Sec. 242.047.  ACCREDITATION REVIEW TO SATISFY INSPECTION OR CERTIFICATION REQUIREMENTS.  (a)  The department shall accept an annual accreditation review from The Joint Commission for a nursing facility instead of an inspection for renewal of a license under Section 242.033 and in satisfaction of the requirements for certification for participation in the medical assistance program under Chapter 32, Human Resources Code, and the federal Medicare program, but only if:
(1)  the nursing facility is accredited by The Joint Commission under The Joint Commission's long-term care standards;
(2)  The Joint Commission maintains an annual inspection or review program for each nursing facility that the department determines meets the applicable minimum standards;
(3)  The Joint Commission conducts an annual on-site inspection or review of the facility;
(4)  the nursing facility submits to the department a copy of its annual accreditation review from The Joint Commission in addition to the application, fee, and any report required for renewal of a license or for certification, as applicable; and
(5)  the department has:
(A)  determined whether a waiver or authorization from a federal agency is necessary under federal law, including for federal funding purposes, before the department accepts an annual accreditation review from The Joint Commission:
(i)  instead of an inspection for license renewal purposes;
(ii)  as satisfying the requirements for certification for participation in the medical assistance program; or
(iii)  as satisfying the requirements for certification for participation in the federal Medicare program; and
(B)  obtained any necessary federal waivers or authorizations.
(b)  The department shall coordinate its licensing and certification activities with The Joint Commission.
(c)  The department and The Joint Commission shall sign a memorandum of agreement to implement this section.  The memorandum must provide that if all parties to the memorandum do not agree in the development, interpretation, and implementation of the memorandum, any area of dispute is to be resolved by the executive commissioner.
(d)  Except as specifically provided by this section, this section does not limit the department in performing any duties and inspections authorized by this chapter or under any contract relating to the medical assistance program under Chapter 32, Human Resources Code, and Titles XVIII and XIX of the Social Security Act (42 U.S.C. Sections 1395 et seq. and 1396 et seq.), including authority to take appropriate action relating to an institution, such as closing the institution.
(e)  This section does not require a nursing facility to obtain accreditation from The Joint Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.57(a), eff. Sept. 1, 2003.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0612, eff. April 2, 2015.