State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-255-quality-assurance-early-warning-system-for-long-term-care-facilities-rapid-response-team

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 255. QUALITY ASSURANCE EARLY WARNING SYSTEM FOR LONG-TERM

CARE FACILITIES; RAPID RESPONSE TEAMS

Sec. 255.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Aging and Disability

Services.

(2) "Long-term care facility" means a nursing institution, an

assisted living facility, or an intermediate care facility for

the mentally retarded licensed under Chapter 242, 247, or 252, or

certified under Chapter 32, Human Resources Code.

(3) "Quality-of-care monitor" means a registered nurse,

pharmacist, or nutritionist who:

(A) is employed by the department;

(B) is trained and experienced in long-term care facility

regulation, standards of practice in long-term care, and

evaluation of patient care; and

(C) functions independently of other divisions of the

department.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

837, Sec. 1, eff. September 1, 2005.

Sec. 255.002. EARLY WARNING SYSTEM. The department shall

establish an early warning system to detect conditions that could

be detrimental to the health, safety, and welfare of residents.

The early warning system shall include analysis of financial and

quality-of-care indicators that would predict the need for the

department to take action.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Sec. 255.003. QUALITY-OF-CARE MONITORS. (a) The department

shall establish regional offices with one or more quality-of-care

monitors, based on the number of long-term care facilities in the

region, to monitor the facilities in the region on a regular,

aperiodic basis, including nights, evenings, weekends, and

holidays. A monitoring visit conducted under this chapter may be

announced or unannounced.

(b) Priority for monitoring visits shall be given to long-term

care facilities with a history of patient care deficiencies.

(c) Quality-of-care monitors may not be deployed by the

department as a part of the regional survey team in the conduct

of routine, scheduled surveys.

(d) A quality-of-care monitor may not interfere with, impede, or

otherwise adversely affect the performance of the duties of a

surveyor, inspector, or investigator of the department.

(e) Quality-of-care monitors shall assess:

(1) the overall quality of life in the long-term care facility;

and

(2) specific conditions in the facility directly related to

patient care.

(f) The quality-of-care monitor shall include in a monitoring

visit:

(1) observation of the care and services rendered to residents;

and

(2) formal and informal interviews with residents, family

members, facility staff, resident guests, volunteers, other

regulatory staff, and representatives of a human rights advocacy

committee.

(g) The identity of a resident or a family member of a resident

interviewed by a quality-of-care monitor as provided by

Subsection (f)(2) shall remain confidential and may not be

disclosed to any person under any other provision of this

section.

(h) The findings of a monitoring visit, both positive and

negative, shall be provided orally and in writing to the

long-term care facility administrator or, in the absence of the

facility administrator, to the administrator on duty or the

director of nursing.

(i) The quality-of-care monitor may recommend to the long-term

care facility administrator procedural and policy changes and

staff training to improve the care or quality of life of facility

residents.

(j) Conditions observed by the quality-of-care monitor that

create an immediate threat to the health or safety of a resident

shall be reported immediately to the regional office supervisor

for appropriate action and, as appropriate or as required by law,

to law enforcement, adult protective services, other divisions of

the department, or other responsible agencies.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

837, Sec. 2, eff. September 1, 2005.

Sec. 255.004. RAPID RESPONSE TEAMS. (a) The department shall

create rapid response teams composed of health care experts that

can visit long-term care facilities identified through the

department's early warning system.

(b) Rapid response teams may visit long-term care facilities

that request the department's assistance. A visit under this

subsection may not occur before the 60th day after the date of an

exit interview following an annual or follow-up survey or

inspection.

(c) The rapid response teams may not be deployed for the purpose

of helping a long-term care facility prepare for a regular

inspection or survey conducted under Chapter 242, 247, or 252 or

in accordance with Chapter 32, Human Resources Code.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Sec. 255.005. REPORT. The department shall assess and evaluate

the effectiveness of the quality assurance early warning system

and shall report its findings annually to the governor, the

lieutenant governor, and the speaker of the house of

representatives.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-255-quality-assurance-early-warning-system-for-long-term-care-facilities-rapid-response-team

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 255. QUALITY ASSURANCE EARLY WARNING SYSTEM FOR LONG-TERM

CARE FACILITIES; RAPID RESPONSE TEAMS

Sec. 255.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Aging and Disability

Services.

