28 Nov 2021

Texas Register – November 26, 2021 Volume: 46 Number: 48

by | posted in: Governor, Texas Board of Physical Therapy Examiners, Texas Department of State Health Services, Texas Department on Aging and Disability Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

The Governor

Appointments Re:

The Governor appoints Francis H. Wright, Jr., M.D. as presiding officer of the Chronic Kidney Disease Task Force.

Appointments for November 17, 2021

Designated as presiding officer of the Chronic Kidney Disease Task Force, for a term to expire at the pleasure of the Governor, Francis H. Wright, Jr., M.D. of San Antonio (Dr. Wright is replacing Francisco G. Cigarroa, M.D. of San Antonio as presiding officer).

Department of State Health Services

Emergency Rules Re:

Renewing 25 TAC §97.7 to add COVID-19 to the list of diseases requiring exclusion from schools and to provide readmission criteria.

CHAPTER 97. COMMUNICABLE DISEASES
SUBCHAPTER A. CONTROL OF COMMUNICABLE DISEASES
25 TAC §97.7

OVERVIEW

The Department of State Health Services is renewing the effectiveness of emergency amended §97.7 for a 60-day period. The text of the emergency rule was originally published in the August 13, 2021, issue of the Texas Register (46 Tex Reg 4922).

HHSC is renewing an emergency rule amendment to §97.7 to add the COVID-19 disease to the list of diseases requiring exclusion from schools and to provide readmission criteria. The purpose of this amendment is to identify COVID-19 as a disease that requires exclusion from school and to provide readmission criteria.

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 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. DSHS and HHSC accordingly find that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this amendment to §97.7.

Texas Board of Physical Therapy Examiners

Proposed Rules Re:

Amending 22 TAC §329.3 to change the duration of a temporary license to the issuance of the permanent license.

CHAPTER 329. LICENSING PROCEDURE
22 TAC §329.3

OVERVIEW

The Texas Board of Physical Therapy Examiners proposes amending §329.3. Temporary Licensure, subsection (a)(3) relating to the duration of a valid temporary license.

BACKGROUND AND JUSTIFICATION

The amendment is proposed in order to realign the duration of a temporary license to the issuance of the permanent license instead of until the score report is received from the board as applicants receive their National Physical Therapy Examination (NPTE) score report directly from the Federation of State Boards of Physical Therapy (FSBPT) and not from the board.

Health and Human Services Commission

Proposed Rules Re:

Amending 26 TAC §551.2, §551.3 to update the fee schedule and definitions relating to intermediate care facilities for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER A. INTRODUCTION
26 TAC §551.2, §551.3

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.2, 551.3, in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed amendments to §551.20, Plan Review Fees, update the fee schedule and references and add clarifying language.
  • The proposed amendment to §551.3, Definitions, adds definitions for “active treatment,” “communicable disease,” “emergency situation,” “guardian,” “health authority,” “key infectious agents,” “multidrug-resistant organisms,” “online portal,” “potential for more than minimal harm,” “rapid influenza diagnostic test,” “receiving facility,” “relocation,” and acronyms used in the rules; and amends and deletes definitions no longer needed.
Amending 26 TAC §§551.42 – 551.45, 551.50 to clarify standards for licensure and other training requirements for intermediate care facilities for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER C. STANDARDS FOR LICENSURE
26 TAC §§551.42 – 551.45, 551.50

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.42 – 551.45, 551.50, in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed amendments to §551.42, Standards for Facilities Serving Individuals with an Intellectual Disability or Related Conditions, add active treatment facility requirements that are consistent with federal regulations, make new providers responsible for taking required training, and require an ICF/IID to add other reportable incidents to policies and procedures for reporting abuse, neglect, and exploitation. Proposed §551.42(e)(8) implements H.B. 1848 to bring the state rules in line with federal requirements and clarify infection control requirements. Subsection (e)(8) consolidates infection and control requirements in one place.
  • The proposed amendments to §551.50, Emergency Preparedness and Response, move the terms “emergency situation” and “receiving facility” to §551.3, Definitions, change how often an ICF/IID must evaluate its emergency preparedness and response plan from at least annually to at least every two years, for consistency with Centers for Medicaid & Medicare Services requirements, and add form numbers for fire reports.
Amending 26 TAC §551.191, §551.192 to update procedural requirements for inspections, surveys, and visits related to intermediate care facilities for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER F. INSPECTIONS, SURVEYS, AND VISITS
26 TAC §551.191, §551.192

