Texas Attorney General Opinion: JM-652 Page: 4 of 9
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Mr. Ross Newby - Page 4 (JM-652)
accrediting body does not apply alcohol/drug abuse
content - specific program standards? Do the
provisions of section 4 prohibit the commission
from conducting on-site programmatic inspections
and separate licensure by the commission of JCAH
- accredited hospitals which are not certified
under Title XVIII of the Social Security Act?
Section 4 of article 4437h, V.T.C.S., provides the following:
Sec. 4. (a) All hospitals licensed by the
Texas Department of Health which have been cer-
tified under Title XVIII of the Social Security
Act, as added July 30, 1965 (Public Law 89-97), by
the Texas Department of Mental Health and Mental
Retardation, or by the Texas Commission on Alcohol
and Drug Abuse which have obtained accreditation
from the Joint Commission on Accreditation of
Hospitals, the American Osteopathic Association,
or another national accreditation body for the
offered services, shall not be subject to addi-
tional licensing inspections under the Texas
Hospital Licensing Law (Article 4437f, Vernon's
Texas Civil Statutes) or by the licensing agency
so long as such certification or accreditation is
maintained. Such hospitals shall only be required
to annually remit any applicable fees and submit a
copy of the most recent survey results or inspec-
tion results report from the accreditation body in
order to be issued a license by the appropriate
licensing agency.
(b) The Texas Department of Human Resources,
the Texas Department of Health, the Texas Depart-
ment of Mental Health and Mental Retardation, and
the Texas Commission on Alcohol and Drug Abuse
shall execute a memorandum of understanding that
establishes procedures to eliminate or reduce
duplication of functions in certifying or
licensing hospitals, nursing homes, or other
facilities under their jurisdiction for payments
under the requirements of the Medical Assistance
Program (Chapter 32, Human Resources Code) and
federal laws and regulations relating to Titles
XVIII and XIX of the Social Security Act. Each
agency by rule shall adopt the memorandum of
understanding. The procedures established under
this section shall provide for use by the affected
agencies of information collected by those
agencies in making inspections for certification
purposes and in investigating complaints regarding
p. 2965
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-652, text, March 23, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273090/m1/4/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.