TEXAS STATE NURSING HOME
ADMINISTRATOR TEST II EXAM
VERIFIED QUESTIONS &
ANSWERS
Are the reports, records, and working papers used or developed by the Texas Dep
vx vx vx vx vx vx vx vx vx vx vx vx vx
artment of Human Services (DHS) in an abuse, neglect or exploitation investigation
vx vx vx vx vx vx vx vx vx vx vx v
confidential? - ANSWERS-Yes
x vx vx
When may reports, records and working papers developed by TX DHS in an abuse
vx vx vx vx vx vx vx vx vx vx vx vx vx
, neglect or exploitation investigation released to the public? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
(A) Completed written investigation reports are open to the public, provided the rep
vx vx vx vx vx vx vx vx vx vx vx vx
ort is de-identified. The process of de-
vx vx vx vx vx vx
identification means removing all names and other personally identifiable data, inclu
vx vx vx vx vx vx vx vx vx vx
ding any information from witnesses and others furnished to DHS as part of the inv
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
estigation.
(B) If DHS receives written authorization from a facility resident or the resident's leg
vx vx vx vx vx vx vx vx vx vx vx vx vx
al representative regarding an investigation of abuse or neglect involving that resid
vx vx vx vx vx vx vx vx vx vx vx
ent, DHS will release the completed investigation report without removing the resid
vx vx vx vx vx vx vx vx vx vx vx
ent's name. The authorization must be signed and dated within six months of the re
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
quest or state a length of time the authorization is valid; detail the information to be
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx v
xreleased; identify to whom the information can be released; and release DHS from
vx vx vx vx vx vx vx vx vx vx vx vx vx
all liability for complying with the authorization.
vx vx vx vx vx vx
Will the person who reports suspected instances of abuse or neglect be given imm
vx vx vx vx vx vx vx vx vx vx vx vx vx
unity? - ANSWERS- vx vx
Yes; in the absence of bad faith or malicious conduct, they will be immune from civi
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
l or criminal liability which might have otherwise resulted from making the report. Im
vx vx vx vx vx vx vx vx vx vx vx vx vx
munity will extend to participation in any judicial proceeding resulting from the repor
vx vx vx vx vx vx vx vx vx vx vx vx
t.
What is considered privileged communication in a abuse, neglect or exploitation inv
vx vx vx vx vx vx vx vx vx vx vx
estigation? - ANSWERS- vx vx
In a proceeding regarding a report or investigation conducted, evidence will not be
vx vx vx vx vx vx vx vx vx vx vx vx vx
excluded on a claim of privileged communication except in the case of a communic
vx vx vx vx vx vx vx vx vx vx vx vx vx
ation between an attorney and a client.
vx vx vx vx vx vx
Who keeps the central registry of reported cases of abuse and neglect? Where? -
vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-DHS; at the central office in Austin.
vx vx vx vx vx vx vx
What are the procedures for inspection of public records? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
They will be in accordance with the Texas Government Code, Chapter 552.
vx vx vx vx vx vx vx vx vx vx vx
,Who is responsible for the Long-Term Care-Regulatory? - ANSWERS-
vx vx vx vx vx vx vx vx
Texas Department of Human Services (DHS), is responsible for the maintenance a
vx vx vx vx vx vx vx vx vx vx vx
nd release of records on licensed facilities, and other related records.
vx vx vx vx vx vx vx vx vx vx
What is the criteria for an application for the inspection of public records held by D
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
HS? - ANSWERS-(A) the application must be made to Long-Term Care-
vx vx vx vx vx vx vx vx vx vx
Regulatory, Texas Department of Human Services, 701 West 51st Street, Austin, T
vx vx vx vx vx vx vx vx vx vx vx
exas 78751 or P.O. Box 149030, Austin, TX 78714-9030;
vx vx vx vx vx vx vx vx
(B) the requestor must identify himself;
vx vx vx vx vx
(C) the requestor must give reasonable prior notice of the time for inspection and/
vx vx vx vx vx vx vx vx vx vx vx vx vx
or copying of records;
vx vx vx
(D) the requestor must specify the records requested;
vx vx vx vx vx vx vx
(E) on written applications, if DHS is unable to ascertain the records being requeste
vx vx vx vx vx vx vx vx vx vx vx vx vx
d, DHS may return the written application to the requestor for clarification; and
vx vx vx vx vx vx vx vx vx vx vx vx
(F) DHS will provide the requested records as soon as possible; however, if the rec
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
ords are in active use, or in storage, or time is needed for proper de-
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
identification or preparation of the records for inspection, DHS will so advise the re
vx vx vx vx vx vx vx vx vx vx vx vx vx
questor and set an hour and date within a reasonable time when the records will b
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
e available.
