(a) Quality Assessment and Performance Improvement (QAPI) Program.
  (1) An agency must maintain a QAPI Program that is implemented by a QAPI Committee. The QAPI Program must be ongoing, focused on client outcomes that are measurable, and have a written plan of implementation. The QAPI Committee must review and update or revise the plan of implementation at least once within a calendar year, or more often if needed. The QAPI Program must include:
    (A) a system that measures significant outcomes for optimal care. The QAPI Committee must use the measures in the care planning and coordination of services and events. The measures must include the following as appropriate for the scope of services provided by the agency:
      (i) an analysis of a representative sample of services furnished to clients contained in both active and closed records;
      (ii) a review of:
        (I) negative client care outcomes;
        (II) complaints and incidents of unprofessional conduct by licensed staff and misconduct by unlicensed staff;
        (III) infection control activities;
        (IV) medication administration and errors; and
        (V) effectiveness and safety of all services provided, including:
          (-a-) the competency of the agency's clinical staff;
          (-b-) the promptness of service delivery; and
          (-c-) the appropriateness of the agency's responses to client complaints and incidents;
      (iii) a determination that services have been performed as outlined in the individualized service plan, care plan, or plan of care; and
      (iv) an analysis of client complaint and satisfaction survey data; and
    (B) an annual evaluation of the total operation, including services provided under contract or arrangement.
      (i) An agency must use the evaluation to correct identified problems and, if necessary, to revise policies.
      (ii) An agency must document corrective action to ensure that improvements are sustained over time.
  (2) An agency must immediately correct identified problems that directly or potentially threaten the client care and safety.
  (3) QAPI documents must be kept confidential and be made available to HHSC staff upon request.
(b) QAPI Committee membership. At a minimum, the QAPI Committee must consist of:
  (1) the administrator;
  (2) the supervising nurse or therapist, or the supervisor of an agency licensed to provide personal assistance services; and
  (3) an individual representing the scope of services provided by the agency.
(c) Frequency of QAPI Committee meeting. The QAPI Committee must meet twice a year or more often if needed.

Source Note: The provisions of this §558.287 adopted to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 1, 2006, 31 TexReg 1455; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427