7 Jul 2024

Texas Register July 5, 2024 Volume: 49 Number: 27

by | posted in: Department of Aging and Disability Services, Texas Department of State Health Services, Texas Department on Aging and Disability Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

Texas Health and Human Services Commission

Adopted Rules Re:

Adopting 26 TAC §559.1, §559.3, to update requirements for a Day Activity and Health Services (DAHS) facility contracting with DADS to provide DAHS under Title XIX or Title XX of the Social Security Act and replace definitions for specific terms.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER A. INTRODUCTION
26 TAC §559.1, §559.3

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §559.2, to remove an unnecessary rule.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER A. INTRODUCTION
26 TAC §559.2

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.11, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, to outline the procedures, qualifications, and other requirements for applying, processing, approving, and maintaining licenses for buildings.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER B. APPLICATION PROCEDURES
26 TAC §§559.11, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.12 – 559.23, to outline the procedures, qualifications, and other requirements for applying for licenses for buildings.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER B. APPLICATION PROCEDURES
26 TAC §§559.12 – 559.23

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, to relocate rules pertaining to abuse and neglect.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER D. STANDARDS FOR LICENSURE
26 TAC §§559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.61 – 559.64, to delete old rules regarding compliance, reporting of abuse and neglect, and program requirements which have been replaced by new rules.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER D. STANDARDS FOR LICENSURE
26 TAC §§559.61 – 559.64

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.81, 559.83, 559.85, 559.87, to outline inspection requirements after a complaint has been received.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER E. INSPECTIONS, SURVEYS, AND VISITS
26 TAC §§559.81, 559.83, 559.85, 559.87

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.82 – 559.84, to delete replaced rules concerning inspections, referrals to the Attorney General, and inspection procedures of public records.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER E. INSPECTIONS, SURVEYS, AND VISITS
26 TAC §§559.82 – 559.84

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.91, 559.93, 559.95, 559.97, 559.99, to update a reference and relocate rules pertaining to reportable abuse, neglect, or exploitation, and information about complaint investigation.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER F. ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
26 TAC §§559.91, 559.93, 559.95, 559.97, 559.99

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.92 – 559.95, to delete unnecessary rules regarding reportable abuse, neglect, and exploitation and complaint investigation.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER F. ABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
26 TAC §§559.92 – 559.95

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.101, 559.103, 559.105, 559.107, to relocate rules regarding nonemergency suspension, revocation of a license, emergency suspensions and closing orders, and administrative penalties.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER G. ENFORCEMENT
26 TAC §§559.101, 559.103, 559.105, 559.107

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Adopting 26 TAC §§559.102 – 559.105, to delete unnecessary rules concerning nonemergency suspension, revocation of a license, emergency suspensions and closing orders, and administrative penalties.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER G. ENFORCEMENT
26 TAC §§559.102 – 559.105

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.3, 559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107.

New §559.3 is adopted with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). This rule will be republished.

The amendments to §§559.1, 559.11, 559.81, and 559.91; the repeal of §§559.2, 559.12 – 559.23, 559.61 – 559.64, 559.82 – 559.84, 559.92 – 559.95, and 559.102 – 559.105; and new §§559.13, 559.15, 559.17, 559.19, 559.21, 559.23, 559.25, 559.27, 559.29, 559.31, 559.33, 559.35, 559.37, 559.39, 559.50 – 559.53, 559.55, 559.57, 559.59, 559.61, 559.63, 559.65, 559.67, 559.69, 559.71, 559.73, 559.75, 559.77, 559.79, 559.83, 559.85, 559.87, 559.93, 559.95, 559.97, 559.99, 559.101, 559.103, 559.105, and 559.107, are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1385). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments, new sections, and repeals are necessary to comply with House Bill (H.B.) 1009 and H.B. 4696 from the 88th Legislature, Regular Session, 2023. The amendments, new sections, and repeals also reorganize rule sections so that key topics are easier to find, add clarity and specificity to rules, and update references throughout the chapter.

Transferred Rules Re:

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters A through C to Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapters B and C.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters A through C are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapters B and C.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters F and H to Texas Administrative Code, Title 26, Part 1, Chapter 967, Client Care of Individuals Receiving Services at State Supported Living Centers, Subchapters B and C.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters F and H are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 967, Client Care of Individuals Receiving Services at State Supported Living Centers, Subchapters B and C.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter A, Standard Operating Procedures to Texas Administrative Code, Title 26, Part 1, Chapter 910, State Facility Business Operations and Chapter 930, Additional Rights of Individuals Receiving Services at State Facilities, Subchapter B, Personal Property of an Individual Receiving Services at a State Facility.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter A, Standard Operating Procedures are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 910, State Facility Business Operations and Chapter 930, Additional Rights of Individuals Receiving Services at State Facilities, Subchapter B, Personal Property of an Individual Receiving Services at a State Facility.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter D, Permanent Improvements Donated by Individuals or Community Groups to Texas Administrative Code, Title 26, Part 1, Chapter 901 Volunteer and Community Engagement at a State Facility, Subchapter C, Donating Permanent Improvements to a State Facility.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter D, Permanent Improvements Donated by Individuals or Community Groups are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 901 Volunteer and Community Engagement at a State Facility, Subchapter C, Donating Permanent Improvements to a State Facility.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 40, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program to Texas Administrative Code, Title 26, Part 1, Chapter 285, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 40, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 285, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 60, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE) to Texas Administrative Code, Title 26, Part 1, Chapter 270, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE).

