Aging and Disability Services Council Sharon Swift Butterworth ...

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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.) - 7 -
(b) - (g) (No change.) 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 . - 8 -
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Aging and Disability Services Counc
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Aging and Disability Services Counc
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SUBJEC CT: Agenda a Item No. : 7a 7
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July 11, 2008/11R12 TITLE 40 SOCIAL
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Legend: [begin addition] Single Und
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(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 and 54: (A) the issuance of an initial perm
Page 55 and 56: (B) If a suspension overlaps a rene
Page 57 and 58: Agenda Item No. : 7c September 14,
Page 61 and 62: (b) - (e) (No change.) This agency
Page 63: TAKINGS IMPACT ASSESSMENT DADS has
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
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(II) planning or preparing meals fo
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significantly sub-average general i
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and (E) transportation between the
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espite on the same day the individu
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(67) Specialized registered nursing
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[begin addition] (13) [end addition
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(1) verify that the individual resi
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(1) assign a registered nurse to pe
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provided to an individual; (ii) [be
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[begin addition] (III) [end additio
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(relating to Renewal and Revision o
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in accordance with §45.403(c) of t
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(relating to Renewal and Revision o
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(d) If the individual or LAR, case
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(ii) the IPPs; and (I) the individu
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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
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the date. DADS applies the error to
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authorized by DADS, unless purchase
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TITLE 40 SOCIAL SERVICES AND ASSIST
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September 1, 2013. The proposed ame
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agency determined that small and mi
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of action. [begin addition] (2) Den
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[begin deletion] or additional modi
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(2) supplement rather than replace
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[begin addition] (A) [end addition]
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[begin addition] (A) [end addition]
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Services (DHS) work days of [end de
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(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
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the [begin addition] HCSSA [end add
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of the amount on the [begin additio
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deletion] does not meet the medical
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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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