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, 97.21, 97.241, 97.244, and the repeal of §97.223 in Chapter 97, Licensing Standards for Home and Community Support Services Agencies, without changes to the proposed text published in the April 17, 2009, issue of the Texas Register (34 TexReg 2513).

The amendments are adopted by HHSC, on behalf of DADS, as part of a project adopting a new Chapter 99 governing criminal convictions barring licensure for nursing facilities, assisted living facilities, adult day care facilities, intermediate care facilities for persons with mental retardation and home and community support services agencies (HCSSAs), which is published elsewhere in this issue of the Texas Register. DADS is adopting these amendments to the licensing rules for HCSSAs to reference new Chapter 99 and a repeal of a section in the HCSSA rules governing criminal offenses that may constitute a bar to licensure, because those offenses are listed in Chapter 99.

DADS received no comments regarding adoption of the amendments and repeal.

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 authorizes DADS to license and regulate HCSSAs.