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HHSC Long-term Care (LTC) Regulation has published Provider Letter 2023-05 (Replaces PL 21-29) - End of Temporary Waivers of Certain LTCR Requirements During COVID-19 Public Health Emergency (PDF).
The provider letter describes the waivers that are ending, the waivers still in place, and the waivers previously ended. Read PL 2023-05 for the details.
Waivers Ending April 5, 2023:
- Provisions prohibiting a nursing facility from hiring someone to complete nurse aide tasks who is not a certified nurse aide (CNA) for longer than four months. This waiver will end on April 5, 2023.
Read Provider Letter 2021-19 for more information.
Waivers Ending May 1, 2023:
- Requirements related to application submission and processing timeframes for CNAs and medication aides. This waiver allowed flexibility on extending certificates and permits while a late application is being processed and permitted a nurse aide to work with an expired certification and a medication aide to work with an expired permit until HHSC required renewal.
- Requirements related to clinical and skills training in a nursing facility and the requirement of classroom training to be in person for CNAs and medication aides.
- Beginning May 1, 2023, a Nurse Aide Training & Competency Evaluation Program (NATCEP) can only offer clinical training in a laboratory setting if there is not an appropriate and qualified clinical site located within 20 miles of the location of the NATCEP. A NATCEP must request the ability to complete clinical training hours in a laboratory setting under these circumstances.
Waivers Still in Effect:
- HHSC will still allow a Home and Community-based Services (HCS) four-person residence to add up to two additional individuals temporarily if the residence has the space to accommodate them and has been approved as a four-person residence by HHSC.
- Waiver of the requirement for HCS providers to ensure at least one complete staff shift change per day for individuals receiving residential support.
- Waiver of the requirement for day habilitation to be provided in accordance with the individual's person-directed plan, individual plan of care, implementation plan, and Appendix C of the HCS Program waiver application.
Read PL 2023-05 for the details.
Email questions to LTCRpolicy@HHS.texas.gov.
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