1. (a) An end stage renal disease facility shall submit a request for an exception during an emergency or disaster situation to the Texas Health and Human Services Commission (HHSC). To request an exception during an emergency or disaster situation, a facility:

   1. (1) shall make the request in accordance with HHSC instructions;
   2. (2) shall develop an action plan to resolve the situation, including any staffing crisis;
   3. (3) shall submit the action plan to HHSC within 60 calendar days after HHSC grants the exception;
   4. (4) shall monitor outcome data related to quality of care and report these outcomes monthly to HHSC during the granted exception period, including granted exception periods for staffing requirements; and
   5. (5) may request an exemption from clinical records for evacuees, except that the facility shall assess and document the hepatitis and tuberculosis status of the affected patients.

2. (b) If the facility requests an exemption under subsection (a)(5) of this section, at minimum, the facility must obtain:

   1. (1) the patient's name, address, date of birth, and payor information, if available; and
   2. (2) the name, address, and telephone number of the patient's usual dialysis facility.
3. (c) HHSC may only grant a temporary exception in an emergency for a maximum of 120 calendar days, with a single renewal period for an additional 120 calendar days.

Source Note:The provisions of this §507.22 adopted to be effective December 23, 2025, 50 TexReg 8289.