26 Tex. Admin. Code § 554.1012 - Special Nurses and Sitters
(a)
Facilities may develop their own policies regarding private duty aides and
sitters.
(b) The nursing facility
is responsible for meeting the needs of the residents regardless of the
presence of special nurses or sitters.
(c) In Medicaid-certified facilities, the
following apply.
(1) The facility is not
responsible for payment for a special nurse (registered nurse or licensed
vocational nurse) or sitter requested by the resident's physician or
family.
(2) The special nurse or
sitter must be hired as a separate agreement between the nurse or sitter and
resident, or the resident's family or legal representative, and paid directly
by them.
(3) The facility may
assist in the hiring of a special nurse or sitter but may not in any way enter
into the billing, collection, or fee-setting for the special duty nurse or
sitter. If it is determined by the auditing staff that the facility received
monetary benefits from an arrangement for special duty nurses or sitters, a
financial exception will be made and the facility will be asked to reimburse
the resident or the responsible party who paid the special duty nurses or
sitters. If the resident or family hires an individual to do the special duty
nursing, who was already on the facility's staff and a replacement for this
person was not hired, the facility will be determined to have received a
monetary benefit. See § 554.2606 of Title 40 (relating to Supplementation
of Vendor Payments).
Notes
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