The Texas Department of Human Services (DHS) proposes amendments to §92.4, concerning types of assisted living facilities; §92.20, concerning license fees; §92.41, concerning standards for Type A and Type B assisted living facilities; and proposes new §92.71, concerning introduction and application: Type E facilities; and §92.72, concerning general requirements: Type-E facilities, in its Licensing Standards for Assisted Living Facilities chapter. The purpose of the amendments and new sections is to establish a separate assisted living licensure category for facilities serving persons who need assistance only with medications and general supervision as required by Health and Safety Code §247.030. The proposed rules provide a different category of Life Safety Code requirements, more appropriate for a population which is fully capable of evacuation unassisted and is not medically frail. The proposal also adds staff training requirements that address this population's unique needs in the areas of medication and behavior.

Eric M. Bost, commissioner, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Bost also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to enable more facilities to seek licensure, which will enable DHS to provide more oversight and protection for their residents. The proposed rules relax the current Life Safety Code requirements, which were designed to protect the frail elderly, particularly in the case of a fire. Many facilities currently serving persons needing assistance only with medications are unlicensed because meeting the current structural requirements can be quite costly. There will be no effect on large, small, or micro businesses because the proposed rules are less stringent than the current rules. Complying with them will be less costly than complying with the current rules. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Questions about the content of this proposal may be directed to Susan Syler at (512) 438-3111 in DHS's Long Term Care Section. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-214, 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, the department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.

The amendment is proposed under the Health and Safety Code, Chapter 247, which authorizes the department to license assisted living facilities.

The amendment implements the Health and Safety Code, Chapter 247.001-247.066.