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.191, 551.192, in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed amendments to §551.191, Procedural Requirements, list what types of inspections HHSC may announce in advance. The proposed amendments remove language concerning two-year licensing periods because all ICF/IID licenses will be for a three-year period.
  • The proposed amendments to §551.192, Determinations and Actions Pursuant to Inspections, Surveys, or Investigations, remove the requirement for HHSC staff to leave a list of violations at the end of an inspection, survey, or investigation, and instead require HHSC staff to leave a list of preliminary findings.
Amending 26 TAC §§551.212 – 551.215 and repealing §551.217 to clarify reporting requirements related to abuse, neglect, and exploitation for intermediate care facilities for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER G. ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
26 TAC §§551.212 – 551.215, §551.217

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.212 – 551.215; and the repeal of §551.217, in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed amendments to §551.212, Reporting Abuse, Neglect, and Exploitation to DFPS, clarify what certain incidences of abuse, neglect, and exploitation, as defined in 26 TAC Chapter 711, must be reported to DFPS.
  • The proposed amendments to §551.213, Reporting Incidents to HHSC, change the title of the section to clarify that incidents must be reported to HHSC, provide who should receive reports, and state that a facility can make a report on a form prescribed by HHSC or a form containing, at a minimum, the information in HHSC’s form.
  • The proposed repeal of §551.217, Reporting of Resident Death Information, removes the rule as no longer necessary. The requirements are in §551.213.
Amending 26 TAC §§551.231 – 551.241 to clarify enforcement mechanisms for intermediate care facilities for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER H. ENFORCEMENT
26 TAC §§551.231 – 551.241

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.231 – 551.241, in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed amendments to §551.236, Administrative Penalties, add limits for the total amount of administrative penalties to an on-site regulatory visit or a complaint investigation, regardless of the duration of ongoing violations. The total amount cannot exceed $5,000 for a facility with a capacity of less than 60 residents and $25,000 for a facility with a capacity of 60 or more residents. The language was added pursuant to H.B. 3720, which amended Texas Health and Safety Code, Chapter 252, to set the maximum amount of an administrative penalty that can be assessed at each regulatory visit or complaint investigation.
Amending 26 TAC §§551.281, 551.283 – 551.287 to describe respite care requirements for intermediate care facilities for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER J. RESPITE CARE
26 TAC §§551.281, 551.283 – 551.287

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.281, 551.283, 551.285 – 551.287, in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed repeal of §551.284, Notification, removes the section because the information concerning respite care is no longer collected.
Amending 26 TAC §§551.321, 551.323, 551.324, 551.326, and 551.327 to update requirements for individuals with an intellectual disability or related conditions.

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER L. PROVISIONS APPLICABLE TO FACILITIES GENERALLY
26 TAC §§551.321, 551.323, 551.324, 551.326, 551.327

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§551.321, 551.323, 551.324, 551.326, and 551.327; in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

BACKGROUND AND JUSTIFICATION

The purpose of the amendments and repeals is to implement the changes made to Texas Health and Safety Code, Chapter 81, by House Bill (H.B.) 1848, 86th Legislature, Regular Session, 2019 and changes made to Texas Health and Safety Code, Chapter 252, by H.B. 3720, 87th Legislature, Regular Session, 2021. H.B. 1848 amends the requirements of a long-term care facility’s infection prevention and control program to include monitoring key infectious agents including multidrug-resistant organisms and procedures for making rapid influenza diagnostic tests available to facility residents. H.B. 3720 sets the maximum amount of an administrative penalty that can be assessed for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations.

Additionally, the amendments and repeals reflect the transition from paper applications to the use of the online licensure portal, called the Texas Unified Licensure Information Portal (TULIP), and clarify other processes relating to licensure. The amendments and repeals also update rule language to reflect the administrative transfer of the rules from 40 TAC Chapter 90 and the change of regulating agency from the Department of Aging and Disability Services (DADS) to the Health and Human Services Commission (HHSC).