vx
What are the parameters for DHS public records inspection? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
Original records may be inspected or copied, but in no instance will original records
vx vx vx vx vx vx vx vx vx vx vx vx vx
be removed from DHS offices.
vx vx vx vx vx
Which records maintained by the Long-Term Care-
vx vx vx vx vx vx
Regulatory are not open to the public? - ANSWERS- vx vx vx vx vx vx vx vx
(A) incomplete reports, audits, evaluations, and investigations made of, for, or by D
vx vx vx vx vx vx vx vx vx vx vx vx
HS are confidential;
vx vx
(B) all reports, records, and working papers used or developed by DHS in an invest
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
igation of reports of abuse and neglect are confidential, and may be released to the
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
public as provided in §19.2010(a);
vx vx vx vx vx
(C) all names and related personal, medical, or other identifying information about
vx vx vx vx vx vx vx vx vx vx vx vx
a resident are confidential;
vx vx vx
(D) information about any identifiable person which is defamatory or an invasion of
vx vx vx vx vx vx vx vx vx vx vx vx vx
privacy is confidential; vx vx
(E) information identifying complainants or informants is confidential;
vx vx vx vx vx vx vx
(F) itineraries of surveys and inspections are confidential;
vx vx vx vx vx vx vx
(G) other information that is excepted from release by the Government Code, Chap
vx vx vx vx vx vx vx vx vx vx vx vx
ter 552, is not available to the public; and
vx vx vx vx vx vx vx vx
(H) to implement this subsection, DHS may not alter or de-
vx vx vx vx vx vx vx vx vx vx
identify original records. Instead, DHS will make available for public review or relea
vx vx vx vx vx vx vx vx vx vx vx vx
se only a properly de-identified copy of the original record.
vx vx vx vx vx vx vx vx vx
Will there be a charge for records kept in the Long-Term Care-Regulatory office? -
vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-
vx
If the requestor wants to inspect records, the requestor will specify the records to b
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
e inspected. DHS will make no charge for this service, unless the director of Long-
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Term Care-
vx vx
Regulatory determines a charge is appropriate based on the nature of the request.
vx vx vx vx vx vx vx vx vx vx vx vx
,What is the process for obtaining copies of records held in the Long-
vx vx vx vx vx vx vx vx vx vx vx vx
Term Care Regulatory office? - ANSWERS-
vx vx vx vx vx
If the requestor wants copies of a record, the requestor will specify in writing the re
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
cords to be copied on an appropriate DHS form, and DHS will complete the form b
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
y specifying the charge for the records, which the requestor must pay in advance.
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
Checks and other instruments of payment must be made payable to the Texas Dep
vx vx vx vx vx vx vx vx vx vx vx vx vx
artment of Human Services. vx vx vx
What is the cost of the copies of records from the Long-
vx vx vx vx vx vx vx vx vx vx vx
Term Care Regulatory office? - ANSWERS-Any expenses for standard-
vx vx vx vx vx vx vx vx
size copies incurred in the reproduction, preparation, or retrieval of records must be
vx vx vx vx vx vx vx vx vx vx vx vx
borne by the requestor on a cost basis in accordance with costs established by th
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
e State Purchasing and Texas Building and Procurement Commission or DHS for o
vx vx vx vx vx vx vx vx vx vx vx vx
ffice machine copies.
vx vx
What is the cost to have documents from the Long-
vx vx vx vx vx vx vx vx vx
Term Care Regulatory office mailed? - ANSWERS-
vx vx vx vx vx vx
For documents that are mailed, DHS will charge for the postage at the time it charg
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
es for the production. All applicable sales taxes will be added to the cost of copying
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
records.
