The Texas Health and Human Services Commission (HHSC) adopts amendments to §90.3, concerning Definitions; and §90.16, concerning Change of Ownership and Notice of Changes, in Chapter 90, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions. The amendment to §90.16 is adopted without changes. The amendment to §90.3 is adopted with changes to the proposed text as published in the April 7, 2017, issue of the Texas Register. (42 TexReg 1860).

BACKGROUND AND JUSTIFICATION

The adopted rules revise requirements related to a change of ownership of a license holder for an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID). Under the adopted rules, a change of ownership occurs when the federal taxpayer identification number of a license holder changes. When this occurs, a license holder is required to apply for a new license. If the ownership structure of the license holder changes but the license holder is the same legal entity, as evidenced by having the same federal tax identification number, the license holder is not required to apply for a new license. The adopted rules require a license holder that does not undergo a change of ownership but adds an owner with a disclosable interest to notify HHSC of the addition no later than 30 days after the addition of the owner.

The adopted rules add definitions for terms related to a change of ownership and ownership interests. The adopted rules also allow HHSC to conduct a desk review instead of an on-site health survey if the applicant for a license resulting from a change of ownership meets certain requirements.

A change was made in §90.3, concerning Definitions, to the definition of "change of ownership" to clarify that any event that results in a change to the federal taxpayer identification number of the license holder of an ICF/IID is considered a change of ownership.

COMMENTS

The 30-day comment period ended May 7, 2017.

During this period, HHSC did not receive any comments regarding adoption of the amendments.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code, §531.0055, which requires the HHSC executive commissioner to adopt rules for the operation and provision of health and human services; and Texas Health and Safety Code, §252.008, which requires the HHSC executive commissioner to adopt rules related to the licensure an ICF/IID.