The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §90.3, concerning definitions, §90.11, concerning criteria for licensing, and §90.17, concerning criteria for denying a license or renewal of a license, in Chapter 90, Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions, without changes to the proposed text published in the May 28, 2010, issue of the Texas Register (35 TexReg 4350).

The amendments are adopted to implement Senate Bill 643, 81st Legislature, Regular Session, 2009, which amended Texas Health and Safety Code Chapter 252 to define "controlling person" as it relates to obtaining a license to operate a facility. The amendments replace the terms "affiliate," "person with a disclosable interest," and "manager" with the term "controlling person" and add a definition of "license holder." The amendments also extend the review period of a person applying for an initial or renewal license from two years to five years.

DADS received no comments regarding adoption of the amendments.

The amendment is adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Health and Safety Code, Chapter 252, which authorizes DADS to license and regulate intermediate care facilities for persons with mental retardation or related conditions.