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


    Renew Online

    Online Renewals and FAQs 

    External links to other sites are intended to be informational and do not have the endorsement of the Texas Department of State Health Services. These sites may not be accessible to people with disabilities.


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

Draft/Proposed Rules

Recently Adopted Rules

 

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  • Recently Adopted Rules

    • Abortion Facility Reporting and Licensing Rules, Chapter 139 – Abortion Complications Reporting

    • HOSPITAL LICENSING RULES, CHAPTER 133 – AMENDED NOVEMBER 11, 2012. Amendments to the Hospital Licensing Rules include:

      • Requirement to use "person first respectful language" when referring to individuals with disabilities in agency rules, reference materials, publications, and electronic media.
      • Requirement for all hospitals that provide obstetrical services to perform, either directly or through a transfer agreement, audiological screenings on all newborns or infants born at the facility for identification of hearing loss prior to discharge.
      • Requirement for hospitals that provide obstetrical services to collaborate with their physicians to develop quality initiatives to reduce the number of elective or nonmedically indicated induced deliveries or cesarean sections performed at the hospital on a woman before the 39th week of gestation.
      • Requirement to provide written notice to a patient, on the date the patient is treated or as soon as reasonably practicable following emergency treatment, that the hospital may authorize disposal of medical records relating to the patient on or after the time periods specified in Texas Health and Safety Code §241.103(a) and (b). 

    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

    Licensed Midwives Eligible to Enroll in Texas Medicaid Effective January 1, 2013

    Beginning January 1, 2013, licensed midwife (LM) providers can enroll in Texas Medicaid. The online Provider Enrollment on the Portal (PEP) and the paper Texas Medicaid Provider Enrollment Application have been updated to allow for the enrollment of LMs.

    Updated applications will be available on this website beginning December 17, 2012: http://www.tmhp.com/Pages/ProviderEnrollment/PE_TX_Medicaid_New.aspx.

    The updated paper Texas Medicaid Provider Enrollment Application will be version XXII. A checkbox for the LM provider type and the Physician’s Letter of Agreement form, which will be required for LMs and certified nurse midwives, will also be added to this version of the paper application.  For more information or for assistance with completing the application, call the TMHP Contact Center at 1-800-925-9126.

     


    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)

    Guidance Regarding the Location of Dressing Rooms near the Diagnostic Radiographic (X-ray) Room in a Freestanding Emergency Medical Care (FEMC) Facility


    Hospitals- General

     

    Hospital Licensing State Regulations 25 TAC §133 PDF file 1060KB
    Hospital Compliance with House Bill 1376- Clarification 4/2/14 PDF file 152KB  
    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
    Preadmission Screening and Resident Review (PASRR) Redesign – Implementation May 24, 2013
    Additional Information to Preadmission Screening and Resident Review (PASRR) Redesign  (REVISED 7/24/13)

    PASRR Letter to Facilities

    PASRR UPDATE 7/17/13

    PASRR Resources Brochure

    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

    Preadmission Screening and Resident Review (PASRR) Redesign – Implementation May 24, 2013
    Additional Information to Preadmission Screening and Resident Review (PASRR) Redesign  (REVISED 7/24/13)

    PASRR Letter to Facilities

    PASRR Resources Brochure

    PASRR UPDATE 7/17/13

    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 1060KB
    Hospital Compliance with House Bill 1376- Clarification 4/2/14 PDF file 152KB  
    Helfpful Tools  

    Preamble
    87KB

    Final Fact
    Sheet

    32KB

    THA Comments
    82KB

    Revision 134KB

    Information for Sexual Assault Patients Click here to link

    Preadmission Screening and Resident Review (PASRR) Redesign – Implementation May 24, 2013
    Additional Information to Preadmission Screening and Resident Review (PASRR) Redesign  (REVISED 7/24/13)

    PASRR Letter to Facilities

    PASRR UPDATE 7/17/13

    PASRR Resources Brochure

    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
    Guidance Regarding Co-location of Facilities and/or Other Programs/Services PDF file

    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 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
    Guidance Regarding Co-location of Facilities and/or Other Programs/Services PDF File    

     


    Texas Medical Disclosure Panel

     

    List A, Procedures Requiring Full Disclosure of Specific Risks and Hazards 25 TAC §601 PDF File
    List B, Procedures Requiring No Disclosure of Specific Risks and Hazards 25 TAC §601 PDF File
    List A and B – Spanish Translation Word File PDF File
    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
    Disclosure and Consent – Anesthesia and/or Perioperative Pain Management (Analgesia) – Spanish Word File    PDF File

     

     

     

     

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    Last updated April 14, 2014