Texas Register Table of Contents
- 1 The Governor
- 2 Health and Human Services Commission
- 2.0.1 Emergency Rules Re:
- 2.0.1.1 New 26 TAC §551.46, describing requirements to mitigate and contain COVID-19 in an intermediate care facility for individuals with an intellectual disability (ICF/IID) or related condition.
- 2.0.1.2 New 26 TAC §553.2001, requiring assisted living facilities actions to mitigate and contain COVID-19.
- 2.0.2 Adopted Rules Re:
- 2.0.1 Emergency Rules Re:
- 3 Department of Aging and Disability Services
The Governor
Appointments Re:
The Governor appointed one individual to the Texas Council for Developmental Disabilities.
Appointments for April, 1 2022
Appointed to the Texas Council for Developmental Disabilities, for a term to expire February 1, 2027:
- William L. “Bill” Coorsh of Houston, Texas (replacing Randell K. Resneder of Lubbock, who is deceased).
Health and Human Services Commission
Emergency Rules Re:
CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER C. STANDARDS FOR LICENSURE
40 TAC §9.597
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Part 1, Texas Administrative Code, Chapter 551, Subchapter C, new §551.46, concerning an emergency rule to mitigate and contain COVID-19 in an intermediate care facility for individuals with an intellectual disability (ICF/IID) or related condition.
HHSC is adopting an emergency rule to mitigate and contain COVID-19. The purpose of the new rule is to describe requirements for ICF/IID Provider Response to COVID-19.
BACKGROUND AND JUSTIFICATION
As authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.
The purpose of this emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for ICF/IID Provider Response to COVID-19 – Mitigation.
New 26 TAC §553.2001, requiring assisted living facilities actions to mitigate and contain COVID-19.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER K. COVID-19 RESPONSE
26 TAC §553.2001
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC or Commission) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 553, Licensing Standards for Assisted Living Facilities, new §553.2001, concerning an emergency rule in response to COVID-19 and requiring assisted living facility actions to mitigate and contain COVID-19.
HHSC is adopting an emergency rule to require assisted living facility actions to mitigate and contain COVID-19. The purpose of the new rule is to describe these requirements.
BACKGROUND AND JUSTIFICATION
As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.
The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Assisted Living Facility COVID-19 Response.
Adopted Rules Re:
New 26 TAC §§561.1 – 561.9, updating and relocating the Employee Misconduct Registry (EMR) rules from 40 TAC Chapter 93 to 26 TAC Chapter 561.
CHAPTER 561. EMPLOYEE MISCONDUCT REGISTRY
26 TAC §§561.1 – 561.9
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 561 in Title 26, Part 1, of the Texas Administrative Code (TAC), concerning Employee Misconduct Registry (EMR). The new chapter consists of §§561.1, 561.2, 561.3, 561.4, 561.5, 561.6, 561.7, 561.8, and 561.9.
The new rules are adopted without changes to the proposed text as published in the December 24, 2021, issue of the Texas Register (46 Tex Reg 8900). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the new rules is to update and relocate the Employee Misconduct Registry (EMR) rules from 40 TAC Chapter 93 to 26 TAC Chapter 561. The relocation of the rules is necessary to implement Senate Bill 200, 84th Legislature, Regular Session, 2015, which transferred the functions of the Department of Aging and Disability Services (DADS) to HHSC, effective September 1, 2017. The repeal is adopted elsewhere in this issue of the Texas Register.
Department of Aging and Disability Services
Adopted Rules Re:
Repealing 40 TAC §§93.1 – 93.9 to update and relocate the rules to be adopted under the HHSC.
CHAPTER 93. EMPLOYEE MISCONDUCT REGISTRY (EMR)
40 TAC §§93.1 – 93.9
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 40, Part 1, Chapter 93, concerning Employee Misconduct Registry, consisting of §§93.1, 93.2, 93.3, 93.4, 93.5, 93.6, 93.7, 93.8, and 93.9.
The repeals are adopted without changes to the proposed text as published in the December 24, 2021, issue of the Texas Register (46 Tex Reg 8992). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals allow the rules to be updated and relocated to Texas Administrative Code, Title 26, Part 1, Chapter 561. The relocation is necessary to implement Senate Bill 200, 84th Legislature, Regular Session, 2015, which transferred the functions of the Department of Aging and Disability Services (DADS) to HHSC, effective September 1, 2017.
New rules replacing Title 40, Part 1, Chapter 93, are being adopted simultaneously elsewhere in this issue of the Texas Register.