CHAPTER 255. QUALITY ASSURANCE EARLY WARNING SYSTEM FOR LONG-TERM CARE FACILITIES; RAPID RESPONSE TEAMS
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 255. QUALITY ASSURANCE EARLY WARNING SYSTEM FOR LONG-TERM
CARE FACILITIES; RAPID RESPONSE TEAMS
Sec. 255.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Aging and Disability
Services.
(2) "Long-term care facility" means a nursing institution, an
assisted living facility, or an intermediate care facility for
the mentally retarded licensed under Chapter 242, 247, or 252, or
certified under Chapter 32, Human Resources Code.
(3) "Quality-of-care monitor" means a registered nurse,
pharmacist, or nutritionist who:
(A) is employed by the department;
(B) is trained and experienced in long-term care facility
regulation, standards of practice in long-term care, and
evaluation of patient care; and
(C) functions independently of other divisions of the
department.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
837, Sec. 1, eff. September 1, 2005.
Sec. 255.002. EARLY WARNING SYSTEM. The department shall
establish an early warning system to detect conditions that could
be detrimental to the health, safety, and welfare of residents.
The early warning system shall include analysis of financial and
quality-of-care indicators that would predict the need for the
department to take action.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,
2001.
Sec. 255.003. QUALITY-OF-CARE MONITORS. (a) The department
shall establish regional offices with one or more quality-of-care
monitors, based on the number of long-term care facilities in the
region, to monitor the facilities in the region on a regular,
aperiodic basis, including nights, evenings, weekends, and
holidays. A monitoring visit conducted under this chapter may be
announced or unannounced.
(b) Priority for monitoring visits shall be given to long-term
care facilities with a history of patient care deficiencies.
(c) Quality-of-care monitors may not be deployed by the
department as a part of the regional survey team in the conduct
of routine, scheduled surveys.
(d) A quality-of-care monitor may not interfere with, impede, or
otherwise adversely affect the performance of the duties of a
surveyor, inspector, or investigator of the department.
(e) Quality-of-care monitors shall assess:
(1) the overall quality of life in the long-term care facility;
and
(2) specific conditions in the facility directly related to
patient care.
(f) The quality-of-care monitor shall include in a monitoring
visit:
(1) observation of the care and services rendered to residents;
and
(2) formal and informal interviews with residents, family
members, facility staff, resident guests, volunteers, other
regulatory staff, and representatives of a human rights advocacy
committee.
(g) The identity of a resident or a family member of a resident
interviewed by a quality-of-care monitor as provided by
Subsection (f)(2) shall remain confidential and may not be
disclosed to any person under any other provision of this
section.
(h) The findings of a monitoring visit, both positive and
negative, shall be provided orally and in writing to the
long-term care facility administrator or, in the absence of the
facility administrator, to the administrator on duty or the
director of nursing.
(i) The quality-of-care monitor may recommend to the long-term
care facility administrator procedural and policy changes and
staff training to improve the care or quality of life of facility
residents.
(j) Conditions observed by the quality-of-care monitor that
create an immediate threat to the health or safety of a resident
shall be reported immediately to the regional office supervisor
for appropriate action and, as appropriate or as required by law,
to law enforcement, adult protective services, other divisions of
the department, or other responsible agencies.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
837, Sec. 2, eff. September 1, 2005.
Sec. 255.004. RAPID RESPONSE TEAMS. (a) The department shall
create rapid response teams composed of health care experts that
can visit long-term care facilities identified through the
department's early warning system.
(b) Rapid response teams may visit long-term care facilities
that request the department's assistance. A visit under this
subsection may not occur before the 60th day after the date of an
exit interview following an annual or follow-up survey or
inspection.
(c) The rapid response teams may not be deployed for the purpose
of helping a long-term care facility prepare for a regular
inspection or survey conducted under Chapter 242, 247, or 252 or
in accordance with Chapter 32, Human Resources Code.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,
2001.
Sec. 255.005. REPORT. The department shall assess and evaluate
the effectiveness of the quality assurance early warning system
and shall report its findings annually to the governor, the
lieutenant governor, and the speaker of the house of
representatives.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.03, eff. June 15,
2001.