Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 354 - MEDICAID HEALTH SERVICES
Subchapter A - PURCHASED HEALTH SERVICES
Division 6 - HOSPITAL SERVICES
Section 354.1077 - Provider Participation Requirements
Universal Citation: 1 TX Admin Code ยง 354.1077
Current through Reg. 49, No. 38; September 20, 2024
(a) A hospital must comply with each of the following requirements to qualify for participation as a hospital in the Texas Medical Assistance (Medicaid) Program. A hospital must:
(1) be licensed by the Department of State
Health Services (department) as a general or special hospital, unless exempt
from licensure by the appropriate licensing authority. This requirement does
not apply to military hospitals providing inpatient emergency hospital
services;
(2) be enrolled and
participating in the Medicare Program as a hospital;
(3) sign a written provider agreement with
the department or its designee to participate in the Medicaid program. The
provider agreement requires the hospital to comply with the terms of the
agreement and all requirements of the Medicaid program, including regulations,
rules, handbooks, standards, and guidelines published by the department or its
designee; and
(4) comply with the
utilization review plan approved by the department or its designee.
(b) Effective December 1, 1991, the hospital must maintain policies and procedures regarding the following policies with respect to all adult individuals receiving inpatient services provided by the hospital:
(1) provide all
adult individuals the following information regarding advance directives at the
time of the individual's admission as an inpatient:
(A) the individual's rights under Texas law,
whether statutory or as recognized by the courts of the state, to make
decisions concerning medical care, including the right to accept or refuse
medical or surgical treatment and the right to formulate advance directives
(directive to physicians/living will or durable power of attorney for health
care); and
(B) the hospital's
policies respecting the implementation of such rights;
(2) document in the individual's medical
record whether or not the individual has executed an advance
directive;
(3) not condition the
provision of care or otherwise discriminate against an individual based on
whether or not the individual has executed an advance directive;
(4) ensure compliance with the requirements
of Texas law, whether statutory or as recognized by the courts of Texas,
respecting advance directives at facilities of the provider or organization;
and
(5) provide for education for
staff and the community on issues concerning advance directives.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
