Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Division 2 - CONDITIONS OF A LICENSE
Section 558.216 - Change in Agency Certification Status

Current through Reg. 49, No. 38; September 20, 2024

(a) An agency must notify HHSC in writing no later than five days after the agency decides to voluntarily withdraw from the Medicare program. If an agency's voluntary withdrawal from the Medicare program is based on the permanent closure of the agency, the agency must also comply with §558.217 of this division (relating to Agency Closure Procedures and Voluntary Suspension of Operations).

(b) If an agency chooses to voluntarily withdraw from the Medicare program, or if CMS involuntarily terminates or denies its certification, the license will be affected as follows:

(1) If an agency licensed to provide licensed and certified home health services has no other license categories remaining on the license after losing its Medicare certification, its license is void and the agency must cease operation. If the agency wants to resume providing services, it must apply for an initial license.

(2) If a Medicare-certified agency has another license category remaining on the current license and the agency wants to continue providing services under the remaining license category, HHSC surveys the agency under the remaining license category.

(c) As specified in § 558.601(c)(2) of this chapter (relating to Enforcement Actions), HHSC may take enforcement action against an agency licensed to provide licensed and certified home health services if the agency fails to maintain its Medicare certification. The agency may request an administrative hearing in accordance with § 558.601 of this chapter to contest the enforcement action taken by HHSC against the agency.

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