The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §748.151 and §748.303; and new §§748.158 - 748.160, 748.317, 748.319, and 748.1767 in Title 26, Texas Administrative Code, Chapter 748, Minimum Standards for General Residential Operations.

BACKGROUND AND PURPOSE

The purpose of this proposal is to implement the portions of Senate Bill (S.B.) 568, 86th Legislature, Regular Session, 2019, that amended Chapter 42, Human Resources Code (HRC) to require HHSC Child Care Regulation (CCR) to establish minimum standards for safe sleeping, expand liability insurance requirements, and alter reporting requirements for certain incidents and deficiencies.

SECTION-BY-SECTION SUMMARY

The proposed amendments to §748.151 (1) updates a citation; and (2) replaces a citation with a requirement for a General Residential Operation (GRO) to comply with proposed new liability rules.

Proposed new §748.158 includes the statutory requirement that a GRO have liability insurance of at least $300,000 for each occurrence of negligence that covers injury to a child, unless there is an acceptable reason not to have the insurance. The GRO must also submit proof of coverage to Licensing each year.

Proposed new §748.159 lists the statutory exceptions for the liability insurance referred to in proposed new §748.158. The rule also includes the requirement that a GRO provide written notification to Licensing if the GRO is unable to carry or stops carrying the insurance because of one of the exceptions.

Proposed new §748.160 requires a GRO to provide written parental notification if the GRO cannot carry the required liability insurance, and the notification must be made (1) before admitting a child; or (2) within 14 days of the liability insurance coverage ending if the GRO previously carried the liability insurance and subsequently stopped carrying it. The proposed rule also allows a GRO to use the form on the Licensing provider website to notify parents.

The proposed amendments to §748.303 (1) changes the timeframe regarding parental notification for substantial physical injuries and critical illnesses requiring medical treatment form as soon as possible, but no later than 24 hours after the incident, to immediately after ensuring the safety of the child; and (2) changes the timeframe regarding parental notification for allegations and incidents of possible abuse, neglect, or exploitation from as soon as the operation becomes aware of it, to immediately after ensuring the safety of the child.

Proposed new §748.317 (1) requires a GRO to notify the parent of each child residing at the GRO when Licensing determines the operation has a deficiency related to safe sleeping or in the standard related to the abuse, neglect, or exploitation of a child; and (2) outlines the specific safe sleeping standards that require notification.

Proposed new §748.319 outlines how a GRO is required to notify parents of a deficiency in safe sleeping or in the standard related to the abuse, neglect, or exploitation of a child residing at the GRO, as required by proposed new §748.317. The proposed rule (1) requires a GRO to notify parents in writing within five days of receiving notification of the deficiency, use prescribed Licensing forms for those notifications, and maintain proof that the operation has notified the parents in writing of those deficiencies as required by the rule.

Proposed new §748.1767 prohibits laying down a swaddled infant to sleep or rest, unless the GRO has an order signed by a health-care professional. The rule also requires the order to be maintained in the child's record.

FISCAL NOTE

Trey Wood, Chief Financial Officer, has determined that for each year of the first five years the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of HHSC employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to HHSC;

(5) the proposed rules will create new rules;

(6) the proposed rules will expand existing rules;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities required to comply with the rules.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules (1) are necessary to protect the health, safety, and welfare of the residents of Texas; (2) do not impose a cost on regulated persons; and (3) are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Jean Shaw, Associate Commissioner for Child Care Regulation, has determined that for each year of the first five years the rules are in effect, the public benefit will be (1) improved awareness of sleep safety for children in care; (2) compliance with statutory requirements; and (3) increased communication and transparency in child-care operations that will allow parents to make a more informed choice when choosing and maintaining a relationship with a child-care operation.

Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons required to comply with the proposed rules because the proposal does do not impose any new costs or fees on persons required to comply with the rules.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the 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 Aimee Belden by email at Aimee.Belden@hhsc.state.tx.us.

Written comments on the proposal may be submitted to Aimee Belden, Rules Writer, Child Care Regulation, Health and Human Services Commission, E-550, P.O. Box 149030, Austin, Texas 78714-9030; or by email to CCLRules@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 20R026" in the subject line.

STATUTORY AUTHORITY

The amendment and new sections are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies.

The amendment and new sections affect Texas Government Code §531.0055 and Texas Human Resources Code §42.042.