vx
What if records are needed from more than one long-term care facility? -
vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-Each facility will be considered a separate request.
vx vx vx vx vx vx vx vx
What is the role of The Texas Department of Human Services (DHS) in the Long-
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
Term Care industry? - ANSWERS-
vx vx vx vx
They are the state licensing agency and the survey and certification agency for the
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
Medicaid program, and may impose concurrently licensing remedies and Medicaid r
vx vx vx vx vx vx vx vx vx vx
emedies on Medicaid-certified facilities.vx vx vx
What happens if Texas Department of Human Services (DHS) personnel determine
vx vx vx vx vx vx vx vx vx vx
that a facility is out of compliance with licensure rules to a degree that places the f
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
acility at risk of the imposition of licensing actions? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
DHS may send a warning letter to the facility. The warning letter notifies the facility
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
that the violations of licensing rules must be corrected.
vx vx vx vx vx vx vx vx
When may the Texas Department of Human Services (DHS) suspend a facility's lic
vx vx vx vx vx vx vx vx vx vx vx vx
ense? - ANSWERS- vx vx
(A) When the license holder, or any other person described in §19.201(e), has viola
vx vx vx vx vx vx vx vx vx vx vx vx vx
ted the requirements in either a repeated or substantial manner; or committed any
vx vx vx vx vx vx vx vx vx vx vx vx vx
act described in §19.2112(a)(2)-(6).
vx vx vx
(B) Suspension of a license may occur simultaneously with any other enforcement
vx vx vx vx vx vx vx vx vx vx vx vx
provision available to DHS. vx vx vx
How will the facility be notified of DHS's intention to suspend their license? -
vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-By certified mail.
vx vx vx
What will be contained in the notification of intent to suspend a license? -
vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-The facts or conduct alleged to warrant the suspension.
vx vx vx vx vx vx vx vx vx
, Can a facility appeal a proposed license suspension? - ANSWERS-
vx vx vx vx vx vx vx vx vx
The facility has an opportunity to show compliance with all requirements of law for t
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
he retention of the license, as provided in §19.215, Informal Reconsideration. If the
vx vx vx vx vx vx vx vx vx vx vx vx vx
facility requests an informal reconsideration, DHS will give the license holder a writt
vx vx vx vx vx vx vx vx vx vx vx vx
en affirmation or reversal of the proposed action.
vx vx vx vx vx vx vx
How long from the time of the notice of suspension of license is received by the fac
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
ility do they have to request a hearing? - ANSWERS-
vx vx vx vx vx vx vx vx vx
The facility has 15 days from receipt of the certified mail notice to request a hearin
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
g in accordance with Chapter 79, Subchapter Q.
vx vx vx vx vx vx vx
After notification of the intent to suspend a facility's license, when does the suspen
vx vx vx vx vx vx vx vx vx vx vx vx vx
sion go into effect? - ANSWERS-
vx vx vx vx vx
The suspension is effective when the deadline for appeal of the suspension passes
vx vx vx vx vx vx vx vx vx vx vx vx
, unless the facility appeals the suspension. If the facility appeals the suspension, t
vx vx vx vx vx vx vx vx vx vx vx vx vx
he status of the license holder is preserved until final disposition of the contested m
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
atter.
How long will a facility's license be suspended? What will happen next? -
vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-
vx
Until DHS determines that the reason for suspension no longer exists. DHS will con
vx vx vx vx vx vx vx vx vx vx vx vx vx
duct an on- vx vx
site investigation before making a determination. During the suspension, the license
vx vx vx vx vx vx vx vx vx vx
holder must return the license to DHS.
vx vx vx vx vx vx vx
When would a facility's license be revoke? - ANSWERS-
vx vx vx vx vx vx vx vx
When the license holder, or any other person described in §19.201(f), has:
vx vx vx vx vx vx vx vx vx vx vx
(A) violated the requirements of the Health and Safety Code, Chapter 242, or the r
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
ules adopted under that chapter, in either a repeated or substantial manner;
vx vx vx vx vx vx vx vx vx vx vx
(B) committed any act described in §19.2112(a)(2)-(6); or
vx vx vx vx vx vx vx
(3) failed to notify DADS of a significant adverse change in financial condition, as r
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
equired under §19.1925(b). vx vx
Revocation of a license may occur simultaneously with any other enforcement provi
vx vx vx vx vx vx vx vx vx vx vx
sion available to DADS.
