The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§97.2, 97.11, 97.19, 97.241, and 97.283; and adopts new §97.223 in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies, without changes to the proposed text published in the September 8, 2006, issue of the Texas Register (31 TexReg 7289).

The amendments and new section are adopted to set forth criteria that will be used to determine if a conviction will be a bar to a home and community support services agency (agency) licensure or participation in agency management. The amendments are adopted to add definitions, correct a cross-reference, and eliminate some of the offenses that are bars to agency licensure in current rule language. The adopted amendments move the list of relevant crimes to a new section on offenses barring agency licensure or participation in agency management. The amendments are also adopted to make certain denials of an initial license or renewal of a license discretionary, rather than mandatory. The amendment to §97.283 is adopted to add the specific provisions that an agency must follow in accordance with the Advance Directives Act, Health and Safety Code, Chapter 166.

DADS received a comment from the Texas Association for Home Care in support of the adoption.

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, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Health and Safety Code, Chapter 142, which provides the Aging and Disability Services Council with the authority to make recommendations regarding rules governing licensing and regulation of home and community support services agencies.