Aging and Disability Services Council Sharon Swift Butterworth ...

Legend:
[begin addition] Single Underline [end addition] = Proposed new language
[begin deletion] Strikethrough and brackets [end deletion] = Current language proposed for
deletion
Regular print = Current language
(No change.) = No changes are being considered for the designated subdivision.
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
SUBCHAPTER B APPLICATION PROCEDURES
RULE §90.17
Proposed action:
X Amendment
STATUTORY AUTHORITY
The amendment is proposed 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; 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, Chapter 252, which authorizes DADS to license and regulate
intermediate care facilities for persons with mental retardation or related conditions.
The amendment implements Texas Government Code, §531.0055; Texas Human Resources
Code, §161.021; and Texas Health and Safety Code, §§252.001-252.208.
§90.17. Criteria for Denying a License or Renewal of a License.
(a) DADS may deny an initial license or refuse to renew a license if any person described in
§90.11(d) of this subchapter (relating to Criteria for Licensing):
(1) [begin addition] is subject to denial or refusal as [end addition] [begin deletion] has
been convicted of an offense [end deletion] described in Chapter 99 of this title (relating to
[begin addition] Denial or Refusal of License [end addition] [begin deletion] Criminal
Convictions Barring Facility Licensure [end deletion]) during the time frames described in that
chapter;
(2) - (7) (No change.)
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