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 Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate.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. Texas Government Code, §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1.

Therefore, the Executive Commissioner of HHSC adopts amendments to §92.4, concerning License Fees; §92.20, concerning Provisional License; and §92.51, concerning Certification of a Facility or Unit for Persons with Alzheimer's Disease and Related Disorders, and the repeal of §92.15, Renewal Procedures and Qualifications, without changes to the proposed text as published in the June 22, 2018, issue of the Texas Register (43 TexReg 4144). These rules therefore will not be republished. The Executive Commissioner of HHSC adopts new §92.15, Renewal Procedures and Qualifications, and amended §92.81, concerning Inspections and Surveys, with changes to the proposed text as published in the June 22, 2018, issue of the Texas Register (43 TexReg 4144).

BACKGROUND AND JUSTIFICATION

The rules are necessary to implement the part of House Bill 2025, 85th Legislature, Regular Session, 2017, that increased the term of a license for an assisted living facility from two years to three years. The rules extend the licensing period to three years for an initial license and create a system under which existing licenses expire on staggered dates to extend the licensing period for renewal licenses to three years. The adopted rules extend the length of certification for an Alzheimer's facility or unit from two years to three years as well. In addition, the adopted rules prorate license fees as appropriate and provide that at least one inspection will be conducted at an assisted living facility every two years after initial licensure inspection.

The rules use "HHSC", instead of "DADS", to reflect that DADS was abolished effective September 1, 2017, and its functions were transferred to HHSC.

COMMENTS

The 30-day comment period ended July 22, 2018.

During this period, HHSC did not receive public comments regarding the proposed rules. However, HHSC added missing punctuation to proposed §92.15(f). HHSC also removed the specific subsection and paragraph references from the cross reference in §92.81(b) and made the word "inspection" plural, so that the cross-reference encompasses the two types of pre-licensure inspections in §92.14.

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 system; and Texas Health and Safety Code, §§247.023, 247.024, and 247.025, which respectively require the Executive Commissioner by rule to adopt a system for staggered three-year license expiration; to set license fees imposed by Texas Health and Safety Code, Chapter 247, in reasonable amounts not to exceed $2,250; and to otherwise adopt rules necessary to implement Chapter 247, including rules for licensure of assisted living facilities.