Part 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§19.208, 19.214, and 19.2112, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, without changes to the proposed text published in the January 18, 2008, issue of the Texas Register (33 TexReg 519).
The amendments are adopted to comply with some of the provisions of Senate Bill (SB) 1318, 80th Legislature, 2007, which amended the Texas Health and Safety Code, Chapter 242. Texas Health and Safety Code, §242.066, was amended to allow DADS to assess an administrative penalty against a person who fails to notify DADS of a change of ownership prior to the effective date of the change.
The amendments are also adopted to update terminology and state agency names and correct rule cross-references to ensure that the rule reflects changes resulting from the consolidation of health and human services agencies in 2004 and to update the sections to make them consistent with other DADS rules.
DADS received no comments regarding adoption of the amendments.
Subchapter C. NURSING FACILITY LICENSURE APPLICATION PROCESS
The amendments are adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Health and Safety Code, Chapter 242, which authorizes DADS to license and regulate nursing facilities.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 14, 2008.
TRD-200801921
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: May 4, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 438-3734
Division 2. LICENSING REMEDIES
The amendment is adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Health and Safety Code, Chapter 242, which authorizes DADS to license and regulate nursing facilities.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 14, 2008.
TRD-200801922
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: May 4, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 438-3734
40 TAC §§94.2, 94.3, 94.9 - 94.11
The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§94.2, 94.3, and 94.9 - 94.11 in Chapter 94, Nurse Aides, without changes to the proposed text published in the January 18, 2008, issue of the Texas Register (33 TexReg 523).
The amendments are adopted to allow the Nurse Aide Registry to deem a nurse aide to be unemployable based on a finding that the nurse aide is listed as unemployable in the Employee Misconduct Registry.
DADS manages the Employee Misconduct Registry in accordance with Texas Health and Safety Code, Chapter 253, and the Nurse Aide Registry in accordance with federal law and regulations. The Employee Misconduct Registry is a state registry that maintains a record of unlicensed employees of facilities licensed by DADS and adult foster care providers who have engaged in misconduct. The Nurse Aide Registry is a federally mandated registry that maintains records regarding the status of individuals who have received nurse aide certification, including whether the person has committed abuse, neglect, or misappropriation. Facilities and agencies licensed by DADS, certain contracted providers, and state schools consult both registries for the purpose of determining employability of an applicant, but a person listed on the Employee Misconduct Registry is not necessarily designated as unemployable in the Nurse Aide Registry. The adopted amendments allow DADS to designate a nurse aide as unemployable in the Nurse Aide Registry if the nurse aide is listed as unemployable in the Employee Misconduct Registry.
DADS received no comments regarding adoption of the amendments.
The amendments are adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Government Code, §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 11, 2008.
TRD-200801918
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: May 1, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 438-3734