Need Texas Adm.Code, Title 40, Part 1, Medicaid patient rules and
regulations including Medicaid Nursing Home patient 72 hour leave.  Is
there any possibility of extension to 96 hours?  Especially if patient
has not had any leaves, and won't have any leave for the remainder of
the year.  96 hour minimum needed as patient would then get to see all
7 children, spouses and grandchildren in the Milwaukee area.  He would
have no costs.

Please note that I am not an expert in Texas law, and that Google
Answers cannot provide professional legal advice.  I can only tell you
the results of my research.

According to the Texas Administrative Code, it appears the period of
"three days" for a therapeutic home visit can be very close to four
days:

"Days are defined as 24-hour periods extending from midnight to
midnight. In determining days of absence from a facility, the first
day is the first 24-hour period beginning at midnight after the
recipient's departure."

"RULE §19.2603: Therapeutic Home Visits Away from the Facility"
Texas Administrative Code [under Title 40, Part 1, Chapter 19,
Subchapter AA]
http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=19&rl=2603

So in other words, if a nursing facility resident left at (for
example) 12:01 AM on Sept. 26, the first "day" of leave would be Sept.
27, the second day Sept. 28, and the third day Sept. 29.  So the total
leave would be just under -- in this example, one minute under -- four
days.

Again, since I cannot provide professional advice on Texas law, you
should check with the nursing facility, the Texas Department of Human
Services, and/or a lawyer admitted to legal practice in Texas in order
to confirm the rules for leave.

- justaskscott-ga


Search strategy:

Browsed Title 40, Part 1, of Texas Administrative Code (
http://info.sos.state.tx.us/pub/plsql/readtac$ext.viewtac ).

Found two chapters (18 and 19) relating to nursing facilities.

Found two subchapters (E and F) relating to resident's rights under
Chapter 19.

Found rule (§19.503) relating to bed-hold policy under Subchapter F.

Found reference to Rule §19.2603 under Rule §19.503.

Went back to Title 40, Part 1, Chapter 19, and browsed again until I
found Rule §19.2603.

The full text of the code is available at:

http://lamb.sos.state.tx.us/tac/

However, as of 6:14 GMT on August 27th, the database was down.  While
this will provide the text of the law, I doubt it will address the
question of extensibility.

I'll check back later and see if it's up.