident's current CMWC no longer meets the
designated resident's needs.
Notes
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