TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 18. NURSING FACILITY ADMINISTRATORS

SUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS

40 TAC §§18.52 - 18.54

The Texas Health and Human Service Commission (HHSC) adopts, on behalf of the Department of Aging and Disability Services (DADS), amendments to §§18.52 - 18.54, in Chapter 18, Nursing Facility Administrators without changes to the proposed text as published in the October 28, 2016, issue of the Texas Register (41 TexReg 8540).

BACKGROUND AND JUSTIFICATION

The amendments clarify that DADS gives a nursing facility administrator an opportunity to request an informal review before DADS initiates proceedings to revoke or suspend the administrator's license or deny renewal of such a license. The amendments also change the timeframe for a nursing facility administrator to request a formal hearing from 15 days to 20 days after receiving a notice from DADS to be consistent with the timeframe for hearings for administrative penalties in Texas Health and Safety Code (THSC) §242.067(f). The amendments add a reference to Title 40, Chapter 91 regarding governance of a formal hearing and add crimes of moral turpitude to the list of violations that lead to sanctions to be consistent with THSC §242.313.

COMMENTS

DADS received no comments regarding adoption of the amendments.

STATUTORY AUTHORITY

The amendments are adopted 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; and Texas Health and Safety Code, §242.302, which authorizes the HHSC executive commissioner to adopt rules relating to the licensure of nursing facility administrators.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2017.

TRD-201700392

Lawrence Hornsby

General Counsel

Department of Aging and Disability Services

Effective date: February 15, 2017

Proposal publication date: October 28, 2016

For further information, please call: (210) 619-8292