Aging and Disability Services Council Sharon Swift Butterworth ...

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or misdemeanor if the crime directly relates to the duties and responsibilities of a home health medication aide or training program. In determining whether a conviction directly relates, DADS considers the elements set forth in §97.601 of this title (relating to [begin addition] Enforcement Actions). [end addition] [begin deletion] License Denial, Suspension or Revocation.[end deletion] (4) If DADS proposes to deny, suspend, or revoke a home health medication aide permit or to rescind a home health medication aide program approval, DADS notifies the permit holder or home health medication aide program by certified mail, return receipt requested, of the reasons for the proposed action and offers the permit holder or home health medication aide program an opportunity for a hearing. (A) The permit holder or home health medication aide program must request a hearing within 15 calendar days of receipt of the notice. Receipt of notice is presumed to occur on the tenth calendar day after the notice is mailed to the last address known to DADS unless another date is reflected on a United States Postal Service return receipt. (B) The request must be in writing and submitted to the Department of Aging and Disability Services, Medication Aide [begin deletion] Permit [end deletion] Program, Mail Code [begin addition] E-416 [end addition] [begin deletion] Y-979 [end deletion], P.O. Box 149030, Austin, Texas 78714-9030. (C) If the permit holder or home health medication aide program does not request a hearing, in writing, within 15 calendar days of receipt of the notice, the permit holder or home health medication aide program is deemed to have waived the opportunity for a hearing and the proposed action is taken. (5) DADS may suspend a permit to be effective immediately when the health and safety of persons are threatened. DADS notifies the permit holder of the emergency action by certified mail, return receipt requested, or personal delivery of the notice and of the effective date of the suspension and the opportunity for the permit holder to request a hearing. (6) All hearings are conducted pursuant to Texas Government Code, Chapter 2001, and the formal hearing procedures at 1 TAC §§357.481-357.490. (7) If the permit holder or program fails to appear or be represented at the scheduled hearing, the permit holder or program has waived the right to a hearing and the proposed action is taken. (8) If DADS suspends a home health medication aide permit, the suspension remains in effect until DADS determines that the reason for suspension no longer exists, revokes the permit, or determines not to renew the permit. DADS investigates prior to making a determination. (A) During the time of suspension, the suspended permit holder must return his or her permit to DADS. - 31 -
(B) If a suspension overlaps a renewal date, the suspended permit holder may comply with the renewal procedures in this chapter; however, DADS does not renew the permit until DADS determines that the reason for suspension no longer exists. (9) If DADS revokes or does not renew a permit, a person may reapply for a permit by complying with the requirements and procedures in this chapter at the time of reapplication. (A) DADS may refuse to issue a permit if the reason for revocation or nonrenewal continues to exist. (B) When a permit is revoked or not renewed, a permit holder must immediately return the license or permit to DADS. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Issued in Austin, Texas, on . - 32 -
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Aging and Disability Services Counc
Page 3 and 4: Aging and Disability Services Counc
Page 5 and 6: SUBJEC CT: Agenda a Item No. : 7a 7
Page 7 and 8: July 11, 2008/11R12 TITLE 40 SOCIAL
Page 9 and 10: Legend: [begin addition] Single Und
Page 11 and 12: (B) whose family intends to apply f
Page 13 and 14: are not limited to, 24-hour supervi
Page 15 and 16: (a) of this section, the MRA must p
Page 17 and 18: TAKINGS IMPACT ASSESSMENT DADS has
Page 19 and 20: and requires multiagency services.
