PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER C. NURSING FACILITY LICENSURE APPLICATION PROCESS
40 TAC §§19.201, 19.210, 19.214
The Health and Human Services Commission (HHSC),
on behalf of the Department of Aging and Disability Services (DADS),
adopts amendments to §§19.201, 19.210, and 19.214 in Chapter
19, Nursing Facility Requirements for Licensure and Medicaid Certification,
without changes to the proposed text published in the April 17, 2009,
issue of the Texas Register (34 TexReg 2501).
The amendments are adopted by HHSC, on behalf of DADS, as part
of a project adopting a new Chapter 99 governing criminal convictions
barring licensure for nursing facilities, assisted living facilities,
adult day care facilities, intermediate care facilities for persons
with mental retardation and home and community support services agencies,
which is published elsewhere in this issue of the Texas Register.
DADS is adopting these amendments
to the licensing rules for nursing facilities to reference new Chapter 99.
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
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 July 16, 2009.
TRD-200902907
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
SUBCHAPTER B. APPLICATION PROCEDURES
40 TAC §90.11, §90.17
The Health and Human Services Commission (HHSC),
on behalf of the Department of Aging and Disability Services (DADS),
adopts amendments to §90.11 and §90.17, in Chapter 90, Intermediate
Care Facilities for Persons with Mental Retardation or Related Conditions,
without changes to the proposed text published in the April 17, 2009,
issue of the Texas Register (34 TexReg 2509).
The amendments are adopted by HHSC, on behalf of DADS, as part
of a project adopting a new Chapter 99 governing criminal convictions
barring licensure for nursing facilities, assisted living facilities,
adult day care facilities, intermediate care facilities for persons
with mental retardation (ICFs/MR) and home and community support services
agencies, which is published elsewhere in this issue of the Texas Register.
DADS is adopting these amendments
to the licensing rules for (ICFs/MR) to reference new Chapter 99.
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
Health and Safety Code, Chapter 252, which authorizes DADS to license
and regulate ICFs/MR.
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 July 16, 2009.
TRD-200902908
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
SUBCHAPTER B. APPLICATION PROCEDURES
40 TAC §92.11
The Health and Human Services Commission (HHSC),
on behalf of the Department of Aging and Disability Services (DADS),
adopts an amendment to §92.11, in Chapter 92, Licensing Standards
for Assisted Living Facilities, without changes to the proposed text
published in the April 17, 2009, issue of the Texas
Register (34 TexReg 2511).
The amendments are adopted by HHSC, on behalf of DADS, as part
of a project adopting a new Chapter 99 governing criminal convictions
barring licensure for nursing facilities, assisted living facilities,
adult day care facilities, intermediate care facilities for persons
with mental retardation and home and community support services agencies,
which is published elsewhere in this issue of the Texas Register.
DADS is adopting an amendment
to the licensing rules for assisted living facilities to reference
new Chapter 99.
DADS received no comments regarding adoption of the amendments.
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; Texas Health
and Safety Code, Chapter 247, which authorizes DADS to license and
regulate assisted living 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 July 16, 2009.
TRD-200902909
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
The Health and Human Services Commission (HHSC), on behalf
of the Department of Aging and Disability Services (DADS), adopts
amendments to §§97.2, 97.11, 97.21, 97.241, 97.244, and
the repeal of §97.223 in Chapter 97, Licensing Standards for
Home and Community Support Services Agencies, without changes to the
proposed text published in the April 17, 2009, issue of the Texas Register
(34 TexReg 2513).
The amendments are adopted by HHSC, on behalf of DADS, as part
of a project adopting a new Chapter 99 governing criminal convictions
barring licensure for nursing facilities, assisted living facilities,
adult day care facilities, intermediate care facilities for persons
with mental retardation and home and community support services agencies
(HCSSAs), which is published elsewhere in this issue of the Texas Register.
DADS is adopting these amendments
to the licensing rules for HCSSAs to reference new Chapter 99 and
a repeal of a section in the HCSSA rules governing criminal offenses
that may constitute a bar to licensure, because those offenses are
listed in Chapter 99.
DADS received no comments regarding adoption of the amendments and repeal.
SUBCHAPTER A. GENERAL PROVISIONS
40 TAC §97.2
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 142, which authorizes DADS to license
and regulate HCSSAs.
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 July 16, 2009.
TRD-200902910
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
40 TAC §97.11, §97.21
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 142, which authorizes
DADS to license and regulate HCSSAs.
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 July 16, 2009.
TRD-200902911
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
DIVISION 2. CONDITIONS OF A LICENSE
40 TAC §97.223
The repeal 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 142, which authorizes DADS to license
and regulate HCSSAs.
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 July 16, 2009.
TRD-200902912
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
40 TAC §97.241, §97.244
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 142, which authorizes
DADS to license and regulate HCSSAs.
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 July 16, 2009.
TRD-200902913
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
SUBCHAPTER B. APPLICATION PROCEDURES
40 TAC §98.11, §98.19
The Health and Human Services Commission (HHSC),
on behalf of the Department of Aging and Disability Services (DADS),
adopts amendments to §98.11 and §98.19, in Chapter 98, Adult
Day Care and Day Activity and Health Services Requirements, without
changes to the proposed text published in the April 17, 2009, issue
of the Texas Register (34 TexReg 2522).
The amendments are adopted by HHSC, on behalf of DADS, as part
of a project adopting a new Chapter 99 governing criminal convictions
barring licensure for nursing facilities, assisted living facilities,
adult day care facilities, intermediate care facilities for persons
with mental retardation and home and community support services agencies,
which is published elsewhere in this issue of the Texas Register
. DADS is adopting these amendments
to the licensing rules for adult day care facilities to reference
new Chapter 99.
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
Human Resources Code, Chapter 103, which provides DADS with the authority
to license and regulate adult day care 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 July 16, 2009.
TRD-200902914
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
CHAPTER 90. INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS
CHAPTER 92. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
CHAPTER 97. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER B. CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE
SUBCHAPTER C. MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
DIVISION 3. AGENCY ADMINISTRATION
CHAPTER 98. ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
CHAPTER 99. CRIMINAL CONVICTIONS BARRING FACILITY LICENSURE