26 Tex. Admin. Code § 554.1 - Basis and Scope
(a) Basis in
legislation. The Nursing Facility Requirements for Licensure and Medicaid
Certification implement the requirements of federal and state laws and
regulations governing licensed nursing facilities and nursing facilities
participating in the Medicaid program administered by HHSC in cooperation with
other federal and state agencies. If there is a conflict between material in
these requirements and the laws or regulations governing the Medicaid program,
the Medicaid laws and regulations are controlling. It is the intent of the
Texas Legislature that rules adopted under Chapter 242 of the Texas Health and
Safety Code may be more stringent than the standards imposed by federal law for
certification for participation in the state Medicaid program. The rules and
standards may not be less stringent than the Medicaid certification standards
imposed under the Omnibus Budget Reconciliation Act of 1987.
(b) Scope. The Nursing Facility Requirements
for Licensure and Medicaid Certification contain the requirements that an
institution must meet in order to be licensed as a nursing facility and also to
qualify to participate in the Medicaid program. The requirements serve as a
basis for survey activities for licensure and certification.
(1) Certain requirements are specific to
Medicaid-certified facilities and are so designated. The Medicaid-specific
requirements apply to all residents, including private pay, Medicaid applicants
and recipients, U.S. Department of Veteran's Affairs patients, and Medicare
recipients, who are admitted to and reside in a Medicaid-certified facility or
a Medicaid-certified distinct part of a facility.
(2) Additional requirements for facilities or
distinct parts of facilities that are certified for Medicare-only participation
are in 42 CFR §§
483.5 -
483.95.
(3) These requirements do not apply to
skilled nursing facilities licensed under the Texas Health and Safety Code,
Chapter 241, participating only in the Medicare program.
Notes
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