REVISION NOTICE - Home Care Information Network

Minimum Standards for All HCSS Agencies
Division 3 Agency Administration
§97.241 Management
(a)
(b)
Agency policies. The license holder is responsible for the conduct of the agency and for adoption,
implementation, enforcement, and monitoring of adherence to the written policies required
throughout this chapter. The license holder is also responsible for ensuring that these policies
comply with the statute and the applicable provisions of this chapter and are administered to
provide safe, professional, quality health care.
Criminal conviction. The license holder, the controlling person, the affiliate, the administrator, or
the alternate administrator must at no time during the licensure period be convicted of:
(1) a crime listed in Health and Safety Code, §250.006 (relating to Convictions Barring
Employment);
(2) a crime relating to deceptive business practices;
(3) a misdemeanor of practicing any health-related profession without a required license;
(4) a crime under any federal or state law relating to drugs, dangerous drugs, or controlled
substances;
(5) an offense under the Penal Code involving a client or client of a health care facility or
agency; or
(6) a misdemeanor or felony offense under the Penal Code, as follows:
(A)
(B)
(C)
(D)
(E)
Title 5, concerning offenses against the person;
Title 7, concerning offenses against the property;
Title 9, concerning offenses against public order and decency;
Title 10, concerning offenses against public health, safety, and morals; or
Title 4, concerning offenses of attempting or conspiring to attempt any of the
offenses listed herein.
(c)
(d)
Documentation. The license holder must ensure that all documents submitted to DADS or
maintained by the agency pursuant to this chapter are accurate and do not misrepresent or conceal
a material fact.
Compliance with enforcement orders. The license holder must comply with an order of the DADS
commissioner or other enforcement orders that may be imposed on the agency in accordance with
the statute and this chapter.
§97.242 Organizational Structure and Lines of Authority
(a)
(b)
An agency must prepare and maintain a current written description of the agency's organizational
structure. The document may be either in the form of a chart or a narrative.
The description must include:
(1) all services provided by the agency;
(2) the governing body, the administrator, the supervising nurse, advisory committee,
interdisciplinary team, and staff, as appropriate, based on services provided by the agency;
and
DADS / LSHCSSA 06-1 SUBCHAPTER C - 7