Aging and Disability Services Council Sharon Swift Butterworth ...
Aging and Disability Services Council Sharon Swift Butterworth ...
Aging and Disability Services Council Sharon Swift Butterworth ...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Legend:<br />
[begin addition] Single Underline [end addition] = Proposed new language<br />
[begin deletion] Strikethrough <strong>and</strong> brackets [end deletion] = Current language proposed for<br />
deletion<br />
Regular print = Current language<br />
(No change.) = No changes are being considered for the designated subdivision.<br />
TITLE 40 SOCIAL SERVICES AND ASSISTANCE<br />
PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES<br />
CHAPTER 19 NURSING FACILITY REQUIREMENTS FOR LICENSURE AND<br />
MEDICAID CERTIFICATION<br />
SUBCHAPTER C NURSING FACILITY LICENSURE APPLICATION PROCESS<br />
RULE §19.214<br />
Proposed action:<br />
X Amendment<br />
STATUTORY AUTHORITY<br />
The amendment is proposed under Texas Government Code, §531.0055, which provides that the<br />
HHSC executive commissioner shall adopt rules for the operation <strong>and</strong> provision of services by<br />
the health <strong>and</strong> human services agencies, including DADS; Texas Human Resources Code,<br />
§161.021, which provides that the <strong>Aging</strong> <strong>and</strong> <strong>Disability</strong> <strong>Services</strong> <strong>Council</strong> shall study <strong>and</strong> make<br />
recommendations to the HHSC executive commissioner <strong>and</strong> the DADS commissioner regarding<br />
rules governing the delivery of services to persons who are served or regulated by DADS; <strong>and</strong><br />
Texas Health <strong>and</strong> Safety Code, Chapter 242, which authorizes DADS to license <strong>and</strong> regulate<br />
nursing facilities.<br />
The amendment implements Texas Government Code, §531.0055; Texas Human Resources<br />
Code, §161.021; <strong>and</strong> Texas Health <strong>and</strong> Safety Code, §§242.001-242.906.<br />
§19.214. Criteria for Denying a License or Renewal of a License.<br />
(a) DADS may deny an initial license or refuse to renew a license if any person described in<br />
§19.201(e) of this subchapter (relating to Criteria for Licensing):<br />
(1) [begin addition] is subject to denial or refusal as [end addition] [begin deletion]has<br />
been convicted of an offense [end deletion] described in Chapter 99 of this title (relating to<br />
Denial or Refusal of License [begin deletion] Criminal Convictions Barring Facility Licensure<br />
[end deletion]) during the time frames described in that chapter;<br />
(2) - (10) (No change.)<br />
- 3 -
Change language