TO: Aging and Disability Services Council Members DATE: September 17, 2015 FROM: Jon Weizenbaum Commissioner SUBJECT: Agenda Item No.:6a BACKGROUND: Federal requirement Legislative requirement Other The adoption of an amendment to 40 TAC 97.501 and repeal of 97.502 relating to the authority to investigate an allegation of abuse, neglect, or exploitation of a child under the age of 18 who is receiving services from a Home and Community Support Services Agency (HCSSA) licensed under the Texas Health and Safety Code, Chapter 142, transferring from DADS to the Department of Family and Protective Services (DFPS). Because the requirement is legislatively mandated to be effective September 1, 2015, DADS followed the Health and Human Services Commission's (HHSC's) expedited rulemaking process. ISSUES AND ALTERNATIVES There is no alternative to the proposal to transfer the authority to investigate ANE to DFPS. STAKEHOLDER INVOLVEMENT The proposal was published in the Texas Register on June 26, 2015. The comment period ended on July 26, 2015. DADS received no comments regarding adoption of the amendment and repeal. The adopted rule was effective on September 1, 2015. SERVICES IMPACT STATEMENT Does this proposed policy promote the most integrated setting appropriate to the needs of the individual? Yes No N/A Does this proposed policy provide every opportunity for individual choices? Yes No N/A
Agenda Item No. 6a September 17, 2015 Page 2 FISCAL IMPACT No fiscal impact is anticipated. RULE DEVELOPMENT SCHEDULE June 26, 2015 Publish proposed rules in Texas Register August 28, 2015 Publish adopted rules in Texas Register September 1, 2015 Effective date September 17, 2015 Present to Aging and Disability Services Council RECOMMENDATION This section is not applicable because this item is for information only.
July 28, 2015/15R07 TITLE 40 PART 1 CHAPTER 97 SOCIAL SERVICES AND ASSISTANCE DEPARTMENT OF AGING AND DISABILITY SERVICES LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT The Texas Health and Human Services Commission (HHSC) adopts, on behalf of the Department of Aging and Disability Services (DADS), an amendment to 97.501, concerning Survey Frequency, and the repeal of 97.502, concerning State Agency Investigations of Complaints and Self-Reported Incidents, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies, without changes to the proposed text as published in the June 26, 2015, issue of the Texas Register (40 TexReg 4203). The amendment and repeal are in response to Senate Bill (SB) 760 and SB 1880, 84th Legislature, Regular Session, 2015, which amend Texas Health and Safety Code, 142.009 (c) to transfer, from DADS to the Department of Family and Protective Services (DFPS), the authority to investigate an allegation of abuse, neglect, or exploitation (ANE) of a child under the age of 18 who is receiving services from a home and community support services agency (HCSSA) licensed under Chapter 142. SB 760 and SB 1880 also amend Texas Family Code, 261.404, to give DFPS the authority to investigate an allegation of ANE of a child receiving services from a HCSSA if the person who is alleged to have committed the ANE is an officer, employee, agent, contractor, or subcontractor of the HCSSA. DADS received no comments regarding adoption of the amendment and repeal. 1
TITLE 40 SOCIAL SERVICES AND ASSISTANCE PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES CHAPTER 97 LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT RULE 97.501 Final Action 201502234 TRD docket number of proposed action 06-26-15 Publication date of proposed action X Amendment Adopted without changes Effective Date: 09-01-15 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 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 142.0011, which requires the adoption of rules related to the regulation of home and community support services agencies. 97.501. Survey and Investigation Frequency (a) At a minimum, DADS conducts a survey: (1) after an agency submits a written request for an initial survey in accordance with 97.521 of this subchapter (relating to Requirements for an Initial Survey); and (2) within 18 months after conducting an initial survey and at least every 36 months thereafter. (b) DADS may conduct a survey or investigation to determine an agency s compliance with: (1) this chapter or the statute in the provision of licensed home health services, licensed and certified home health services, hospice services, or personal assistance services; and (2) federal requirements in the provision of licensed and certified home health services or licensed and certified hospice services. (c) DADS may conduct a survey for the renewal of a license or the issuance of a branch office or alternate delivery site license. 2
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. TITLE 40 SOCIAL SERVICES AND ASSISTANCE PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES CHAPTER 97 LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT RULE 97.502 Final Action 201502235 TRD docket number of proposed action 06-26-15 Publication date of proposed action X Repeal Adopted without changes Effective Date: 09-01-15 The repeal 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 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 142.0011, which requires the adoption of rules related to the regulation of home and community support services agencies. 97.502. State Agency Investigations of Complaints and Self-Reported Incidents. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. 3