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Texas PAS Policies and Procedures: What 26 TAC Chapter 558 Requires in Writing

By Standardsmith, run by a registered nurse (MSN, RN) with legal nurse consulting and case management experience. Sources last checked November 15, 2026. General information, not legal advice.

Texas doesn't publish a required-policy list or a template for HCSSAs. HHSC's HCSSA FAQ says the Chapter 558 rules decide which policies an agency must develop and implement. Here are the rules that call for written policies or plans in a PAS agency.

How to read this list

Chapter 558 has general standards for all HCSSAs (Subchapter C) and standards just for PAS agencies (§558.404). A PAS agency has to meet both (26 TAC §558.404(a)). The table below lists the sections that call for a written policy, procedure, plan or program. We paraphrase each one, so open the official rule text before you rely on any detail. Some sections apply only if you offer that service. RN delegation is one example.

Policy area and rule	What the rule calls for (paraphrased)
Responsibility for all policies 26 TAC §558.241	The license holder adopts, implements, enforces and monitors the written policies required throughout the chapter.
Staffing policies 26 TAC §558.245	Written staffing policies covering employees, volunteers and contractors: orientation, job-specific training, competency demonstration, job descriptions, registry check procedures, annual evaluations, discipline, volunteers, pediatric clients, and signed policy acknowledgments.
Employability checks 26 TAC §558.247	Criminal history checks and Nurse Aide Registry and Employee Misconduct Registry searches for unlicensed staff. Since July 23, 2026, 26 TAC §561.3 requires SEMARC searches; HHSC's hold-harmless period runs through January 6, 2027 (HHSC PL 2026-10).
Abuse, neglect and exploitation reporting 26 TAC §558.249	A written policy on reporting alleged abuse, neglect and exploitation of a client by an agency employee. Since September 1, 2023, HHSC directs HCSSAs to report agency-staff cases to HHSC Complaint and Incident Intake (PL 2023-12).
Agency investigations 26 TAC §558.250	A written policy on how the agency investigates complaints and reports of abuse, neglect and exploitation.
Drug testing disclosure 26 TAC §558.253	A written policy stating whether you drug test direct-care employees, and how if you do. If you don't, the policy must say so.
Billing 26 TAC §558.254	A written policy to make sure billings and insurance claims are accurate.
No solicitation of patients 26 TAC §558.255	A written policy on complying with Texas Occupations Code Chapter 102.
Emergency preparedness 26 TAC §558.256	A written emergency preparedness and response plan, based on a risk assessment of your service area, with a continuity of operations plan.
Client care practices 26 TAC §558.281	A written client care policy covering the listed elements that apply to your services, such as assessment, start of care, transfer and discharge, disaster triage, emergencies in the home, staff safety and care planning.
Client rights and complaints 26 TAC §558.282	A written policy on client conduct, responsibilities and rights, with a grievance process clients can use without fear of reprisal. Clients get written notice of these policies before care starts.
Infection control 26 TAC §558.285	Written infection control policies, including preventing the spread of infectious and communicable disease.
Quality (QAPI) 26 TAC §558.287	A quality assessment and performance improvement program.
Backup and after-hours care 26 TAC §558.290	Written policies to make sure backup services are available, and that clients know how to get care after hours.
Closure contingency plan 26 TAC §558.291	A written policy describing the agency's written contingency plan.
Starting services 26 TAC §558.294	A written policy setting the time frames for starting care or services.
RN delegation 26 TAC §558.298	A written policy to comply with Texas Board of Nursing delegation rules, if you offer health-related tasks.
Client records 26 TAC §558.301	Written procedures on using, removing and releasing records, and a written records retention policy.
PAS supervision 26 TAC §558.404	A written policy on supervising PAS staff, with input from the client or family on how often. Health-related tasks follow your written policy under 22 TAC Chapter 225. The client file needs the on-site visit, a signed individualized service plan and service documentation.

Two places where the rule text is out of date

• §558.247 still refers to 40 TAC §93.3(c) for Employee Misconduct Registry notices. Those rules moved to 26 TAC Chapter 561, and the duty to give employees written registry information within five working days after hiring is now in §561.3(d).
• §558.249 still names DFPS for abuse, neglect and exploitation reports. HHSC PL 2023-12 directs HCSSAs to report cases involving agency staff to HHSC Complaint and Incident Intake.

A state law that's easy to miss: workplace violence prevention

Texas Health and Safety Code Chapter 331 requires covered facilities to have a workplace violence prevention committee, policy and plan. Since SB 463 (effective September 1, 2025), "facility" includes any HCSSA licensed under Chapter 142 that employs at least two registered nurses, including PAS agencies. Newly covered agencies had until September 1, 2026 to comply. If you employ two or more RNs, read the chapter.

Caregiver competency: what the rules say

Your staffing policies must make sure staff demonstrate competency for their tasks when it can't be determined through education, license, certification or experience (26 TAC §558.245(b)(2)(B)). PAS can be performed by an unlicensed person aged 18 or older who has demonstrated competency to perform the tasks the supervisor assigns, when competency can't be determined through education and experience (26 TAC §558.404(c)). A competency checklist with dated sign-offs is a common way to document this. G-tube feeding by unlicensed staff has its own required training and competency program, and qualified trainers' competency must be evaluated annually (26 TAC §558.404(h)).

Writing policies that hold up

• Match what you actually do. A policy you don't follow is worse than none. Surveyors compare your policies with your records.
• Adopt them formally. Record governing body adoption, then train staff and keep their signed acknowledgments (26 TAC §558.245(b)(10)).
• Keep the paper trail. Each policy should point to the form or log that proves you follow it, such as registry check logs, supervisory visit records and complaint logs.

Sources

Each was read on November 15, 2026. Texas Administrative Code links open the official Texas Secretary of State rules portal.

• HHSC: HCSSA Frequently Asked Questions (updated July 2026)
• 26 TAC Chapter 558, the sections linked in the table (Texas Secretary of State portal). Each section's Source Note shows its latest amendment took effect on or before January 24, 2023 (§558.256). Most were last amended April 25, 2021.
• 26 TAC §561.3 (amended effective July 23, 2026, 51 TexReg 4568); HHSC Provider Letters PL 2026-10 (SEMARC) and PL 2023-12 (ANE reporting)
• Texas Health and Safety Code Chapter 331; SB 463, 89th Legislature (enrolled)

Related guides

• How to start a non-medical home care agency in Texas
• Texas HCSSA administrator requirements for PAS agencies

This guide is general information about Texas rules, not legal advice. Standardsmith isn't affiliated with Texas HHSC. Verify current requirements with Texas HHSC and, for legal questions, talk to a Texas health care attorney.