Texas Register, Volume 21, Number 1, (Part II) Pages 105-178, January 2, 1996 Page: 136
105-178 p. ; 28 cm.View a full description of this periodical.
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care clients determined not to need RN supervision.
DHS has initiated several changes to the text. In 47.2902(e)-(g), 47.
2903(a)-(b), and 47.2904(a)(1), DHS has deleted the word "supervisor"
to clarify the role of the registered nurse. Also, in 47.2902(f)(2) DHS
has defined what a service plan is.
Service Requirements
* 40 TAC 47.2902-47.2905, 47.2912
The amendments are adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the author-
ity to administer public and medical assistance programs; and under
Texas Civil Statutes, Article 4413(502), 16, which provide the Health
and Human Services Commission with the authority to administer
federal medical assistance funds.
The amendments implement the Human Resources Code, 22.001-
22.024 and 32.001-32.041.
47.2902. Requesting Prior Approval for Primary Home Care.
(a)-(c) (No change.)
(d) A registered nurse (RN) must conduct an initial onsite
health assessment for primary home care/family care clients, using
the client health assessment form, to determine if the attendant
should be supervised by an RN or someone who is not an RN.
(e) If the RN cannot conduct the health assessment within
14 days of the referral date, the provider agency must notify the
caseworker about the reason for delay. The notification must be sent
on the case information form, within the 14-day period.
(f) Using the service plan form, the RN must develop a
service plan for the client. The service plan must include:
(1) (No change.)
(2) tasks and hours; and
(3) (No change.)
(g) After the RN conducts the health assessment, he must
obtain a physician's order by sending the physician's order form to
the client's physician. If the provider agency cannot obtain the
physician's order within 14 days of the referral date, the provider
agency must notify the caseworker about the reason for delay by
sending the case information form within the 14-day period. The
case information form must include the date of the health assessment
and must be dated after the health assessment date.
(h)-(i) (No change.)
47.2903. Provider Agency Requirements after Verbal Referral for
Primary Home Care.
(a) When a provider agency is contacted by a caseworker
about the need for verbal prior approval, the RN must make an
onsite health assessment of the applicant and must contact the
applicant's physician to get the verbal or written physician's order.
(b) The RN must verbally request prior approval and give
the regional nurse:
(1) a summary of the service plan, including:(A) (No change.)
(B) results of the health assessment; and
(C) (No change.)
(2)-(4) (No change.)
(c)-(f) (No change.)47.2904. Critical OmissionslErrors for Primary Home Care.
(a) If the client health assessment/service plan form or the
physician's order for primary home care is missing, or if any of the
following critical omissions or errors has occurred in the required
documentation, the provider agency cannot obtain prior approval.
(1) The RN fails to sign or date the client health assess-
ment/service plan or omits the RN credentials that should follow his
signature.
(2) (No change.)
(3) Service plan tasks are not identified on the service
plan form.
(4) The total number of service hours per week is not
specified on the service plan form.
(5) For clients who require renewal of prior approval as
specified in 47.2902(a) of this title (relating to Requesting Prior
Approval), the client health assessment/service plan form has a date
that is earlier than 60 days before the end of the prior approval
period.
(6)-(13) (No change.)
(b) (No change.)
This agency hereby certifies that the rule as adopted has been re-
viewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Issued in Austin, Texas, on December 22, 1995.
TRD-9516701 Nancy Murphy
Section Manager, Media and Policy Services
Texas Department of Human Services
Effective date: January 15, 1996
Proposal publication date: November 3, 1995
For further information, please call: (512) 438-3765
* 40 TAC 47.2906, 47.2911
The repeals are adopted under the Human Resources Code, Title 2,
Chapters 22 and 32, which provides the department with the authority
to administer public and medical assistance programs; and under
Texas Civil Statutes, Article 4413(502), 16, which provide the Health
and Human Services Commission with the authority to administer
federal medical assistance funds.
The repeals implement the Human Resources Code, 22.001-22.024
and 32.001-32.041.
This agency hereby certifies that the rule as adopted has been re-
viewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Issued in Austin, Texas, on December 22, 1995.
TRD-9516700 Nancy Murphy
Section Manager, Media and Policy Services
Texas Department of Human Services
Effective date: January 15, 1996
Proposal publication date: November 3, 1995
For further information, please call: (512) 438-3765
Sanctions
* 40 TAC 47.6901
The amendment is adopted under the Human Resources Code, Title 2,
Chapters 22 and 32, which provides the department with the authority
to administer public and medical assistance programs; and under
Texas Civil Statutes, Article 4413(502), 16, which provide the Health
and Human Services Commission with the authority to administer
federal medical assistance funds.21 TexReg 136 January 2, 1996 Texas Register *
14L
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Texas. Secretary of State. Texas Register, Volume 21, Number 1, (Part II) Pages 105-178, January 2, 1996, periodical, January 2, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182011/m1/36/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.