40 Tex. Admin. Code § 176.5 - Appointment of Operator
(a) The Board will
appoint an operator who will be responsible for maintenance and operation of a
veterans home or homes built under the provisions of this chapter. An operator
may be an individual, partnership, corporation or other business entity, as
well as a state or federal agency.
(b) The Board will set qualifications,
requirements, terms and conditions, and all contract specifications to be met
by the operator. No appointment of an operator shall be effective until a
contract has been awarded and duly executed by the Board and the operator. The
functions of the operator will be provided for in their contract. These
functions shall include, but are not limited to, the following:
(1) management and operation of the Texas
state veterans home(s) in compliance with all applicable federal, state and
local laws, rules, regulations, standards and policies.
(2) to develop, implement, and maintain
policies and procedures for all aspects of the management and operation of the
state veterans home(s). All such policies and procedures shall be reviewed and
approved by the Board. All such policies and procedures shall remain the
property of the Board in the event of cancellation or termination of the
contract for any reason.
(3) to
secure and retain all licenses and certifications required to operate the state
veterans home as a skilled nursing care facility with an Alzheimer's/dementia
care unit. Ensure that all personnel employed at the state veterans home(s) are
properly licensed or certified for the work they are performing. Secure and
retain such other licenses and certifications as may be required by the
Veterans Land Board.
(4) be fully
responsible for the management and supervision of the daily operations of the
home, including the development, implementation and operation of all necessary
administrative systems, including, but not limited to, accounting, personnel,
reporting, administrative records, medical records, and purchasing.
(5) providing annual operating statements and
budget estimates to the Board.
(6)
making available at reasonable times and for reasonable periods books, records,
and supporting documents kept current by the operator pertaining to the state
veterans home for purposes of inspecting, monitoring, auditing, or evaluating
by the Board and its representatives, and representatives of TDHS, USDVA, the
state auditor, and the comptroller of public accounts.
(7) to notify the Veterans Land Board,
immediately following notifications required by law, of any abuse or suspected
abuse of a resident, any unexpected or unexplained injury or death of a
resident, or any immediate threat to the health or safety of a
resident.
(c) The
contract between the operator and the Board shall contain guidelines and
standards for assessing the performance of the operator. The contract will also
describe the circumstances and conditions under which the Board may dismiss the
operator. The operator's performance may be subject to an annual review by the
Board's staff.
Notes
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