The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts the repeal of §§52.101, 52.201, 52.301, 52.401 - 52.403, 52.501, 52.503, and 52.601; and adopts new §§52.101, 52.103, 52.201, 52.203, 52.301, 52.303, 52.401, 52.403, 52.405, 52.407, 52.409, 52.411, 52.413, 52.415, 52.417, 52.419, 52.421, 52.501, and 52.503, in Chapter 52, governing contracting to provide emergency response services (ERS).

New §§52.405, 52.419, and 52.503 are adopted with changes to the proposed text published in the October 14, 2005, issue of the Texas Register (30 TexReg 6599). The repeal of §§52.101, 52.201, 52.301, 52.401 - 52.403, 52.501, 52.503, and 52.601; and new §§52.101, 52.103, 52.201, 52.203, 52.301, 52.303, 52.401, 52.403, 52.407, 52.409, 52.411, 52.413, 52.415, 52.417, 52.421, and 52.501 are adopted without changes to the proposed text.

The repeal and the new sections are adopted so that the rules will be better organized and easier for the public, including individuals and providers, to use and understand. The new rules govern the contracting, provider staff, service delivery, equipment, and documentation requirements of ERS. The new rules incorporate existing ERS policy into rule language to give the clearest possible guidance to providers, and update licensing agency references to ensure that the new rules reflect changes resulting from the consolidation of health and human services agencies in 2004. At the request of providers, the new rules reduce a provider's documentation and notification requirements by allowing specified information to be kept in an individual's file and not requiring its submission to the DADS case manager. A rule concerning an interdisciplinary team was added in order to help resolve service delivery issues. The new rules also provide updated terminology in order to be consistent with other Community Services programs.

DADS received five written comments from Lifeline Systems. A summary of each comment and the responses follow.

Comment: Concerning §52.405(b)(3), the commenter suggested changing the rule to allow the use of power strips. Older homes often use power strips because the home has only one electric outlet.

Response: The agency disagrees with the comment and will not change the rule. A power strip is designed to provide power surge protection for an electric appliance. Exceeding the design capacity of the device is a fire hazard and a safety issue.

Comment: Concerning §52.405(a)(3), the commenter was unsure what this paragraph means. The commenter suggested changing the language to read "install within limits set forth in manufacturers' installation instructions."

Response: The agency agrees and has changed the section to include the requested wording.

Comment: Concerning §52.405 and §52.403, the commenter stated that §52.405(c)(1)(A) and (B) seems to repeat what is outlined under §52.403(c)(1)(A) and (B) and asked that those provisions be deleted.

Response: The agency agrees and has deleted §52.405(c)(1)(A) and (B).

Comment: Concerning §52.419(a)(4), the commenter suggested that the rule state the specific amount of time an individual may spend in an institution before a provider is required to suspend services.

Response: The agency agrees and has changed the section to state that a provider must suspend services if an individual is admitted to an institution "for more than 120 consecutive days."

Comment: Concerning §52.419(c), the commenter suggested deleting the requirement to remove the equipment within 14 days after suspending services because the risk is to the provider, not the individual.

Response: The agency agrees and has changed the section to state: "DADS does not pay a provider after the month in which services were suspended" and has deleted §52.503(d) because it would conflict with the new provision.

Subchapter A. DEFINITIONS

Subchapter A. INTRODUCTION

Subchapter O. ADVISORY COMMITTEES/COUNCILS