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    The Health Facility Program is within the Division for Regulatory Services.


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Rules and Regulations -- Health Facility Program

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This page provides links to adopted rules for the facilities regulated by the Health Facility Program and other information pertinent information.
Please follow this link for Draft and Proposed Rules

Links to sites outside of DSHS are intended to be informational and do not necessarily imply any official endorsement. Staff associated with the Health Facility Program routinely review the links, but we cannot guarantee the validity of information provided at outside sites.


Current Rules and Regulations

LVN Information

Physician Information

Surgical Technologists Information

Draft/Proposed Rules

Recently Adopted Rules


LVN Information


Physician Information


Surgical Technologists Information


Information for Sexual Assault Patients.

The Information for Sexual Assault Patients document has been revised in both English and Spanish. Please begin using the revised information sheets, effective immediately.  (Posted November 22, 2010)


Recently Adopted Rules

 


Abortion Facilities

 

Abortion Facilities
Abortion Facility Reporting and Licensing - State Regulations 25 TAC §139 PDF Format 198KB

Notice to Medicaid Women’s Health Program Providers

Section 32.0248, Human Resources Code, prohibits the payment of Medicaid Women's Health Program funds to a provider that performs elective abortions. This provision also applies to licensed abortion facilities. A provider that has performed elective abortions (through either surgical or medical methods) for any patient is ineligible to serve Medicaid Women's Health Program clients and cannot be reimbursed for those services. This prohibition has been in effect since September 1, 2005. This prohibition does not prohibit providers from delivering services to other Medicaid clients. The Health and Human Services Commission may recoup Medicaid Women's Health Program funds that it determines were paid to providers that have performed elective abortions.

For more information please call Alex Melis, Medicaid/CHIP Division, Health and Human Services Commission, at (512) 491-1451.


Ambulatory Surgical Centers (ASCs)

 

Ambulatory Surgical Centers (ASCs)
Ambulatory Surgical Centers - State Regulations   PDF File   353KB
Texas Administrative Code (25 TAC §135) for Ambulatory Surgical Centers Chapter 135  
DSHS Position Statement Regarding the Use of Alcohol-Based Surgical Skin Preparations 9/28/2004 PDF File 88KB  
NPI Update (10/2/2006)   PDF File13KB
Medicare/Medicaid State Operations Manual Publication 100-07  
Federal Regulations - Ambulatory Surgical Centers 42 CFR 416  See section 1 to 150 PDF File

 


Birthing Centers

 

Birthing Centers - State Regulations 25 TAC §137 PDF File 140KB

Preamble 17KB

Medicaid Payment to Birthing Centers

Effective September 1, 2010, birthing centers can receive direct payment from Texas Medicaid for birthing center facility services.  To enroll in Texas Medicaid, a birthing center must be licensed to provide a level of service commensurate with the professional services of a doctor of medicine (MD), doctor of osteopathy (DO), or certified nurse-midwife (CNM) who acts as birth attendant. 

Providers can download a Texas Medicaid enrollment application at www.tmhp.com.  For questions regarding provider enrollment, please contact the Texas Medicaid and Healthcare Partnership at 1-800-925-9126.  For any other questions, please e-mail Stacey Johnston at Stacey.johnston@hhsc.state.tx.us.

 


Community Mental Health Centers

 

State Regulations - not applicable  
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07
Federal Regulations - Supplementary Medical Insurance (SMI) Benefits 42 CFR 410


Comprehensive Out-Patient Rehabilitation Facilities

 

State Regulations - not applicable  
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07
Federal Regulations - Conditions of Participation: Specialized Providers 42 CFR 485 See sections 50 to 74

 


End Stage Renal Disease (ESRD) Facilities

 

End Stage Renal Disease State Regulations 25 TAC §117 PDF File 277KB
Informational & educational material concerning vaccinations against influenza virus and pneumococcal disease Click to link  
Position Statement Regarding Minimum Staffing in ESRD Facilities PDF File 87KB
NPI Update (10/2/2006) PDF File 13KB
Federal Regulations - Federal Health Insurance for the Aged and Disabled 42 CFR 405
See sections 2100 to 2184
 
Federal Guidance to Laws and Regulations

 


Freestanding Emergency Medical Care Facilities

 

 
 Freestanding Emergency Medical Care Facilities  25 TAC §131  PDF File    688KB
Information for Sexual Assault Patients
Information Sheet for Patients --  This brochure contains information for patients presenting with psychiatric symptoms in Emergency Departments, regarding their rights, relevant laws and processes.   (pdf 30KB)

A Guide for Laboratories Performing CLIA Non-waived Testing in Free-Standing Emergency Care Facilities   (pdf 471KB)


Hospitals- General

 

Hospital Licensing State Regulations 25 TAC §133 PDF file 914KB
Helfpful Tools Preamble
87KB
Final Fact
Sheet

32KB
THA Comments
82KB
Revision
134KB






 