(2) "Long-term care facility" means a nursing institution, an

assisted living facility, or an intermediate care facility for

the mentally retarded licensed under Chapter 242, 247, or 252, or

certified under Chapter 32, Human Resources Code.

(3) "Quality-of-care monitor" means a registered nurse,

pharmacist, or nutritionist who:

(A) is employed by the department;

(B) is trained and experienced in long-term care facility

regulation, standards of practice in long-term care, and

evaluation of patient care; and

(C) functions independently of other divisions of the

department.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

837, Sec. 1, eff. September 1, 2005.

Sec. 255.002. EARLY WARNING SYSTEM. The department shall

establish an early warning system to detect conditions that could

be detrimental to the health, safety, and welfare of residents.

The early warning system shall include analysis of financial and

quality-of-care indicators that would predict the need for the

department to take action.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Sec. 255.003. QUALITY-OF-CARE MONITORS. (a) The department

shall establish regional offices with one or more quality-of-care

monitors, based on the number of long-term care facilities in the

region, to monitor the facilities in the region on a regular,

aperiodic basis, including nights, evenings, weekends, and

holidays. A monitoring visit conducted under this chapter may be

announced or unannounced.

(b) Priority for monitoring visits shall be given to long-term

care facilities with a history of patient care deficiencies.

(c) Quality-of-care monitors may not be deployed by the

department as a part of the regional survey team in the conduct

of routine, scheduled surveys.

(d) A quality-of-care monitor may not interfere with, impede, or

otherwise adversely affect the performance of the duties of a

surveyor, inspector, or investigator of the department.

(e) Quality-of-care monitors shall assess:

(1) the overall quality of life in the long-term care facility;

and

(2) specific conditions in the facility directly related to

patient care.

(f) The quality-of-care monitor shall include in a monitoring

visit:

(1) observation of the care and services rendered to residents;

and

(2) formal and informal interviews with residents, family

members, facility staff, resident guests, volunteers, other

regulatory staff, and representatives of a human rights advocacy

committee.

(g) The identity of a resident or a family member of a resident

interviewed by a quality-of-care monitor as provided by

Subsection (f)(2) shall remain confidential and may not be

disclosed to any person under any other provision of this

section.

(h) The findings of a monitoring visit, both positive and

negative, shall be provided orally and in writing to the

long-term care facility administrator or, in the absence of the

facility administrator, to the administrator on duty or the

director of nursing.

(i) The quality-of-care monitor may recommend to the long-term

care facility administrator procedural and policy changes and

staff training to improve the care or quality of life of facility

residents.

(j) Conditions observed by the quality-of-care monitor that

create an immediate threat to the health or safety of a resident

shall be reported immediately to the regional office supervisor

for appropriate action and, as appropriate or as required by law,

to law enforcement, adult protective services, other divisions of

the department, or other responsible agencies.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

837, Sec. 2, eff. September 1, 2005.

Sec. 255.004. RAPID RESPONSE TEAMS. (a) The department shall

create rapid response teams composed of health care experts that

can visit long-term care facilities identified through the

department's early warning system.

(b) Rapid response teams may visit long-term care facilities

that request the department's assistance. A visit under this

subsection may not occur before the 60th day after the date of an

exit interview following an annual or follow-up survey or

inspection.

(c) The rapid response teams may not be deployed for the purpose

of helping a long-term care facility prepare for a regular

inspection or survey conducted under Chapter 242, 247, or 252 or

in accordance with Chapter 32, Human Resources Code.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Sec. 255.005. REPORT. The department shall assess and evaluate

the effectiveness of the quality assurance early warning system

and shall report its findings annually to the governor, the

lieutenant governor, and the speaker of the house of

representatives.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-255-quality-assurance-early-warning-system-for-long-term-care-facilities-rapid-response-team

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 255. QUALITY ASSURANCE EARLY WARNING SYSTEM FOR LONG-TERM

CARE FACILITIES; RAPID RESPONSE TEAMS

Sec. 255.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Aging and Disability

Services.

