Substance abuse treatment facilities in Texas
Substance abuse treatment facilities in Texas are regulated by the State Department of Health Services. According to this state department, a substance abuse treatment facility can be defined as any facility that provides treatment for people with chemical dependency. The treatment provided is defined as the programs and services that are meant to stop an individual from using illegal drugs.
Chapter 464 of the Texas Health and safety code stipulates the regulations of the treatment facilities and requires all of them to be listed by the Texas Department of Health Services. All facilities are expected to obtain licenses to operate but some are exempted for example those run by the state or federal government. While some facilities are exempted from obtaining the required requirements, the penalties for the violation by some facilities which are not exempted can be severe and can lead to the closure of the facilities.
Chapter 464 states these penalties and how they can affect the entire facility or its members. Chapter 464 section 014 provides a list of violations that can be committed by a facility are. The section states that based upon these violations, “the department shall deny, revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a license holder if the applicant or license holder or the owner, director, administrator, or a clinical staff member of the facility”. These punishments usually take effect on the 30th day from the day the notice was issued and can only be overturned if the accused secures an injunction under section 464.015 or when an administrative appeal is requested. The license holder whose license has been revoked or suspended cannot be allowed to admit new clients until the license is re-issued.
Section 464. 001 is very important as it provides a list of 12 categories of the facilities that can be included under a treatment facility. These mainly affect health care organizations and professionals. These guides them to know if they are included under one of these categories before they can apply for licenses. This information is key as helps them to know their liabilities as well as penalties.
Sec. 464.004 is important as it provides a list of the requirements that must be fulfilled when applying for a license and its issuance. It lists out the process that a service provider must follow to operate a treatment facility for people with chemical dependency. Also, this section affects the service providers and professionals mainly as it provides the requirements they should follow to start and be licensed for operating a facility. Failure to follow these requirements, they cannot obtain a license or be permitted to operate a facility. After obtaining the license the duration of the license is stated to be two years from the last day it was issued and it can only be issued to the person whose name is on the license.
Sect 464.006 is an important section affecting healthcare professionals, service providers, payers, insurers, and patients. This section provides a list of inspection related acts and regulations. “The department or its representative may without notice enter the premises of a treatment facility at reasonable times, including any time treatment services are provided, to conduct an inspection or investigation the department considers necessary”. This affects the healthcare providers directly because the services they offer have to meet the expected standards. The payers and insurers are also affected because they have to pay for the best services offered to them or their clients. The patients are also affected by the inspections because the service providers provide good services to them and this ensures accountability on the part of the healthcare providers.
Sec 464.009 is also important as it provides a list of the rules and standards that the treatment facilities must comply with to be licensed. “The department shall license treatment facilities in a manner consistent with state and federal law and rules, including department licensing standards”. The rules look into the kind of services the client is receiving for example medication and nutrition. The environmental conditions of the facility are also put under consideration here to ensure that the client lives in a good facility setting. This section also lists key requirements like minimum staffing requirements, client rights, and services to be provided.
Sec. 464.014 is an important section of the regulation listing the violations that can lead to canceling the license or suspension. It affects the service provider, professionals, payers as well as other stakeholders. A facility that violates client rights or any other regulations listed in the chapter can have its license canceled or another type o9f penalty imposed. This promotes accountability on the part of the service providers.
These are the most important sections of the regulation related to the facilities providing substance abuse treatment and it is evident that regulations have been put in place to ensure that the patient receives the best services, service providers are accountable and work in a conducive environment and the payers get the value for their money.
Reference:
CHAPTER 464. FACILITIES TREATING PERSONS WITH A CHEMICAL DEPENDENCY (n.d.). In Statutes. Retrieved September 29, 2016, from http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.464.htm