Tex.
Health & Safety Code Section 241.1865
Waiver from Level of Care Designation Requirements; Conditional Designation
(a)
The department shall develop and implement a process through which a hospital may request and enter into an agreement with the department to:(1)
receive or maintain a level of care designation for which the hospital does not meet all requirements conditioned on the hospital, in accordance with a plan approved by the department and outlined under the agreement, satisfying all requirements for the level of care designation within a time specified under the agreement, which may not exceed the first anniversary of the effective date of the agreement; or(2)
waive one specific requirement for a level of care designation in accordance with Subsection (c).(b)
The process developed and implemented under this section must:(1)
subject to Subdivision (2), allow a hospital to submit a written request under Subsection (a) at any time;(2)
require a hospital to:(A)
before submitting the request, provide notice of the hospital’s intention to seek a waiver under this section to the hospital’s medical staff who practice in a specialty service area affected by the waiver;(B)
provide the notice required by Paragraph (A) in accordance with the hospital’s process for communicating information to medical staff; and(C)
document the provision of the notice required by Paragraph (A); and(3)
allow the department to make a determination on the request at any time.(c)
The department may enter into an agreement with a hospital to waive a requirement under Subsection (a)(2) only if the department determines the waiver is justified after considering:(1)
the expected impact on:(A)
the accessibility of care in the geographical area served by the hospital if the waiver is not granted; and(B)
quality of care and patient safety; or(2)
whether health care services related to the requirement can be provided through telemedicine medical services under Section 241.1835 (Use of Telemedicine Medical Services).(d)
A waiver agreement entered into under Subsection (a):(1)
must expire not later than at the end of each designation cycle but may be renewed on expiration by the department under the same or different terms; and(2)
may specify any conditions for ongoing reporting and monitoring during the agreement.(e)
A hospital that enters into a waiver agreement under Subsection (a) is required to satisfy all other requirements for a level of care designation that are not waived in the agreement.(f)
The department shall post on the department’s Internet website and periodically update:(1)
a list of hospitals that enter into an agreement with the department under this section; and(2)
an aggregated list of the requirements conditionally met or waived in agreements entered into under this section.(g)
A hospital that enters into an agreement with the department under this section shall post on the hospital’s Internet website the nature and general terms of the agreement.
Source:
Section 241.1865 — Waiver from Level of Care Designation Requirements; Conditional Designation, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.241.htm#241.1865 (accessed Jun. 5, 2024).
