26 Tex. Admin. Code § 558.1 - Purpose and Scope
(a) Purpose.
(1) The purpose of this chapter is to
implement Texas Health and Safety Code, Chapter 142, which requires the Texas
Health and Human Services Commission (HHSC) to adopt minimum standards that a
person must meet in order to be licensed as a home and community support
services agency (HCSSA) and also to qualify to provide certified home health
services. The requirements serve as a basis for licensure and survey
activities.
(2) Except as provided
by Texas Health and Safety Code §
142.003
(relating to Exemptions from Licensing Requirement), a person, including a
health care facility licensed under the Texas Health and Safety Code, may not
engage in the business of providing home health, hospice, or personal
assistance services (PAS), or represent to the public that the person is a
provider of home health, hospice, or PAS for pay without a HCSSA license
authorizing the person to perform those services issued by HHSC for each place
of business from which home health, hospice, or PAS is directed. A certified
HCSSA must have a license to provide certified home health
services.
(b) Scope. This
chapter establishes the minimum standards for acceptable quality of care. A
violation of a minimum standard established by Texas Health and Safety Code
Chapter 142, or by a rule adopted under that chapter, is a violation of law.
The rules in this chapter are adopted to protect clients of HCSSAs by
establishing minimum standards relating to quality of care and quality of
life.
(c) Limitations. Requirements
established by private or public funding sources such as health maintenance
organizations or other private third-party insurance, Medicaid (42 United
States Code (USC) Chapter 7, Subchapter XIX ), Medicare (42 USC Chapter 7,
Subchapter XVIII ), or state-sponsored funding programs are separate and apart
from the requirements in this chapter for agencies. No matter what funding
sources or requirements apply to an agency, the agency must still comply with
the applicable provisions in the Statute and this chapter. The agency is
responsible for researching availability of any funding source to cover a
service provided by the agency.
Notes
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