The Texas Health and Human Services Commission (HHSC) adopts, on behalf of the Department of Aging and Disability Services (DADS), amendments to §97.2 and §97.527, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies. The amendments to §97.2 and §97.527 are adopted with changes to the proposed text as published in the July 8, 2016, issue of the Texas Register (41 TexReg 5025).

The purpose of the adoption is to make terminology used in Chapter 97 consistent with terminology used in Title 42, Code of Federal Regulations, Part 488, Subparts I and J. Specifically, the adoption replaces the term "informal review of deficiencies" (IRoD) with the term "informal dispute resolution" (IDR). Currently, IRoD is available for all violations and deficiencies, but the adoption provides that IDR is available for violations and only for deficiencies that rise to the condition level, which are deficiencies that substantially limit the capacity of a home and community support services agency to furnish adequate care or that adversely affect the health or safety of patients. Additional amendments provide that DADS does not grant an agency's request for IDR if DADS cited the violation or deficiency at the agency's immediately preceding survey and DADS has cited the violation or deficiency again, with no new findings.

DADS received no comments regarding adoption of the amendments.

The agency made changes to §97.2 to reflect the previous adoption of the section as published in the August 26, 2016, issue of the Texas Register (41 TexReg 6501).

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, and Texas Health and Safety Code, §142.0011 which authorizes the HHSC executive commissioner to adopt rules relating to the licensing and regulation of home and community support services agencies.