The Texas Health and Human Services Commission (HHSC) adopts amendments to §§90.3, 90.50, 90.61, and 90.74 in Texas Administrative Code, Title 40, Chapter 90, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions. The amendments are adopted without changes to the proposed text as published in the March 31, 2017, issue of the Texas Register (42 TexReg 1728), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

The Centers for Medicare & Medicaid Services (CMS) adopted a rule that made the 2012 edition of two publications of the National Fire Protection Association (NFPA)-the Life Safety Code (NFPA 101) and the Health Care Facilities Code (NFPA 99)-apply to an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID). Therefore, the adopted amendments refer to the 2012 editions of those publications and make references to the publications consistent throughout the amended sections. Consistent with the CMS rule, the amendments allow an existing small facility until July 5, 2019, to be in compliance with the NFPA provisions in Chapter 33 regarding sprinklers and heat detection systems in attics.

COMMENTS

The 30-day comment period ended May 1, 2017.

During this period, DADS and HHSC received one comment regarding the proposed rules from a member of the public. A summary of the comment relating to the rule and DADS response follows.

Comment: Regarding proposed §90.3, Definitions, the commenter noted that the definition of "renovation" includes painting whereas the 2012 edition of the Life Safety Code (43.2.2.1.1 in Chapter 43 of NFPA 101) indicates that painting is a "repair." The commenter suggested the deletion of the definitions of "remodeling" and "renovation" in §90.3 and the replacement of each with a reference to Chapter 43 of the 2012 edition of the Life Safety Code (NFPA 101). The commenter also stated that Chapter 43 of NFPA 101 has definitions of repair, renovation, modification, reconstruction, change of use, change of occupancy classification, and addition.

Response: HHSC declines to delete the definitions of "remodeling" and "renovation" in §90.3 because both terms are used in Chapter 90 and the definitions are useful to clarify the rules. In addition, HHSC notes that the definitions in §90.3 are specific to Chapter 90, while the definitions of terms in NFPA 101 apply when those terms are used in that publication. HHSC does not believe that the definitions of these terms conflict.

STATUTORY AUTHORITY

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; Texas Government Code, §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code, §32.021, which provides that HHSC shall adopt necessary rules for the proper and efficient operation of the Medicaid program.