vx vx vx
How will the license holder be notified of the intent to revoke a license? -
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-By certified mail.
vx vx vx
What will be included in the notice of intent to revoke a facility's license? -
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-
vx
The facts or conduct alleged to warrant the revocation, with a copy being sent to th
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
e facility.
vx
Can the facility appeal a notice of intent to revoke their license? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx vx vx vx
The license holder has an opportunity to show compliance with all requirements of l
vx vx vx vx vx vx vx vx vx vx vx vx vx
aw for the retention of the license as provided in §19.215.
vx vx vx vx vx vx vx vx vx vx
What if the facility wants to have an opportunity to show compliance prior to their li
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
cense being revoked? - ANSWERS-
vx vx vx vx
ADMINISTRATOR TEST II EXAM
VERIFIED QUESTIONS &
ANSWERS
Are the reports, records, and working papers used or developed by the Texas Dep
vx vx vx vx vx vx vx vx vx vx vx vx vx
artment of Human Services (DHS) in an abuse, neglect or exploitation investigation
vx vx vx vx vx vx vx vx vx vx vx v
confidential? - ANSWERS-Yes
x vx vx
When may reports, records and working papers developed by TX DHS in an abuse
vx vx vx vx vx vx vx vx vx vx vx vx vx
, neglect or exploitation investigation released to the public? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
(A) Completed written investigation reports are open to the public, provided the rep
vx vx vx vx vx vx vx vx vx vx vx vx
ort is de-identified. The process of de-
vx vx vx vx vx vx
identification means removing all names and other personally identifiable data, inclu
vx vx vx vx vx vx vx vx vx vx
ding any information from witnesses and others furnished to DHS as part of the inv
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
estigation.
(B) If DHS receives written authorization from a facility resident or the resident's leg
vx vx vx vx vx vx vx vx vx vx vx vx vx
al representative regarding an investigation of abuse or neglect involving that resid
vx vx vx vx vx vx vx vx vx vx vx
ent, DHS will release the completed investigation report without removing the resid
vx vx vx vx vx vx vx vx vx vx vx
ent's name. The authorization must be signed and dated within six months of the re
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
quest or state a length of time the authorization is valid; detail the information to be
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx v
xreleased; identify to whom the information can be released; and release DHS from
vx vx vx vx vx vx vx vx vx vx vx vx vx
all liability for complying with the authorization.
vx vx vx vx vx vx
Will the person who reports suspected instances of abuse or neglect be given imm
vx vx vx vx vx vx vx vx vx vx vx vx vx
unity? - ANSWERS- vx vx
Yes; in the absence of bad faith or malicious conduct, they will be immune from civi
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
l or criminal liability which might have otherwise resulted from making the report. Im
vx vx vx vx vx vx vx vx vx vx vx vx vx
munity will extend to participation in any judicial proceeding resulting from the repor
vx vx vx vx vx vx vx vx vx vx vx vx
t.
What is considered privileged communication in a abuse, neglect or exploitation inv
vx vx vx vx vx vx vx vx vx vx vx
estigation? - ANSWERS- vx vx
In a proceeding regarding a report or investigation conducted, evidence will not be
vx vx vx vx vx vx vx vx vx vx vx vx vx
excluded on a claim of privileged communication except in the case of a communic
vx vx vx vx vx vx vx vx vx vx vx vx vx
ation between an attorney and a client.
vx vx vx vx vx vx
Who keeps the central registry of reported cases of abuse and neglect? Where? -
vx vx vx vx vx vx vx vx vx vx vx vx vx
ANSWERS-DHS; at the central office in Austin.
vx vx vx vx vx vx vx
What are the procedures for inspection of public records? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
They will be in accordance with the Texas Government Code, Chapter 552.
vx vx vx vx vx vx vx vx vx vx vx
,Who is responsible for the Long-Term Care-Regulatory? - ANSWERS-
vx vx vx vx vx vx vx vx
Texas Department of Human Services (DHS), is responsible for the maintenance a
vx vx vx vx vx vx vx vx vx vx vx
nd release of records on licensed facilities, and other related records.
