Aging and Disability Services Council Sharon Swift Butterworth ...

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90 INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS
The Health and Human Services Commission (HHSC) proposes, on behalf of the Department of
Aging and Disability Services (DADS), an amendment to §90.17, concerning Criteria for
Denying a License or Renewal of a License, in Chapter 90, Intermediate Care Facilities for
Persons with Mental Retardation or Related Conditions.
BACKGROUND AND PURPOSE
The purpose of the amendment is to implement Senate Bill 78, 82nd Legislature, Regular
Session, 2011, authorizing DADS to deny or refuse to renew a license if an applicant or certain
persons associated with an applicant are listed in a health and human service agency's record of
adverse licensing action maintained in accordance with Texas Government Code §531.952.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §90.17 adds criteria for denying an initial license or refusing to
renew a license for an intermediate care facility for persons with mental retardation or related
conditions and updates a reference to the title of Chapter 99.
FISCAL NOTE
Gordon Taylor, DADS Chief Financial Officer, has determined that, for the first five years the
proposed amendment is in effect, enforcing or administering the amendment does not have
foreseeable implications relating to costs or revenues of state or local governments.
SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS
DADS has determined that the proposed amendment will not have an adverse economic effect on
small businesses or micro-businesses, because there is no economic cost to persons required to
comply with the amendment.
PUBLIC BENEFIT AND COSTS
Veronda Durden, DADS Assistant Commissioner for Regulatory Services, has determined that,
for each year of the first five years the amendment is in effect, the public benefit expected as a
result of enforcing the amendment is additional protection of the health and safety of the
individuals receiving services from entities regulated by DADS.
Ms. Durden anticipates that there will not be an economic cost to persons who are required to
comply with the amendment. The amendment will not affect a local economy.
- 5 -