DADS Provider Alerts and Bulletins Update

Texas Department of Aging and Disability Services

Website Update Notice

DADS has issued the following Provider Alerts or Bulletins:

Adoption of rules effective 10/30/2011 in 40 Texas Administrative Code, Chapter19, Nursing Facility Requirements for Licensure and Medicaid Certification

The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§19.1001, 19.1002, 19.1510, and 19.1601, concerning nursing services, additional nursing services staffing requirements, emergency medication kits and infection control in Chapter 19, Nursing Facility requirements for Licensure and Medicaid Certification. The amendment to §19.1601, is adopted with changes to the proposed text published in the May 27, 2011, issue of the Texas Register (36 TexReg 3282). The amendments to §§19.1001, 19.1002, and 19.1510, are adopted without changes to the proposed text.

The amendments are adopted to make §19.1001 and §19.1002 consistent with the federal requirements for posting nurse staffing information. Adopted amendments to §19.1601 reorganize the rule, clarify the rule, and update the rule to reflect current guidelines of the Center for Disease Control and Prevention relating to the documentation and screening of employees for certain communicable diseases. The adopted change to §19.1510 updates a reference to Texas Board of Pharmacy rules. Other amendments update the agency name from the Department of Human Services (DHS) to the Department of Aging and Disability Services (DADS) and update section references. The amendments to §19.1601 also changed the rule to make it more consistent with federal requirements, including the requirement to provide information to a resident relating to the benefits and potential side effects of influenza and pneumococcal immunizations provided by the facility.

A change was made to the text of §19.1601 to cross-reference §19.325 concerning infection control with linen.

The adopted rules were published in the October 21, 2011 issue of the Texas Register and can be reviewed at the following link: http://www.sos.state.tx.us/texreg/archive/October212011/adopted/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#228