REVISION NOTICE - Home Care Information Network

Minimum Standards for All HCSS Agencies
(2) Except as provided by paragraph (4) of this subsection, the agency must provide written
notice to an individual of the written policy required by this subsection. The notice must be
provided at the earlier of:
(A) the time the individual is admitted to receive services from the agency; or
(B) the time the agency begins providing care to the individual.
(3) If, at the time notice is to be provided under paragraph (2) of this subsection, the individual
is incompetent or otherwise incapacitated and unable to receive the notice required by this
subsection, the agency must provide the required written notice, in the following order of
preference, to:
(A) the individual's legal guardian;
(B) a person responsible for the health care decisions of the individual;
(C) the individual's spouse;
(D) the individual's adult child;
(E) the individual's parent; or
(F) the person admitting the individual.
(4) If paragraph (3) of this subsection applies, except as provided by paragraph (5) of this
subsection, if an agency is unable, after a diligent search, to locate an individual listed by
paragraph (3) of this subsection, the agency is not required to provide the notice.
(5) If an individual who was incompetent or otherwise incapacitated and unable to receive the
notice required by this subsection at the time notice was to be provided under paragraph
(2) of this subsection later becomes able to receive the notice, the agency must provide the
written notice at the time the individual becomes able to receive the notice.
(b)
DADS assesses an administrative penalty of $500 against an agency that violates this section,
relating to requirements for the provision of a written statement relating to advance directives.
DADS provides notice of administrative penalty and opportunity for a hearing in accordance with
§97.602 of this chapter (relating to Administrative Penalties).
§97.284 Laboratory Services
An agency that provides laboratory services must adopt and enforce a written policy to ensure that the
agency meets the Clinical Laboratory Improvement Act, 42 United States Code Annotated, §263a,
(CLIA 1988). CLIA 1988 applies to all agencies with laboratories that examine human specimens for the
diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of,
human beings.
§97.285 Infection Control
An agency must adopt and enforce written policies addressing infection control including the prevention
of the spread of infectious and communicable disease. The policies must:
(1) ensure compliance by the agency, its employees, and its contractors with:
(A) the Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter
81;
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