Page 21 and 22: (ii) has documentation of a profici
Page 23 and 24: Agenda Item No. : 7b September 14,
Page 25 and 26: for each year of the first five yea
Page 27 and 28: (1) submitting an application for a
Page 29 and 30: PUBLIC BENEFIT AND COSTS Veronda Du
Page 31 and 32: possible to test with the same NATC
Page 33 and 34: (2) written or oral examination as
Page 35 and 36: easonable accommodations for medica
Page 37 and 38: (3) The examination must be given a
Page 39 and 40: (ii) a student enrolled in an accre
Page 41 and 42: (1) administer a medication by any
Page 43 and 44: accredited school of nursing. (4) D
Page 45 and 46: (B) a statement that all of the req
Page 47 and 48: (2) If, after review, DADS determin
Page 49 and 50: (9) A permit that is not renewed du
Page 51 and 52: (I) allowable and prohibited practi
Page 53: (A) the issuance of an initial perm
Page 57 and 58: Agenda Item No. : 7c September 14,
Page 61 and 62: (b) - (e) (No change.) This agency
Page 65 and 66: (b) - (g) (No change.) This agency
Page 69 and 70: Convictions Barring Facility Licens
Page 73 and 74: [begin addition] Denial or Refusal
Page 77 and 78: (b) - (f) (No change.) This agency
Page 81 and 82: (C) a controlling person of the app
Page 83 and 84: Agenda Item No. : 7d September 14,
Page 85 and 86: September 2, 2011/11R11 TITLE 40 SO
Page 87 and 88: Jon Weizenbaum, DADS Deputy Commiss
Page 89 and 90: accordance with §9.157 of this sub
Page 91 and 92: United States mail and provide an o
Page 93 and 94: (B) ensure the electronically trans
Page 95 and 96: individual's authorized IPC. (e) A
Page 97 and 98: must be revised; and (C) upon reque
Page 99 and 100: (E) for physical therapy, 30 hours;
Page 101 and 102: after a review of the request submi
Page 103 and 104: equested services will be denied or
Page 105 and 106:
in subsection (f), or exceeds the s
Page 107 and 108:
DADS has determined that the propos
Page 109 and 110:
Legend: [begin addition] Single Und
Page 111 and 112:
(8) Business day--A day when DADS s
Page 113 and 114:
(v) dental sedation, which is sedat
Page 115 and 116:
(II) planning or preparing meals fo
Page 117 and 118:
significantly sub-average general i
Page 119 and 120:
and (E) transportation between the
Page 121 and 122:
espite on the same day the individu
Page 123 and 124:
(67) Specialized registered nursing
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[begin addition] (13) [end addition
Page 127 and 128:
(1) verify that the individual resi
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(1) assign a registered nurse to pe
Page 131 and 132:
provided to an individual; (ii) [be
Page 133 and 134:
[begin addition] (III) [end additio
Page 135 and 136:
(relating to Renewal and Revision o
Page 137 and 138:
in accordance with §45.403(c) of t
Page 139 and 140:
(relating to Renewal and Revision o
Page 141 and 142:
(d) If the individual or LAR, case
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(ii) the IPPs; and (I) the individu
Page 145 and 146:
determination and sends written not
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y the health and human services age
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TITLE 40 SOCIAL SERVICES AND ASSIST
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(C) complete Part C of the Adaptive
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[begin deletion] (b) The DSA must o
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e within the agency's legal authori
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[(B) the individual's IPP as descri
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(D) documentation regarding bids as
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(e) The person who developed the sp
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[(1)] completes [begin addition] tr
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K of this title (relating to Minimu
Page 167 and 168:
the date. DADS applies the error to
Page 169 and 170:
authorized by DADS, unless purchase
Page 171 and 172:
TITLE 40 SOCIAL SERVICES AND ASSIST
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September 1, 2013. The proposed ame
Page 175 and 176:
agency determined that small and mi
Page 177 and 178:
of action. [begin addition] (2) Den
Page 179 and 180:
[begin deletion] or additional modi
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(2) supplement rather than replace
Page 183 and 184:
[begin addition] (A) [end addition]
Page 185 and 186:
[begin addition] (A) [end addition]
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Services (DHS) work days of [end de
Page 189 and 190:
(2) Specialized therapy services (o
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ISP year, the maximum service ceili
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[end addition] [DHS] applies the er
Page 195 and 196:
the [begin addition] HCSSA [end add
Page 197 and 198:
of the amount on the [begin additio
Page 199 and 200:
deletion] does not meet the medical
Page 201 and 202:
deletion] or its designee receives
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§48.6104. Crisis Intervention Requ
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(2) the regulatory reference, if ap
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FISCAL NOTE Gordon Taylor, DADS Chi
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Legend: [begin addition] Single Und
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individual's residence. (b) Respite
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Eligibility Requirements). [end add
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