Proposed Amendments to 40 Texas Administrative Code, Chapter 92, Licensing Standards for Assisted Living Facilities

The Texas Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Aging and Disability Services (DADS), amendments to Subchapter A, §92.2, concerning definitions; Subchapter C, §92.41, concerning standards for type A and type B assisted living facilities; and Subchapter H, Division 9, §92.551, concerning administrative penalties, in Chapter 92, Licensing Standards for Assisted Living Facilities.

The purpose of the amendments is to implement House Bill (HB) 2109, 82nd Legislature, Regular Session, 2011, and Senate Bill (SB) 7, Article 8, 82nd Legislature, First Called Session, 2011. HB 2109 amends Texas Health and Safety Code, §§247.066 and 247.068, regarding assisted living facilities. A resident of an assisted living facility may be considered inappropriately placed due to a change in the types of services the resident needs or a change in the resident's evacuation capability. HB 2109 allows an assisted living facility to proactively submit documents to DADS for a waiver of the requirement to discharge an inappropriately placed resident instead of waiting for DADS to make the initial determination. HB 2109 also authorizes DADS to take action when a facility has not discharged a resident when required to do so and prohibits DADS staff from retaliating against an assisted living facility for complaints about or disagreements with a DADS employee. Additionally, HB 2109 requires facility supervisors and other staff, as appropriate, to complete training regarding aging in place and retaliation.

SB 7, Article 8, requires a facility to develop policies to ensure that employees are immunized against vaccine-preventable diseases. The proposed amendment adds the requirement for a facility to develop and implement these policies and adds a definition for "vaccine preventable diseases."

The proposed rules have been published in the April 6, 2012 issue of the Texas Register. The last day of the 30-day public comment period is 5/6/2012.

You may access the proposed rules via the following link: http://www.sos.state.tx.us/texreg/archive/April62012/PROPOSED/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#172