The Texas Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Aging and Disability Services (DADS), an amendment to §97.2; and new §97.202 in Chapter 97, Licensing Standards for Home and Community Support Services Agencies.

BACKGROUND AND PURPOSE

The purpose of the proposed amendment and new section is, in part, to implement House Bill 4001, 84th Legislature, Regular Session, 2015, which amends Texas Health and Safety Code, Chapter 142, governing home and community support services agencies (HCSSA). House Bill 4001 adds habilitation as a service that a HCSSA provides and defines "habilitation" as services described in Texas Government Code §534.001 that are delivered by a licensed HCSSA. Therefore, the proposed rules allow a licensed HCSSA to provide habilitation and require those services to be provided in accordance with Texas Administrative Code, Title 40, Chapter 97. The proposed rules do not require an entity providing habilitation to obtain a HCSSA license if the entity does not provide any other service for which a license is required-home health, hospice, or personal assistance services. The proposal also includes minor editorial changes for clarity and consistency.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §97.2 defines habilitation according to Texas Government Code §534.001. The proposed amendment uses the acronyms for alternate delivery site, end stage renal disease, legally authorized representative, and registered nurse as defined terms. The definitions of those terms were not changed, but they were reordered alphabetically. The proposed amendment also makes minor editorial changes.

The proposed new §97.202 states that if a HCSSA provides habilitation, the services must be provided in accordance with the minimum licensure standards in Chapter 97 and the specific standards that apply to the categories of service designated on the HCSSA's license.

FISCAL NOTE

David Cook, DADS Chief Financial Officer, has determined that, for the first five years the proposed amendment and new section are in effect, enforcing or administering the amendment and new section does not have foreseeable implications relating to costs or revenues of state or local governments.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS

DADS has determined that the proposed amendment and new section will not have an adverse economic effect on small businesses or micro-businesses, because there are no costs for compliance with the amendment and new section.

PUBLIC BENEFIT AND COSTS

Mary T. Henderson, DADS Assistant Commissioner for Regulatory Services, has determined that, for each year of the first five years the amendment and new section are in effect, the public benefit expected as a result of enforcing the amendment and new section is the provision of habilitation by a licensed HCSSA in accordance with HCSSA standards.

Ms. Henderson anticipates that there will not be an economic cost to persons who are required to comply with the amendment and new section. The amendment and new section will not affect a local economy.

TAKINGS IMPACT ASSESSMENT

DADS has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

PUBLIC COMMENT

Questions about the content of this proposal may be directed to Christy Parks at (512) 438-3791 in DADS Regulatory Services division. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-15R12, Department of Aging and Disability Services W-615, P.O. Box 149030, Austin, Texas 78714-9030, or street address 701 West 51st St., Austin, Texas 78751; faxed to (512) 438-5759; or e-mailed to rulescomments@dads.state.tx.us. To be considered, comments must be submitted no later than 30 days after the date of this issue of the Texas Register. The last day to submit comments falls on a Sunday; therefore, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered to DADS before 5:00 p.m. on DADS last working day of the comment period; or (3) faxed or e-mailed by midnight on the last day of the comment period. When faxing or e-mailing comments, please indicate "Comments on Proposed Rule 15R12" in the subject line.

STATUTORY AUTHORITY

The amendment is proposed 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 the executive commissioner to license and regulate home and community support services agencies.

The amendment implements Texas Government Code, §531.0055, Texas Health and Safety Code §§142.001 - 142.017, and Texas Human Resources Code, §161.021.