vx vx vx vx vx vx vx vx vx vx
What is the criteria for an application for the inspection of public records held by D
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
HS? - ANSWERS-(A) the application must be made to Long-Term Care-
vx vx vx vx vx vx vx vx vx vx
Regulatory, Texas Department of Human Services, 701 West 51st Street, Austin, T
vx vx vx vx vx vx vx vx vx vx vx
exas 78751 or P.O. Box 149030, Austin, TX 78714-9030;
vx vx vx vx vx vx vx vx
(B) the requestor must identify himself;
vx vx vx vx vx
(C) the requestor must give reasonable prior notice of the time for inspection and/
vx vx vx vx vx vx vx vx vx vx vx vx vx
or copying of records;
vx vx vx
(D) the requestor must specify the records requested;
vx vx vx vx vx vx vx
(E) on written applications, if DHS is unable to ascertain the records being requeste
vx vx vx vx vx vx vx vx vx vx vx vx vx
d, DHS may return the written application to the requestor for clarification; and
vx vx vx vx vx vx vx vx vx vx vx vx
(F) DHS will provide the requested records as soon as possible; however, if the rec
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
ords are in active use, or in storage, or time is needed for proper de-
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
identification or preparation of the records for inspection, DHS will so advise the re
vx vx vx vx vx vx vx vx vx vx vx vx vx
questor and set an hour and date within a reasonable time when the records will b
vx vx vx vx vx vx vx vx vx vx vx vx vx vx vx
e available.
vx
What are the parameters for DHS public records inspection? - ANSWERS-
vx vx vx vx vx vx vx vx vx vx
Original records may be inspected or copied, but in no instance will original records
vx vx vx vx vx vx vx vx vx vx vx vx vx
be removed from DHS offices.
vx vx vx vx vx
Which records maintained by the Long-Term Care-
vx vx vx vx vx vx
Regulatory are not open to the public? - ANSWERS- vx vx vx vx vx vx vx vx
(A) incomplete reports, audits, evaluations, and investigations made of, for, or by D
vx vx vx vx vx vx vx vx vx vx vx vx
HS are confidential;
vx vx
(B) all reports, records, and working papers used or developed by DHS in an invest
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
igation of reports of abuse and neglect are confidential, and may be released to the
vx vx vx vx vx vx vx vx vx vx vx vx vx vx
public as provided in §19.2010(a);
vx vx vx vx vx
(C) all names and related personal, medical, or other identifying information about
vx vx vx vx vx vx vx vx vx vx vx vx
a resident are confidential;
vx vx vx
(D) information about any identifiable person which is defamatory or an invasion of
vx vx vx vx vx vx vx vx vx vx vx vx vx
privacy is confidential; vx vx
(E) information identifying complainants or informants is confidential;
vx vx vx vx vx vx vx
(F) itineraries of surveys and inspections are confidential;
vx vx vx vx vx vx vx
(G) other information that is excepted from release by the Government Code, Chap
vx vx vx vx vx vx vx vx vx vx vx vx
ter 552, is not available to the public; and
vx vx vx vx vx vx vx vx
(H) to implement this subsection, DHS may not alter or de-
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identify original records. Instead, DHS will make available for public review or relea
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se only a properly de-identified copy of the original record.
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Will there be a charge for records kept in the Long-Term Care-Regulatory office? -
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ANSWERS-
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If the requestor wants to inspect records, the requestor will specify the records to b
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e inspected. DHS will make no charge for this service, unless the director of Long-
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Term Care-
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Regulatory determines a charge is appropriate based on the nature of the request.
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,What is the process for obtaining copies of records held in the Long-
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Term Care Regulatory office? - ANSWERS-
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If the requestor wants copies of a record, the requestor will specify in writing the re
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cords to be copied on an appropriate DHS form, and DHS will complete the form b
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y specifying the charge for the records, which the requestor must pay in advance.
