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 99 CRIMINAL CONVICTIONS BARRING FACILITY LICENSURE
RULE §99.3
Proposed action:
X New
STATUTORY AUTHORITY
The new section 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 Chapters 142, 242, 247, 252, and Texas Human Resources Code
Chapter 103, which authorize DADS to license and regulate nursing facilities, intermediate care
facilities for persons with mental retardation or related conditions, assisted living facilities, home
and community support service agencies, and adult day care facilities respectively.
The amendment implements Texas Government Code, §531.0055, Texas Human Resources
Code, §161.021; Texas Health and Safety Code Chapters 142, 242, 247, 252; and Texas Human
Resources Code Chapter 103.
§99.3. Adverse Licensing Record.
[begin addition] DADS may deny an application for a license or refuse to renew a license if:
(1) any of the following persons are listed in a record maintained by a health and human
services agency under Texas Government Code §531.952:
(A) the applicant or license holder;
(B) a person listed on an initial or renewal application; or
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