The Texas Department of Human Services (DHS) proposes to repeal §93.5, concerning facility requirements; to amend §93.1, concerning purpose, §93.2, concerning definitions, §93.3, concerning Texas Department of Human Services' (DHS's) requirements, §93.4, concerning employee misconduct registry requirements; and new §93.5, concerning Texas Department of Protective and Regulatory Services' (PRS's) requirements for agencies, and §93.6, concerning facility and agency responsibilities in its Employee Misconduct Registry chapter. The purpose of the repeals, amendments, and new sections is to implement Senate Bill 1245, 77th Legislature, which expands the employee misconduct registry to include home and community support services agencies (HCSSAs). The proposal also adds terms and definitions of "reportable conduct" and "agency" to §93.1 and §93.2. New §93.5 designates PRS as the investigative authority for HCSSAs regarding employee misconduct registry referrals and due process. New §93.6 includes HCSSA responsibilities.

James R. Hine, Commissioner, has determined that for the first five-year period the proposed sections will be in effect, there will be fiscal implications for state government as a result of enforcing or administering the sections.

The effect on state government for the first five-year period the sections will be in effect is an estimated additional cost of $67,275 in fiscal year (FY) 2002; $55,435 in FY 2003; $55,435 in FY 2004; $55,435 in FY 2005; and $55,435 in FY 2006.

Mr. Hine also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be greater protection of residents, consumers, and clients of all DHS-regulated facilities. The employee misconduct registry is being expanded to include additional unlicensed employees who may have the opportunity to abuse, neglect, or misappropriate client funds. Individuals identified in the registry are permanently prohibited from employment in these long-term care facilities. There will be no effect on small or micro businesses as a result of enforcing or administering the sections, because the amendments only involve facilities and agencies accessing a toll-free number before hiring all employees. There is no anticipated economic cost to persons who are required to comply with the proposed sections. There is no anticipated effect on local employment in geographic areas affected by these sections.

Questions about the content of this proposal may be directed to Lynette Sanders at (512) 231-5800 in DHS's Employee Misconduct Registry and Credentialing Department. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-195, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

Under §2007.003(b) of the Texas Government Code, the department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.