SECTION-BY-SECTION SUMMARY

The amendments to the sections listed in this paragraph are non-substantive and contain updates to citations, agency names, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure. Sections with only non-substantive updates include:

  • §551.2, Scope;
  • §551.14, Increase in Capacity;
  • §551.18, Informal Reconsideration;
  • §551.21, Time Periods for Processing License Applications;
  • §551.22, Relocation;
  • §551.43, Administration of Medication;
  • §551.44, Trauma-Informed Care Training;
  • §551.45, Wheelchair Self-Release Seat Belts;
  • §551.60, Construction and Initial Survey of Completed Construction;
  • §551.62, Site and Grounds;
  • §551.63, Fire Service;
  • §551.64, Means of Egress;
  • §551.65, Fire Alarms, Detection Systems, and Sprinkler Systems;
  • §551.66, Portable Fire Extinguishers;
  • §551.67, Accessibility Provisions;
  • §551.68, Architectural Space Planning;
  • §551.69, Storage Requirements (All Facilities);
  • §551.71, Plumbing (All Facilities);
  • §551.72, Maintenance (All Facilities);
  • §551.73, Environmental Services;
  • §551.75, Plans, Approvals, and Construction Procedures;
  • §551.214, Protection of Residents After Report of Abuse, Neglect, and Exploitation;
  • §551.215, Employee Statement;
  • §551.231, Warning Letter;
  • §551.232, License Suspension;
  • §551.233, Revocation;
  • §551.234, Emergency License Suspension and Closing Order;
  • §551.235, Referral to the Attorney General;
  • §551.237, Appointment of a Trustee by Agreement;
  • §551.238, Involuntary Appointment of a Trustee;
  • §551.239, Notification of Closure;
  • §551.240, Right to Correct;
  • §551.241, Amelioration of Violation;
  • §551.281, Generally;
  • §551.283, Plan of Care;
  • §551.285, Inspections;
  • §551.286, Suspension;
  • §551.287, Licensed Capacity;
  • §551.321, Determination of Employability;
  • §551.324, Emergency Medication Kit;
  • §551.326, Required Postings; and
  • §551.327, Notice of Changes in Key Personnel.

All sections with substantive amendments also update citations, agency names, or terminology; correct minor grammatical or punctuation errors; or revise sentence structure in addition to the substantive amendments described below.

  • The proposed amendments to §551.323, Procedures for Inspection of Public Records, change the name of the area responsible for receiving and responding to requests for public records, update the address, and add an email address.

Adopted Rules Re:

New 26 TAC §304.101 and §304.102, describing the purpose of the diagnostic assessment chapter.

CHAPTER 304. DIAGNOSTIC ASSESSMENT
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §304.101, §304.102

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new Chapter 304 of Title 26 of the Texas Administrative Code (TAC), including §§304.101, concerning Purpose; 304.102, concerning Definitions; 304.201, concerning Use of Information from a DID or Diagnostic Assessment; 304.202, concerning Request for a Determination of Intellectual Disability; 304.203, concerning Right to an Independent Determination of Intellectual Disability or Administrative Hearing; 304.301, concerning Qualifications and Requirements for an Authorized Provider; 304.302, concerning Certified Authorized Provider; 304.401, concerning Conducting a Determination of Intellectual Disability; 304.402, concerning The Determination of Intellectual Disability Report; 304.403, concerning Review and Endorsement of a Determination of Intellectual Disability Report; 304.404, concerning Elements of a Transfer; 304.502, concerning Related Condition; and 304.503, concerning Autism Spectrum Disorder.

Sections 304.102, 304.201, 304.203, 304.302, 304.401, 304.402, 304.403, 304.404, 304.502, and 304.503 are adopted with changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will be republished.

Sections 304.101, 304.202, and 304.301 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code (TAC) to consolidate rules currently in Titles 1, 25, and 40, that govern functions of HHSC. As part of the consolidation into Title 26, HHSC adopts new rules in Chapter 304 of Title 26 to replace rules in Title 40, Chapter 5, Subchapter D, Diagnostic Assessment. The repeal of the rules in Title 40, Chapter 5, Subchapter D are published elsewhere in this issue of the Texas Register.