List A, Procedures Requiring Full Disclosure of Specific Risks and Hazards 25 TAC §601  
List B, Procedures Requiring No Disclosure of Specific Risks and Hazards 25 TAC §601  
Information for Sexual Assault Patients Click here to link
Informational Material Concerning Vaccinations Against Influenza Virus and Pneumococcal Diseases Click here to link
DSHS Position Statement Regarding the Use of Alcohol-Based Surgical Skin Preparations 9/28/2004 PDF File 88KB
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07  
Medicare/Medicaid State Operations Manual - Survey Protocol, Regs and Interpretive Guidelines Appendix A  
Federal Regulations - Conditions of Participation for Hospitals 42 CFR 482  
Federal Regulations - Prospective Payment System (PPS) 42 CFR 412  
Federal Regulations - Special Responsibilities in Emergency Cases 42 CFR 489 See sections 20 & 24  
Federal Regulations - Critical Access Hospital Conditions of Coverage 42 CFR 485 See section 608  
Federal Regulations - Swing Bed 42 CFR 482 See section 66  

 


Hospitals- Psychiatric & Crisis Stabilization Units

 

Private Psychiatric Hospitals and CSUs State Regulations 25 TAC §134            PDF File (364KB)

Information for Sexual Assault Patients Click here to link

Informational Material Concerning Vaccinations Against Influenza Virus
and Pneumococcal Diseases Click here to link
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07
Medicare/Medicaid State Operations Manual - Interpretive Guidelines, Regs and Survey Procedures Appendix A and AA
Federal Regulations - Conditions of Participation for Hospitals 42 CFR 482
Federal Regulations - Prospective Payment System (PPS) 42 CFR 412

Federal Regulations - Special Responsibilities in Emergency Cases

42 CFR 489 See sections 20 & 24

Federal Regulations - Critical Access Hospital Conditions of Coverage 42 CFR 485 See section 608
Federal Regulations - Swing Bed 42 CFR 482 See section 66

 


Hospitals- Special

 

Hospital Licensing State Regulations 25 TAC §133 PDF file 419KB
Helfpful Tools  

Preamble
87KB

Final Fact
Sheet

32KB

THA Comments
82KB

Revision 134KB

Information for Sexual Assault Patients Click here to link
Informational Material Concerning Vaccinations Against Influenza Virus and Pneumococcal Diseases Click here to link
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07  
Medicare/Medicaid State Operations Manual - Survey Protocol, Regs and Interpretive Guidelines Appendix A  
Federal Regulations - Conditions of Participation for Hospitals 42 CFR 482  
Federal Regulations - Prospective Payment System (PPS) 42 CFR 412  
Federal Regulations - Special Responsibilities in Emergency Cases 42 CFR 489 See section 20 & 24  
Federal Regulations - Critical Access Hospital Conditions of Coverage 42 CFR 485 See section 608  
Federal Regulations - Swing Bed 42 CFR 482 See section 66  

 


Narcotic Treatment Clinics (NTC)

 

Minimum Standards for Narcotic Treatment Programs 25 TAC, Section 229.141 - 229,153
Assessment of Administrative Penalties 25 TAC, Section 229.261

Certification of Opioid Treatment Programs

Includes links to the following Sections:
Accreditation
Certification and Treatment Standards
Suspension or Revocation
Federal Opioid Treatment Standards

42 CFR (Code of Federal Regulations) Part 8
Please refer to Table of Contents on this page for all specific Parts
Adopted Narcotic Treatment Program Rules Memo
Confidentiality of Alcohol and Drug Abuse Patient Records 42 CFR Part 2
Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances 21 CFR Part 1301
Records and Reports of Registrants 21 CFR Part 1304
United States Department of Health and Human Services HIPAA Summary
HIPAA Rules and General Information

 


Out-Patient Physical Therapy or Speech Pathology Services

 

State Regulations - not applicable
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07
Federal Regulations - Conditions of Participation: Specialized Providers 42 CFR 485 See section 701 to 729

 


Portable X-Ray Services

 

State Regulations - not applicable
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07
Federal Regulations - Conditions for Coverage of Specialized Services Furnished by Providers 42 CFR 486 See sections 100 to 110


Rural Health Clinics

 

State Regulations - not applicable
NPI Update (10/2/2006) PDF File 13KB
Medicare/Medicaid State Operations Manual Publication 100-07
Federal Regulations - Certification of Certain Health Facilities 42 CFR 491 See sections 1 to 11

 


Special Care Facilities

 

Special Care Facilities
Special Care Facilities State Regulations 25 TAC §125 PDF File   371KB

 


Substance Abuse Treatment Facilities

 

General Provision State Regulations 25 TAC §441 PDF File   80KB
Standard of Care State Regulations 25 TAC §448 Word File   311KB PDF File   193KB

 


Texas Medical Disclosure Panel

 

List A, Procedures Requiring Full Disclosure of Specific Risks and Hazards 25 TAC §601  
List B, Procedures Requiring No Disclosure of Specific Risks and Hazards 25 TAC §601  
Disclosure and Consent - Medical and Surgical Procedures - English Word File PDF File
Disclosure and Consent - Medical and Surgical Procedures - Spanish Word File PDF File
Disclosure and Consent - Radiation Therapy - English Word File PDF File
Disclosure and Consent - Radiation Therapy - Spanish Word File PDF File
Disclosure and Consent - Hysterectomy - English Word File PDF File
Disclosure and Consent - Hysterectomy - Spanish Word File PDF File
Disclosure and Consent – Anesthesia and/or Perioperative Pain Management (Analgesia) Word FIle PDF File

 

 

 

 

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Last updated January 03, 2012