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 Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate.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 an amendment to §15.5, concerning Definitions, without changes to the proposed text published in the June 22, 2018, issue of the Texas Register (43 TexReg 4110). This rule therefore will not be republished. The executive commissioner of HHSC adopts an amendment to §15.1408, concerning Administrative Penalties, with changes to the proposed text published in the June 22, 2018, issue of the Texas Register (43 TexReg 4110).

BACKGROUND AND JUSTIFICATION

The rules are necessary to implement Texas Health and Safety Code, §248A.2515, as added by House Bill 2025, 85th Legislature, Regular Session, 2017, which requires HHSC to develop and use a system to record and track the scope and severity of licensure violations by a prescribed pediatric extended care center (PPECC) for the purpose of assessing an administrative penalty or taking enforcement action to deter future violations.

The rules also use "HHSC," rather than "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 relating to the proposed amendments to Chapter 15 rules.

However, HHSC made a change to proposed wording at adoption for consistency with a change to proposed wording made at adoption in another chapter in response to comment, because the same or similar rationale applied. Specifically, HHSC omitted the phrase "or in a very limited number of locations" from the adopted rule definition of the term "isolated" in §15.1408(a)(3). Omitting the reference to "locations" avoids misclassification of a violation as isolated when the violation occurs in a limited area but otherwise meets the definition of a "pattern of conduct" or "widespread in scope."

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, §248A.101, which requires the executive commissioner to adopt rules necessary to implement Chapter 248A, which provides for the licensure and regulation of prescribed pediatric extended care centers.