The Texas Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Aging and Disability Services (DADS), amendments to §§15.1, 15.5, 15.501, 15.1101, and 15.1302; and new §15.123, in Chapter 15, Licensing Standards for Prescribed Pediatric Extended Care Centers.

BACKGROUND AND PURPOSE

The proposed amendments and new section implement House Bill (H.B.) 2340, 84th Legislature, Regular Session, 2015, which amended Texas Health and Safety Code (THSC), Chapter 248A, governing prescribed pediatric extended care centers (PPECCs). The proposal allows an applicant for a license to operate a PPECC to obtain a temporary license. DADS grants a temporary license if an applicant meets the requirements of a Life Safety Code inspection and DADS approves the applicant's written policies and procedures. With a temporary license, a PPECC may admit up to six minors before requesting an initial onsite health inspection. A temporary license expires six months after the date the license is granted unless DADS grants a one-time, 90-day extension. The proposal also implements amendments made by H.B. 2340 to THSC §248A.051, clarifying that an applicant for a PPECC license may not provide services until DADS issues a license, and THSC §248A.151, providing that a parent is not required to accompany a minor during the provision of services or during transportation of a minor to and from the PPECC. The proposal also adds the definitions of "license."

SECTION-BY-SECTION SUMMARY

The proposed amendment to §15.1 prohibits an applicant from providing services under the license for which an application has been filed until DADS issues the license. This clarification is consistent with amendments to THSC Chapter 248A made by H.B. 2340.

The proposed amendment to §15.5 adds a definition of "license" to clarify that the term includes the three types of licenses DADS may grant: an initial, a temporary, and a renewal license.

The proposed new §15.123 sets forth the process a license applicant must follow to obtain a temporary license. An applicant may request that DADS issue a temporary license while DADS reviews an application for an initial license. The applicant must submit a temporary license request in writing to the DADS, meet the requirements of a Life Safety Code inspection, and obtain approval from DADS of the applicant's written policies and procedures for the PPECC. If the applicant meets the requirements of §15.123, DADS issues a 90-day temporary license. DADS may grant one 90-day extension of the temporary license. After an applicant receives the temporary license, the license holder may admit no more than six minors to the PPECC until the temporary license expires or terminates. A temporary license holder must comply with all of the requirements of THSC Chapter 248A for maintaining a PPECC license. The new section implements amendments to THSC Chapter 248A made by H.B. 2340.

The proposed amendment to §15.501 clarifies that a minor's parent is not required to accompany the minor when the minor receives services in a PPECC. This clarification is consistent with amendments to THSC Chapter 248A made by H.B. 2340.

The proposed amendment to §15.1101 clarifies that a minor's parent is not required to accompany the minor when a PPECC transports or provides for the transport of a minor. This clarification is consistent with amendments to THSC Chapter 248A made by H.B. 2340.

The proposed amendment to §15.1302 corrects a statutory reference to reflect the authority under which abuse, neglect, and exploitation in a PPECC are investigated.

FISCAL NOTE

David Cook, DADS Chief Financial Officer, has determined that, for the first five years the proposed amendments and new section are in effect, enforcing or administering the amendments and new sections 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 amendments and new section will not have an adverse economic effect on small business and micro-business because there is no cost to comply with the amendments and new section.

PUBLIC BENEFIT AND COSTS

Mary T. Henderson, Assistant Commissioner for Regulatory Services, has determined that, for each year of the first five years the amendments and new section are in effect, the public benefit expected as a result of enforcing the amendments and new section is minors will have access to PPECC services while DADS reviews a license application.

Ms. Henderson anticipates that there will not be an economic cost to persons who are required to comply with the amendments and new section. The amendments 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 Josie Esparza at (512) 438-4077 in DADS Regulatory Services. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-15R15, 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 15R15" in the subject line.

STATUTORY AUTHORITY

The amendments are 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; and Texas Health and Safety Code, §248A.101, which provides that the HHSC executive commissioner shall adopt rules that are necessary to implement the chapter and to establish minimum standards for prescribed pediatric extended care centers.

The amendments implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §248A.101.