Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 145. Long-Term Care Subchapter G. Licensing and Medical Certification Standards for Nursing Homes 25 TAC sec.145.111 The Texas Department of Health (department) proposes an amendment to sec.145.111, concerning standards for nursing homes jointly developed by the department and the Texas Department of Human Services (TDHS) that apply to licensure and to Medicaid certification (standards). The standards are in TDHS rules in 40 TAC sec. s19.1-19.2216, which the department adopts by reference in sec.145.111. The department's amendment to sec.145.111 will show the effective date that the department adopts TDHS's changes to the standards. The sections covered under this amendment to sec.145.111 are the proposed repeal of 40 TAC sec.19.217 and sec.19.505; proposed new sec.19.217 and sec.19.504; proposed amendments to 19. 502, 19.503, 19.1911, 19.1912, and 19.1923, were published in the Texas Register under TDHS proposed rules in December 22, 1992 issue. The TDHS proposes to adopt these changes March 1, 1993, which is the date reflected in our amendment to s145.111. The changes to the existing sections provide substantive clarification and consolidation of the previously adopted sections. The section changes update the educational qualifications and standards for activity directors and social workers; clarify the social service, advance directives, and clinical records requirements; and correct references. Janice M. Caldwell, Dr. P.H., Chief, Bureau of Long-Term Care, Texas Department of Health has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section as proposed. Dr. Caldwell also has determined that for each year of the first five years the section is in effect the public benefit anticipated is that facilities, department employees, and the public will more clearly understand the requirements. There is no anticipated cost to small or large business to comply with this section as proposed. There is no anticipated cost for persons who may be required to comply with this proposal. There is no effect on local government. Comments on the proposal may be submitted to Janice M. Caldwell, Dr. P.H., Chief, Bureau of Long-Term Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, at (512) 458-7709. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register. The amendment is proposed under the Health and Safety Code, Chapter 242, which provides for the Board of Health to promulgate rules relative to its licensing authority for long-term care facilities; sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Department, and the Commissioner of Health; and Senate Bill 487, sec.8, 71st Legislature, 1989, which provides the Department and TDHS with the authority to jointly develop one set of standards for nursing homes that applies to licensure and to certification for participation in the medical assistance program under the Human Resources Code, Chapter 32, and to adopt by rule the standards and any amendments to them. sec.145.111. Standards for Nursing Homes Jointly Developed by the Texas Department of Health and the Texas Department of Human Services That Apply to Licensure and Medicaid Certification. (a) The Texas Department of Health adopts by reference the Texas Department of Human Services rules 40 TAC, sec. s19.1-19.2216, concerning Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification effective October 8, 1990, as amended: October 1, 1990, under federal mandate; September 1, 1991; March 17, 1992; April 1, 1992 under federal mandate; March 3, 1992 under federal mandate; April 1, 1992, and August 26, 1992, under federal mandates; [and] February 1, 1993 , and March 1, 1993
    . (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 5, 1992. TRD-9317219 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: March 1, 1993 For further information, please call: (512) 834-6770 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Personnel and Employment Policies 37 TAC sec.1.40 The Texas Department of Public Safety proposes new sec.1.40, concerning reasonable accommodations under the Americans with Disabilities Act. The department proposes this section to state its policy and commitment to provide reasonable accommodation under the American with Disabilities Act, Title 1, concerning employment practices. Melvin C. Peeples, Assistant Chief of Fiscal Affairs, has determined that there will be fiscal implications as a result of enforcing or administering the section however; the department has no historical data on which to estimate cost for providing reasonable accommodation to comply with the Americans with Disabilities Act. Mary Ann Courter, Commander, Personnel Bureau, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to ensure the public the department is in compliance with the Americans with Disabilities Act regarding employment practices by providing reasonable accommodations. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to John C. West, Jr., Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, (512) 465-2000. The new section is proposed under the Texas Government Code, sec.411.006(4), which provides the Texas Department of Public Safety with the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.1.40. Reasonable Accommodations Under the Americans with Disabilities Act. (a) It is the policy of the department that no qualified individual with a disability shall, solely based on the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of the policies or procedures of the department in any employment practice. (b) This department shall make reasonable accommodations to known physical or mental limitations of a qualified applicant or employee with a disability which would enable the individual to perform the essential job tasks. (c) The department must provide a reasonable accommodation for a qualified applicant or employee with a known physical or mental disability unless it can show that the accommodation would impose an undue hardship on the operation. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 29, 1992. TRD-9317256 James R. Wilson Director Texas Department of Public Safety Earliest possible date of adoption: February 12, 1993 For further information, please call: (512) 465-2000