The adopted new rules are substantially similar to the repealed rules in Title 40, Chapter 5, Subchapter D. The adopted rules update licensure requirements for authorized providers who are employed by or contract with local intellectual and developmental disability authorities (LIDDAs) or state supported living centers (SSLCs); expand the types of certified authorized providers who are responsible for completing determinations of intellectual disability (DID); update diagnostic and other terminology while aligning with HHSC technical guidelines; clarify the right to an administrative hearing; and address requirements in the rule that are unrelated to diagnostic responsibilities.

New 26 TAC §§304.201 – 304.203, describing requirements for the determination of an intellectual disability.

CHAPTER 304. DIAGNOSTIC ASSESSMENT
SUBCHAPTER B. PURPOSE OF THE DETERMINATION OF INTELLECTUAL DISABILITY
26 TAC §§304.201 – 304.203

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new Chapter 304 of Title 26 of the Texas Administrative Code (TAC), including §§304.101, concerning Purpose; 304.102, concerning Definitions; 304.201, concerning Use of Information from a DID or Diagnostic Assessment; 304.202, concerning Request for a Determination of Intellectual Disability; 304.203, concerning Right to an Independent Determination of Intellectual Disability or Administrative Hearing; 304.301, concerning Qualifications and Requirements for an Authorized Provider; 304.302, concerning Certified Authorized Provider; 304.401, concerning Conducting a Determination of Intellectual Disability; 304.402, concerning The Determination of Intellectual Disability Report; 304.403, concerning Review and Endorsement of a Determination of Intellectual Disability Report; 304.404, concerning Elements of a Transfer; 304.502, concerning Related Condition; and 304.503, concerning Autism Spectrum Disorder.

Sections 304.102, 304.201, 304.203, 304.302, 304.401, 304.402, 304.403, 304.404, 304.502, and 304.503 are adopted with changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will be republished.

Sections 304.101, 304.202, and 304.301 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code (TAC) to consolidate rules currently in Titles 1, 25, and 40, that govern functions of HHSC. As part of the consolidation into Title 26, HHSC adopts new rules in Chapter 304 of Title 26 to replace rules in Title 40, Chapter 5, Subchapter D, Diagnostic Assessment. The repeal of the rules in Title 40, Chapter 5, Subchapter D are published elsewhere in this issue of the Texas Register.

The adopted new rules are substantially similar to the repealed rules in Title 40, Chapter 5, Subchapter D. The adopted rules update licensure requirements for authorized providers who are employed by or contract with local intellectual and developmental disability authorities (LIDDAs) or state supported living centers (SSLCs); expand the types of certified authorized providers who are responsible for completing determinations of intellectual disability (DID); update diagnostic and other terminology while aligning with HHSC technical guidelines; clarify the right to an administrative hearing; and address requirements in the rule that are unrelated to diagnostic responsibilities.

New 26 TAC §304.301, §304.302, outlining diagnostic requirements for authorized providers.

CHAPTER 304. DIAGNOSTIC ASSESSMENT
SUBCHAPTER C. AUTHORIZED PROVIDERS
26 TAC §304.301, §304.302

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new Chapter 304 of Title 26 of the Texas Administrative Code (TAC), including §§304.101, concerning Purpose; 304.102, concerning Definitions; 304.201, concerning Use of Information from a DID or Diagnostic Assessment; 304.202, concerning Request for a Determination of Intellectual Disability; 304.203, concerning Right to an Independent Determination of Intellectual Disability or Administrative Hearing; 304.301, concerning Qualifications and Requirements for an Authorized Provider; 304.302, concerning Certified Authorized Provider; 304.401, concerning Conducting a Determination of Intellectual Disability; 304.402, concerning The Determination of Intellectual Disability Report; 304.403, concerning Review and Endorsement of a Determination of Intellectual Disability Report; 304.404, concerning Elements of a Transfer; 304.502, concerning Related Condition; and 304.503, concerning Autism Spectrum Disorder.

Sections 304.102, 304.201, 304.203, 304.302, 304.401, 304.402, 304.403, 304.404, 304.502, and 304.503 are adopted with changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will be republished.

Sections 304.101, 304.202, and 304.301 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code (TAC) to consolidate rules currently in Titles 1, 25, and 40, that govern functions of HHSC. As part of the consolidation into Title 26, HHSC adopts new rules in Chapter 304 of Title 26 to replace rules in Title 40, Chapter 5, Subchapter D, Diagnostic Assessment. The repeal of the rules in Title 40, Chapter 5, Subchapter D are published elsewhere in this issue of the Texas Register.

