The Texas Department of Human Services (DHS) adopts amendments to §92.10, §92.14, §92.17, and new §92.23 without changes to the proposed text published in the February 15, 2002, issue of the Texas Register (27 TexReg 1130).

Justification for 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 or renew 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. Justification for the amendments to §92.14 and §92.17 is to correct a reference. Justification for new §92.23 is to incorporate current internal procedures for handling licensure requirements when an assisted living facility relocates to a different location.

DHS received no comments regarding adoption of the amendments and new section.

The amendments and new section are adopted 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.