Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
The Texas Department of Human Services (DHS) adopts amendments to §§19.301,
19.334, 19.340, 19.341, 19.602, 19.1103, and 19.1929, without changes to the
proposed text published in the January 9, 2004, issue of the
Texas Register
(29 TexReg 332).
Justification for the amendments is to implement changes mandated by the
78th Texas Legislature. Justification for the amendment to §19.334 is
to allow nursing facilities to have beds without casters, because casters
are no longer required by the Life Safety Code beginning with the 1991 edition,
and to correct the National Fire Protection Association (NFPA) reference for
the storage and use of oxygen. The amendment to §19.340 implements House
Bill 867 by adopting a minimum standard that requires nursing facilities constructed
or licensed after January 1, 2004, to have a central air conditioning system,
or a substantially similar air conditioning system, that is capable of maintaining
a temperature suitable for resident comfort within areas used by residents.
Justification for the amendment to §19.1929 is to implement the provisions
of the Health and Safety Code, §242.037, as amended by House Bill 776
and Senate Bill 1549, that added a requirement for nursing staff to receive
at least one hour of training each year in caring for people who have dementia.
In order to provide facilities with accurate information in DHS's rule base,
the amendments also revise or correct references to the Life Safety Code of
the NFPA, the address for the NFPA, a reference to the Penal Code, and a licensing
rule reference.
DHS received no comments regarding adoption of the amendments.
Subchapter D. FACILITY CONSTRUCTION
40 TAC §§19.301, 19.334, 19.340, 19.341
The amendments are adopted under the Health and Safety Code,
Chapter 242, which authorizes DHS to license and regulate convalescent and
nursing homes and related institutions.
The amendments implement the Health and Safety Code, §§242.001-242.852.
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 March 15, 2004.
TRD-200401897
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §19.602
The amendment is adopted under the Health and Safety Code,
Chapter 242, which authorizes DHS to license and regulate convalescent and
nursing homes and related institutions.
The amendment implements the Health and Safety Code, §§242.001-242.852.
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 March 15, 2004.
TRD-200401898
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §19.1103
The amendment is adopted under the Health and Safety Code,
Chapter 242, which authorizes DHS to license and regulate convalescent and
nursing homes and related institutions.
The amendment implements the Health and Safety Code, §§242.001-242.852.
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 March 15, 2004.
TRD-200401899
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §19.1929
The amendment is adopted under the Health and Safety Code,
Chapter 242, which authorizes DHS to license and regulate convalescent and
nursing homes and related institutions.
The amendment implements the Health and Safety Code, §§242.001-242.852.
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 March 15, 2004.
TRD-200401900
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §20.110, §20.112
The Texas Department of Human Services (DHS) adopts amendments
to §20.110 and §20.112, without changes to the proposed text published
in the January 9, 2004, issue of the
Texas Register
(29 TexReg 334).
The amendment to §20.110 was undertaken to allow providers additional
time, if necessary, to gather information and evidence to support an efficient
resolution of any matters in dispute. Because providers sometimes find that
30 days is not enough time to collect the necessary information, the Texas
Health and Human Services Commission (HHSC) (identified as DHS's designee
in Chapter 20) decided to allow providers 45 days to complete this task, if
they request the extension in writing within 30 calendar days.
The amendment to §20.112 was undertaken in order to reduce the spending
requirement for providers participating in attendant compensation rate enhancement.
In order to meet funding levels provided in the 2004-2005 Legislative Appropriations
Act, HHSC lowered reimbursement rates by 1.1%, which in turn warranted a lowering
of the spending requirement. Lowering the spending requirement allows participating
providers more spending flexibility in other cost areas of the total reimbursement
rate.
HHSC is adopting related policy in its Chapter 355 in this issue of the
DHS received no comments regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The amendments implement the Human Resources Code, 22.0001-22.040.
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 March 10, 2004.
TRD-200401822
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
Subchapter D. GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION
40 TAC §§90.61, 90.65, 90.68, 90.74
The Texas Department of Human Services (DHS) adopts amendments
to §§90.61, 90.65, 90.68, and 90.74, without changes to the proposed
text published in the January 9, 2004, issue of the
Texas Register
(29 TexReg 336).
Justification for the amendments is to update references within DHS's rule
base from the National Fire Protection Association (NFPA) Life Safety Code
(LSC) 1985 edition to the 2000 edition in order to give clear guidance to
facility owners on the NFPA LSC requirements and outline fire safety requirements
for resident safety in the facilities. DHS undertook the amendments after
the Centers for Medicare and Medicaid Services (CMS) and the State Fire Marshal's
office adopted the 2000 edition. The amendments make DHS's rules consistent
with the State Fire Marshal and CMS requirements. The amendment to §90.68
corrects the reference for dishes and utensils sanitation to give facilities
accurate information in DHS's rule base.
DHS received no comments regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code,
Chapter 252, which authorizes DHS to license and regulate intermediate care
facilities for persons with mental retardation or related conditions.
The amendments implement the Health and Safety Code, §§252.001-252.209.
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 March 12, 2004.
TRD-200401880
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) adopts amendments to §§97.249,
97.282, and 97.403, without changes to the proposed text published in the
January 9, 2004, issue of the
Texas Register
(29
TexReg 342).
The amendments to §97.249 and §97.282 were undertaken in order
to provide the new telephone number for reporting general complaints and complaints
of abuse, exploitation, or neglect involving an employee of a home and community
support services agency to DHS. In addition, §97.249(3) was amended to
remove the phrase "upon discovery" to more closely conform with language contained
in the Health and Safety Code, §142.018(b).
The amendment to §97.403 was undertaken to ensure that the rule contains
the most current references to National Fire Protection Association (NFPA)
construction and fire safety standards, as the rule states that hospices that
provide inpatient services must meet these standards. The amendment also corrects
the address of NFPA. In addition, the amendment to §97.403(o) allows
all licensed social workers to provide medical social services. DHS determined
that if a social worker is licensed in the state of Texas to provide social
work services, a social worker is qualified to provide medical social services.
This will give hospices more staffing sources to provide medical social services
in a hospice.
DHS received no comments regarding adoption of the amendments.
Subchapter C. MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
3.
AGENCY ADMINISTRATION
40 TAC §97.249
The amendment is adopted under the Health and Safety Code,
Chapter 142, which authorizes DHS to adopt rules for the licensing and regulation
of home and community support services agencies.
The amendment implements the Health and Safety Code, §§142.001-142.030.
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 March 11, 2004.
TRD-200401826
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
Subchapter G. RESIDENT BEHAVIOR AND FACILITY PRACTICE
Subchapter L. DIETARY SERVICES
Subchapter T. ADMINISTRATION
Chapter 20.
COST DETERMINATION PROCESS
Chapter 90.
INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS
Chapter 97.
LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
4.
PROVISION AND COORDINATION OF TREATMENT AND SERVICES