(2) "Long-term care facility" means a nursing institution, an

assisted living facility, or an intermediate care facility for

the mentally retarded licensed under Chapter 242, 247, or 252, or

certified under Chapter 32, Human Resources Code.

(3) "Quality-of-care monitor" means a registered nurse,

pharmacist, or nutritionist who:

(A) is employed by the department;

(B) is trained and experienced in long-term care facility

regulation, standards of practice in long-term care, and

evaluation of patient care; and

(C) functions independently of other divisions of the

department.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

837, Sec. 1, eff. September 1, 2005.

Sec. 255.002. EARLY WARNING SYSTEM. The department shall

establish an early warning system to detect conditions that could

be detrimental to the health, safety, and welfare of residents.

The early warning system shall include analysis of financial and

quality-of-care indicators that would predict the need for the

department to take action.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Sec. 255.003. QUALITY-OF-CARE MONITORS. (a) The department

shall establish regional offices with one or more quality-of-care

monitors, based on the number of long-term care facilities in the

region, to monitor the facilities in the region on a regular,

aperiodic basis, including nights, evenings, weekends, and

holidays. A monitoring visit conducted under this chapter may be

announced or unannounced.

(b) Priority for monitoring visits shall be given to long-term

care facilities with a history of patient care deficiencies.

(c) Quality-of-care monitors may not be deployed by the

department as a part of the regional survey team in the conduct

of routine, scheduled surveys.

(d) A quality-of-care monitor may not interfere with, impede, or

otherwise adversely affect the performance of the duties of a

surveyor, inspector, or investigator of the department.

(e) Quality-of-care monitors shall assess:

(1) the overall quality of life in the long-term care facility;

and

(2) specific conditions in the facility directly related to

patient care.

(f) The quality-of-care monitor shall include in a monitoring

visit:

(1) observation of the care and services rendered to residents;

and

(2) formal and informal interviews with residents, family

members, facility staff, resident guests, volunteers, other

regulatory staff, and representatives of a human rights advocacy

committee.

(g) The identity of a resident or a family member of a resident

interviewed by a quality-of-care monitor as provided by

Subsection (f)(2) shall remain confidential and may not be

disclosed to any person under any other provision of this

section.

(h) The findings of a monitoring visit, both positive and

negative, shall be provided orally and in writing to the

long-term care facility administrator or, in the absence of the

facility administrator, to the administrator on duty or the

director of nursing.

(i) The quality-of-care monitor may recommend to the long-term

care facility administrator procedural and policy changes and

staff training to improve the care or quality of life of facility

residents.

(j) Conditions observed by the quality-of-care monitor that

create an immediate threat to the health or safety of a resident

shall be reported immediately to the regional office supervisor

for appropriate action and, as appropriate or as required by law,

to law enforcement, adult protective services, other divisions of

the department, or other responsible agencies.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

837, Sec. 2, eff. September 1, 2005.

Sec. 255.004. RAPID RESPONSE TEAMS. (a) The department shall

create rapid response teams composed of health care experts that

can visit long-term care facilities identified through the

department's early warning system.

(b) Rapid response teams may visit long-term care facilities

that request the department's assistance. A visit under this

subsection may not occur before the 60th day after the date of an

exit interview following an annual or follow-up survey or

inspection.

(c) The rapid response teams may not be deployed for the purpose

of helping a long-term care facility prepare for a regular

inspection or survey conducted under Chapter 242, 247, or 252 or

in accordance with Chapter 32, Human Resources Code.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.

Sec. 255.005. REPORT. The department shall assess and evaluate

the effectiveness of the quality assurance early warning system

and shall report its findings annually to the governor, the

lieutenant governor, and the speaker of the house of

representatives.

Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,

2001.


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