A facility licensed under this chapter may provide respite care for an individual who has a diagnosis of mental retardationor a related condition without regard to whether the individual is eligible to receive intermediate care services under federallaw, according to a plan of care as provided under the Health and Safety Code, §§252.181-252.186.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearlyindicates otherwise.
- Plan of care — A written description of the care, training, and treatment needed by a person during respite care.
- Respite care — The provision by a facility to a person, for not more than two weeks for each stay in the facility, of room, board, andcare at the level ordinarily provided for permanent residents.
(a) The facility and the person arranging the care must agree on the plan of care and the plan must be filed at the facilitybefore the facility admits the person for the care.
(b) The plan of care must be signed by:
(1) a licensed physician if the person for whom the care is arranged need medical care or treatment; or
(2) the person arranging for the respite care if medical care or treatment is not needed.
(c) The facility may keep an agreed plan of care for a person for not longer than six months from the date on which it is received. After each admission, the facility shall review and update the plan of care. During that period, the facility may admit the person as frequently as is needed and as accommodations are available.
(d) The clinical record of each respite care resident must contain:
(1) general identifying information necessary to care for the resident and maintain his/her clinical record;
(2) resident assessment according to facility policy and care plan according to §90.283 of this title (relating to Plan of Care);
(3) progress notes or flow sheets which document care/services;
(4) reports of diagnostic or lab studies done during resident stay;
(5) any physician's orders given during resident stay; and
(6) discharge and readmission information based on facility policy for respite care services.
A facility that offers respite care must notify the Texas Department of Human Services in writing that it offers respite care.
The Texas Department of Human Services (DHS), at the time of a licensing inspection or at other times DHS determines necessary,inspects a facility's records of respite care services, physical accommodations available for respite care, and the plan ofcare records to ensure that the respite care services comply with the licensing standards of this chapter.
(a) The Texas Department of Human Services (DHS) may require a facility to cease providing respite care if DHS determines thatthe respite care does not meet the standards required by this chapter and that the facility cannot comply with those standardsin the respite care it provides.
(b) DHS may suspend the license of a facility that continues to provide respite care after receiving a written order from DHSto cease, as set out in §90.232 of this title (relating to License Suspension).
When a facility provides respite care:
(a) the total number of individuals receiving services in the facility must not exceed the number of licensed beds; and
(b) any required staff to resident ratio will include any individual receiving respite care services regardless of the numberof hours in the facility.