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 60, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE) are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 270, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE).

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 86, National Senior Services Corps Program to Texas Administrative Code, Title 26, Part 1, Chapter 214, National Senior Services Corps Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 86, National Senior Services Corps Program are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 214, National Senior Services Corps Program.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 98, Day Activity and Health Services Requirements, Subchapter H, Day Activity and Health Services (DAHS) Contractual Requirements are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 211, Day Activity and Health Services (DAHS) Contractual Requirements.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 98, Day Activity and Health Services Requirements, Subchapter H, Day Activity and Health Services (DAHS) Contractual Requirements are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 211, Day Activity and Health Services (DAHS) Contractual Requirements.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal of the chapter concerning Medicaid Eligibility for Women, Children, Youth, and Needy Families.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:

Chapter 366, Medicaid Eligibility for Women, Children, Youth, and Needy Families

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the Children’s Autism Program.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 358, Children’s Autism Program

Adopted Rule Reviews Re:

Adopting Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning the Family Violence Program

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Aging and Disability Services (DADS), adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:

Chapter 356, Family Violence Program

In Addition Re:

Public Notice – Texas State Plan for Medical Assistance Amendment

The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0018 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to create a new temporary non-preferred prior authorization (PA) requirement for certain new-to-market drugs newly added to the Vendor Drug Program (VDP) formulary. HHSC would apply this requirement when the drug is added to the formulary and prior to the Drug Utilization Review Board’s review. This requirement would apply only to new-to-market drugs that belong in an existing preferred drug list (PDL) class or subclass. Today, when HHSC adds a drug to the formulary, it is available without a PDL PA until the Drug Utilization Review Board reviews the drug. HHSC is implementing this change as a result of Texas Government Code Section 531.072(h) as added by House Bill 3286, 88th Texas Legislature. The proposed amendment is effective September 1, 2025.

Texas Department of Aging and Disability Services

Transferred Rules Re:

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters A through C to Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapters B and C.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters A through C are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapters B and C.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters F and H are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 967, Client Care of Individuals Receiving Services at State Supported Living Centers, Subchapters B and C.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapters F and H are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 967, Client Care of Individuals Receiving Services at State Supported Living Centers, Subchapters B and C.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter A, Standard Operating Procedures to Texas Administrative Code, Title 26, Part 1, Chapter 910, State Facility Business Operations and Chapter 930, Additional Rights of Individuals Receiving Services at State Facilities, Subchapter B, Personal Property of an Individual Receiving Services at a State Facility.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter A, Standard Operating Procedures are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 910, State Facility Business Operations and Chapter 930, Additional Rights of Individuals Receiving Services at State Facilities, Subchapter B, Personal Property of an Individual Receiving Services at a State Facility.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter D, Permanent Improvements Donated by Individuals or Community Groups are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 901 Volunteer and Community Engagement at a State Facility, Subchapter C, Donating Permanent Improvements to a State Facility.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rules in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter D, Permanent Improvements Donated by Individuals or Community Groups are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 901 Volunteer and Community Engagement at a State Facility, Subchapter C, Donating Permanent Improvements to a State Facility.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 40, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 285, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 40, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 285, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 60, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE) are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 270, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE).

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 60, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE) are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 270, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE).

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 86, National Senior Services Corps Program are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 214, National Senior Services Corps Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 86, National Senior Services Corps Program are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 214, National Senior Services Corps Program.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 98, Day Activity and Health Services Requirements, Subchapter H, Day Activity and Health Services (DAHS) Contractual Requirements are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 211, Day Activity and Health Services (DAHS) Contractual Requirements.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 98, Day Activity and Health Services Requirements, Subchapter H, Day Activity and Health Services (DAHS) Contractual Requirements are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 211, Day Activity and Health Services (DAHS) Contractual Requirements.

The rules will be transferred in the Texas Administrative Code effective July 31, 2024.

Proposed Rule Reviews:

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the Memorandum of Understanding with Other State Agencies.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 72, Memorandum of Understanding with Other State Agencies

Texas Department of State Health Services

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Public Health Improvement Grants.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 83, Public Health Improvement Grants