The Texas Department of Human Services (DHS) proposes to amend §92.10, concerning criteria for licensing, §92.14, increase in capacity, §92.17, concerning criteria for denying a license or renewal of a license, and new §92.23, concerning relocation, in its Licensing Standards for Assisted Living Facilities chapter.

The purpose of the amendment to §92.10 is to clearly inform providers of the information they must disclose to DHS, which is consistent with the criteria DHS may use to deny a license or renewal of a license. The applicant must disclose any state or federal criminal convictions for any offense that imposes a penalty of incarceration. The requirement to disclose convictions of "moral turpitude" has been removed, because there is no clear definition of moral turpitude. The purpose of the amendments to §92.14 and §92.17 is to correct a reference. The purpose of new section §92.23 is to incorporate current internal procedures for handling licensure requirements when an assisted living facility relocates to a different location.

James R. Hine, Commissioner, has determined that for the first five-year period the section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Hine also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of adoption of the proposed rule will be clear guidance to providers regarding the information that must be disclosed on the application submitted to DHS. There will be no adverse economic effect on small or micro businesses, because the amendment will provide clear instructions to applicants on background information that must be provided on initial or renewal applications. There is no anticipated economic cost to persons who are required to comply with the proposed section. There is no anticipated effect on local employment in geographic areas affected by this section.

Questions about the content of this proposal may be directed to Jeanoyce Wilson at (512) 438-2353 in DHS's Long-Term Care Policy section. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-057, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

Under §2007.003(b) of the Texas Government Code, DHS has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, DHS is not required to complete a takings impact assessment regarding these rules.

The amendments and new section are proposed under the Health and Safety Code, Chapter 247, which authorizes DHS to license and regulate assisted living facilities.

The amendments and new section implement the Health and Safety Code, §§247.001-247.068.