The adopted new rules are substantially similar to the repealed rules in Title 40, Chapter 5, Subchapter D. The adopted rules update licensure requirements for authorized providers who are employed by or contract with local intellectual and developmental disability authorities (LIDDAs) or state supported living centers (SSLCs); expand the types of certified authorized providers who are responsible for completing determinations of intellectual disability (DID); update diagnostic and other terminology while aligning with HHSC technical guidelines; clarify the right to an administrative hearing; and address requirements in the rule that are unrelated to diagnostic responsibilities.

New 26 TAC §§304.401 – 304.404, detailing standards for the determination of intellectual disabilities.

CHAPTER 304. DIAGNOSTIC ASSESSMENT
SUBCHAPTER D. DETERMINATION OF INTELLECTUAL DISABILITY
26 TAC §§304.401 – 304.404

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new Chapter 304 of Title 26 of the Texas Administrative Code (TAC), including §§304.101, concerning Purpose; 304.102, concerning Definitions; 304.201, concerning Use of Information from a DID or Diagnostic Assessment; 304.202, concerning Request for a Determination of Intellectual Disability; 304.203, concerning Right to an Independent Determination of Intellectual Disability or Administrative Hearing; 304.301, concerning Qualifications and Requirements for an Authorized Provider; 304.302, concerning Certified Authorized Provider; 304.401, concerning Conducting a Determination of Intellectual Disability; 304.402, concerning The Determination of Intellectual Disability Report; 304.403, concerning Review and Endorsement of a Determination of Intellectual Disability Report; 304.404, concerning Elements of a Transfer; 304.502, concerning Related Condition; and 304.503, concerning Autism Spectrum Disorder.

Sections 304.102, 304.201, 304.203, 304.302, 304.401, 304.402, 304.403, 304.404, 304.502, and 304.503 are adopted with changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will be republished.

Sections 304.101, 304.202, and 304.301 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code (TAC) to consolidate rules currently in Titles 1, 25, and 40, that govern functions of HHSC. As part of the consolidation into Title 26, HHSC adopts new rules in Chapter 304 of Title 26 to replace rules in Title 40, Chapter 5, Subchapter D, Diagnostic Assessment. The repeal of the rules in Title 40, Chapter 5, Subchapter D are published elsewhere in this issue of the Texas Register.

The adopted new rules are substantially similar to the repealed rules in Title 40, Chapter 5, Subchapter D. The adopted rules update licensure requirements for authorized providers who are employed by or contract with local intellectual and developmental disability authorities (LIDDAs) or state supported living centers (SSLCs); expand the types of certified authorized providers who are responsible for completing determinations of intellectual disability (DID); update diagnostic and other terminology while aligning with HHSC technical guidelines; clarify the right to an administrative hearing; and address requirements in the rule that are unrelated to diagnostic responsibilities.

New 26 TAC §304.502, §304.503 describing diagnostic assessment requirements concerning Autism Spectrum Disorder and related conditions.

CHAPTER 304. DIAGNOSTIC ASSESSMENT
SUBCHAPTER E. INTELLECTUAL DISABILITY AND RELATED CONDITIONS
26 TAC §304.502, §304.503

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new Chapter 304 of Title 26 of the Texas Administrative Code (TAC), including §§304.101, concerning Purpose; 304.102, concerning Definitions; 304.201, concerning Use of Information from a DID or Diagnostic Assessment; 304.202, concerning Request for a Determination of Intellectual Disability; 304.203, concerning Right to an Independent Determination of Intellectual Disability or Administrative Hearing; 304.301, concerning Qualifications and Requirements for an Authorized Provider; 304.302, concerning Certified Authorized Provider; 304.401, concerning Conducting a Determination of Intellectual Disability; 304.402, concerning The Determination of Intellectual Disability Report; 304.403, concerning Review and Endorsement of a Determination of Intellectual Disability Report; 304.404, concerning Elements of a Transfer; 304.502, concerning Related Condition; and 304.503, concerning Autism Spectrum Disorder.

