The Texas Health and Human Services Commission (HHSC) adopts amendments to §97.2, concerning Definitions, and §97.23, concerning Change of Ownership, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies. The amendments to §97.2 are adopted with changes as published in the April 7, 2017, issue of the Texas Register (42 TexReg 1867). The amendments to §97.23 are adopted without changes.

BACKGROUND AND JUSTIFICATION

The adopted rules revise requirements related to change of ownership of a license holder for a home and community support services agency (HCSSA). Under the adopted rules, a license holder is not required to apply for a new license if the ownership structure of the license holder changes but the license holder is the same legal entity, as evidenced by having the same federal taxpayer identification number. Changes in ownership structure must be reported to HHSC under other existing rules. The adopted rules add definitions for terms related to a change of ownership and ownership interests. The adopted amendments also allow for HHSC to conduct a desk review instead of an on-site health survey if the applicant for a license resulting from a change of ownership meets certain requirements.

A change was made in §97.2, concerning Definitions, to the definition of "change of ownership" to clarify that any event that results in a change to the federal taxpayer identification number of the license holder of a HCSSA is considered a change of ownership.

COMMENTS

The 30-day comment period ended May 7, 2017. During this period, HHSC received comments regarding the proposed rules from one commenter, the Coalition for Nurses in Advanced Practice. A summary of the comments and HHSC's responses follows.

Comment: Regarding the proposed amendment to §97.2, Definitions, a commenter requested that in the definition for "practitioner" the term "advanced practice registered nurse (APRN)" be used instead of using the phrase "a person who is a registered nurse registered with the Texas Board of Nursing as an advanced practice nurse." The commenter stated this change would reflect current terminology and be consistent with terms used for the other professions listed in the definition as well as allow the APRN to be licensed in a state other than Texas.

Response: No change was made in response to this comment as the term "practitioner" is not related to the rule changes that are proposed. HHSC will consider this change in future rule amendments.

Comment: Regarding the definition of "psychoactive treatment" the commenter requested that the phrase "under the direction of a physician" be replaced with the phrase "including consultation with the client's physician or mental health provider, as needed" as the commenter could not find any state or federal law that requires this type of skilled nursing visit be under the direction of a physician.

Response: No change was made in response to this comment as the term "psychoactive treatment" is not related to the rule changes that are proposed. HHSC will consider this change in future rule amendments.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code, §531.0055, which requires that the HHSC executive commissioner shall adopt rules for the operation and provision of health and human services; and Texas Health and Safety Code, §142.012, which requires the HHSC executive commissioner to adopt rules related to the licensure of an HCSSA.