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Checks and other instruments of payment must be made payable to the Texas Dep
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artment of Human Services. vx vx vx
What is the cost of the copies of records from the Long-
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Term Care Regulatory office? - ANSWERS-Any expenses for standard-
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size copies incurred in the reproduction, preparation, or retrieval of records must be
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borne by the requestor on a cost basis in accordance with costs established by th
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e State Purchasing and Texas Building and Procurement Commission or DHS for o
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ffice machine copies.
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What is the cost to have documents from the Long-
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Term Care Regulatory office mailed? - ANSWERS-
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For documents that are mailed, DHS will charge for the postage at the time it charg
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es for the production. All applicable sales taxes will be added to the cost of copying
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records.
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What if records are needed from more than one long-term care facility? -
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ANSWERS-Each facility will be considered a separate request.
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What is the role of The Texas Department of Human Services (DHS) in the Long-
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Term Care industry? - ANSWERS-
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They are the state licensing agency and the survey and certification agency for the
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Medicaid program, and may impose concurrently licensing remedies and Medicaid r
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emedies on Medicaid-certified facilities.vx vx vx
What happens if Texas Department of Human Services (DHS) personnel determine
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that a facility is out of compliance with licensure rules to a degree that places the f
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acility at risk of the imposition of licensing actions? - ANSWERS-
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DHS may send a warning letter to the facility. The warning letter notifies the facility
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that the violations of licensing rules must be corrected.
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When may the Texas Department of Human Services (DHS) suspend a facility's lic
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ense? - ANSWERS- vx vx
(A) When the license holder, or any other person described in §19.201(e), has viola
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ted the requirements in either a repeated or substantial manner; or committed any
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act described in §19.2112(a)(2)-(6).
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(B) Suspension of a license may occur simultaneously with any other enforcement
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provision available to DHS. vx vx vx
How will the facility be notified of DHS's intention to suspend their license? -
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ANSWERS-By certified mail.
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What will be contained in the notification of intent to suspend a license? -
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ANSWERS-The facts or conduct alleged to warrant the suspension.
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, Can a facility appeal a proposed license suspension? - ANSWERS-
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The facility has an opportunity to show compliance with all requirements of law for t
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he retention of the license, as provided in §19.215, Informal Reconsideration. If the
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facility requests an informal reconsideration, DHS will give the license holder a writt
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en affirmation or reversal of the proposed action.
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How long from the time of the notice of suspension of license is received by the fac
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ility do they have to request a hearing? - ANSWERS-
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The facility has 15 days from receipt of the certified mail notice to request a hearin
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g in accordance with Chapter 79, Subchapter Q.
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After notification of the intent to suspend a facility's license, when does the suspen
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sion go into effect? - ANSWERS-
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The suspension is effective when the deadline for appeal of the suspension passes
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, unless the facility appeals the suspension. If the facility appeals the suspension, t
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he status of the license holder is preserved until final disposition of the contested m
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atter.
How long will a facility's license be suspended? What will happen next? -
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ANSWERS-
vx
Until DHS determines that the reason for suspension no longer exists. DHS will con
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duct an on- vx vx
site investigation before making a determination. During the suspension, the license
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holder must return the license to DHS.
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When would a facility's license be revoke? - ANSWERS-
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When the license holder, or any other person described in §19.201(f), has:
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(A) violated the requirements of the Health and Safety Code, Chapter 242, or the r
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ules adopted under that chapter, in either a repeated or substantial manner;
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(B) committed any act described in §19.2112(a)(2)-(6); or
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(3) failed to notify DADS of a significant adverse change in financial condition, as r
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equired under §19.1925(b). vx vx
Revocation of a license may occur simultaneously with any other enforcement provi
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sion available to DADS.
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How will the license holder be notified of the intent to revoke a license? -
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ANSWERS-By certified mail.
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What will be included in the notice of intent to revoke a facility's license? -
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ANSWERS-
vx
The facts or conduct alleged to warrant the revocation, with a copy being sent to th
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e facility.
vx
Can the facility appeal a notice of intent to revoke their license? - ANSWERS-
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The license holder has an opportunity to show compliance with all requirements of l
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aw for the retention of the license as provided in §19.215.
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What if the facility wants to have an opportunity to show compliance prior to their li
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cense being revoked? - ANSWERS-
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