Sections 304.102, 304.201, 304.203, 304.302, 304.401, 304.402, 304.403, 304.404, 304.502, and 304.503 are adopted with changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will be republished.

Sections 304.101, 304.202, and 304.301 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4535). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code (TAC) to consolidate rules currently in Titles 1, 25, and 40, that govern functions of HHSC. As part of the consolidation into Title 26, HHSC adopts new rules in Chapter 304 of Title 26 to replace rules in Title 40, Chapter 5, Subchapter D, Diagnostic Assessment. The repeal of the rules in Title 40, Chapter 5, Subchapter D are published elsewhere in this issue of the Texas Register.

The adopted new rules are substantially similar to the repealed rules in Title 40, Chapter 5, Subchapter D. The adopted rules update licensure requirements for authorized providers who are employed by or contract with local intellectual and developmental disability authorities (LIDDAs) or state supported living centers (SSLCs); expand the types of certified authorized providers who are responsible for completing determinations of intellectual disability (DID); update diagnostic and other terminology while aligning with HHSC technical guidelines; clarify the right to an administrative hearing; and address requirements in the rule that are unrelated to diagnostic responsibilities.

In Addition Re:

Public Notice – Methodology for Determining Caseload Reduction Credit for the Temporary Assistance for Needy Families (TANF) Program for Federal Fiscal Year 2022

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to seek comments from the public on its estimate and methodology for determining the Temporary Assistance for Needy Families (TANF) Program caseload reduction credit for Federal Fiscal Year (FFY) 2022. HHSC will base the methodology on caseload reduction occurring from FFY 2005 to FFY 2021. This methodology and the resulting estimated caseload reduction credit will be submitted for approval to the United States Department of Health and Human Services, Administration for Children and Families.

BACKGROUND AND JUSTIFICATION

Section 407(b)(3) of the Social Security Act provides for a TANF caseload reduction credit, which gives a state credit for reducing its TANF caseload between a base year and a comparison year. To receive the credit, a state must complete and submit a report that, among other things, describes the methodology and the supporting data that the state used to calculate its caseload reduction estimates. See 45 C.F.R. §261.41(b)(5). Prior to submitting the report, the state must provide the public with an opportunity to comment on the estimate and methodology. See 45 C.F.R. §261.41(b)(6).

As the state agency that administers the TANF program in Texas, HHSC believes it is eligible for a caseload reduction credit and has developed the requisite estimate and methodology. HHSC hereby notifies the public of the opportunity to submit comments.

HHSC will post the methodology and the estimated caseload reduction credit on the HHSC website for FFY 2022 at https://hhs.texas.gov/about-hhs/records-statistics/data-statistics/temporary-assistance-needy-families-tanf-statistics by November 26, 2021. The public comment period begins November 26, 2021 and ends December 10, 2021.

Department of Aging and Disability Services

Adopted Rules Re:

Repealing 40 TAC §§5.151, 5.153 – 5.158, 5.161 to allow for the adoption of updated rules concerning diagnostic assessments for intellectual disabilities.

CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES–INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER D. DIAGNOSTIC ASSESSMENT
40 TAC §§5.151, 5.153 – 5.158, 5.161

OVERVIEW

As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and 531.02011. Rules of the former DADS codified in Title 40, Part 1 of the Texas Administrative Code (TAC) are being repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Therefore, the Executive Commissioner of HHSC adopts the repeal of §5.151, concerning Purpose; §5.153, concerning Definitions; §5.154, concerning Use of Information from a Diagnostic Assessment; §5.155, concerning Determination of Intellectual Disability (DID); §5.156, concerning Review and Endorsement of a DID; §5.157, concerning Autism Spectrum Disorder (ASD); §5.158, concerning Related Condition (RC); and §5.161, concerning Certified Authorized Provider. The Executive Commissioner of HHSC adopts new rules in 26 TAC Part 1, Chapter 304, concerning Diagnostic Assessment, elsewhere in this issue of the Texas Register.

The repeals of §§5.151, 5.153 – 5.158 and 5.161 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 Tex Reg 4679). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the adoption is to repeal the rules in 40 TAC Chapter 5, Subchapter D, Diagnostic Assessment. The new rules in 26 TAC Chapter 304 are substantially similar to these repealed rules and adopted elsewhere in this issue of the Texas Register.