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DADS rules in progress archive 2005-2011
Nov. 30, 2011
Agenda Item 5a. Amendments to 40 TAC Chapter 95, Medication Aides — Program Requirements.
Proposed: 10/28/2011 | Adopted: 12/23/2011 | Effective: 1/01/2012
Agenda Item 5b. Amendments to §355.101, Introduction, and §355.107, Notification of Exclusions and Adjustments, under Title 1, Part 15, Chapter 355, Subchapter A.
Proposed: 2/03/2012 | Adopted: 05/04/2012 | Effective: 05/08/2012
Agenda Item 5c. Amendments to §355.105, General Reporting and Documentation Requirements, Methods, and Procedures; and §355.112, Attendant Compensation Rate Enhancement, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter A; §355.308, Direct Care Staff Rate, under Title 1 of the TAC, Part 15, Chapter 355, Subchapter C; §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; and §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program, under Title 1 of the TAC, Part 15, Chapter 355, Subchapter E; and §355.5902, Reimbursement Methodology for Primary Home Care, under Title 1 of the TAC, Part 15, Chapter 355, Subchapter G.
Proposed: 1/13/2012 | Adopted: 3/23/2012 | Effective: 4/01/2012
Sept. 14, 2011
Agenda Item 7a. Recommendation to propose the repeal of 40 TAC Chapter 1, Subchapter I, In-Home and Family Support Mental Retardation Program; and an amendment to §2.315, MRA Administrative Functions, in Chapter 2, Mental Retardation Authority Responsibilities.
Proposed: 10/21/2011 | Adopted: 12/30/2011 | Effective: 1/28/2012
Agenda Item 7ab. Amendments to 40 TAC §18.16, Examinations, in Chapter 18, Nursing Facility Administrators; §94.4, Competency Evaluation Program (CEP) Requirements, in Chapter 94, Nurse Aides; and §95.111, Examination, and §95.128, Home Health Medication Aides, in Chapter 95, Medication Aides — Program Requirements.
Proposed: 10/07/2011 | Adopted: 11/25/2011 | Effective: 12/01/2011
Agenda Item 7c. Amendments to 40 TAC Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification; Chapter 90, Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions; Chapter 92, Licensing Standards for Assisted Living Facilities; Chapter 97, Licensing Standards for Home and Community Support Services Agencies; and Chapter 98, Adult Day Care and Day Activity and Health Services Requirements; and a new section in Chapter 99, Criminal Convictions Barring Facility Licensure.
Proposed: 10/14/2011 | Adopted: 1/13/2012 | Effective: 1/18/2012
Agenda Item 7d. New sections and amendments to 40 TAC Chapter 9, Subchapter D, Home and Community-Based Services (HCS) Program; Chapter 45, Community Living Assistance and Support Services (CLASS); Chapter 48, Subchapter J, Community Based Alternatives (CBA) Program; and Chapter 51, Medically Dependent Children Program (MDCP).
Proposed: 10/07/2011 | Adopted: 11/25/2011 | Effective: 12/01/2011
July 20, 2011
Agenda Item 6a. Recommendation to propose an amendment to §355.723, Reimbursement Methodology for Home and Community-Based Services and Texas Home Living Programs, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter F.
Proposed: 7/01/2011 | Adopted: 8/26/2011 | Effective: 9/01/2011
Agenda Item 6b. Recommendation to propose amendments to 40 TAC §48.6002, Community Based Alternatives (CBA) Definitions; §48.6026, Home and Community Support Services Provider Qualifications; §48.6040, Registered Nurse (RN) Delegation of Nursing Tasks; §48.6050, Services Array for Home and Community Support Services (HCSS); and §48.6078, Billable Units; in Chapter 48, Community Care for Aged and Disabled, Subchapter J, Community Based Alternatives (CBA) Program.
Proposed: 7/01/2011 | Adopted: 8/26/2011 | Effective: 9/01/2011
Agenda Item 6c. Recommendation to propose amendments to §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs and §355.507, Reimbursement Methodology for the Medically Dependent Children Program, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter E.
Withdrawn: 8/29/2011
Agenda Item 6d. Recommendation to propose new 40 TAC §9.229, Critical Incident Reporting, and amendments to §9.238, Level of Care I Criteria, and §9.239, Intermediate Care Facilities for the Mentally Retarded (ICF/MR) Level of Care VIII Criteria, in Chapter 9, Mental Retardation Services – Medicaid State Operating Agency Responsibilities, Subchapter E, ICF/MR Programs—Contracting.
Proposed: 8/26/2001 | Adopted: 11/25/2011 | Effective 11/30/2011
Agenda Item 6e. Recommendation to propose an amendment 40 TAC §3.101, Definitions, and new Subchapter D, concerning Training, in Chapter 3, governing Administrative Responsibilities of State Facilities; and an amendment to §4.121, Staff Training in Rights, in Chapter 4, governing Rights and Protection of Individuals Receiving Mental Retardation Services; and the repeal of §5.363, Staff Training in Use of Restraints, and §5.410, Staff Training in Behavior Therapy, in Chapter 5, governing Provider Clinical Responsibilities — Mental Retardation Services.
Proposed: 11/04/2011 | Adopted: 4/06/2012 | Effective: 4/10/2012
Agenda Item 6f. Recommendation to propose the repeal of 40 TAC Chapter 8, Subchapter C, Life-Sustaining Treatment, to allow policy consistent with the Advance Directives Act to be implemented.
Proposed: 8/26/2011 | Adopted: 11/18/2011 | Effective 11/23/2011
Agenda Item 6g. Recommendation to propose amendments to 40 TAC §49.1, Definitions, §49.12, General Requirements for Participation, and §49.61, Sanctions; and the repeal of §49.19, Advertising and Solicitation of Clients, in Chapter 49, Contracting for Community Care Services.
Proposed: 8/26/2011 | Adopted: 1/20/2012 | Effective: 1/25/2012
April 27, 2011
Agenda Item 7a. Recommendation to propose amendments to: §355.457, Cost Finding Methodology, under Title 1, Part 15, Chapter 355, Subchapter D, and §355.722, Reporting Costs by Home and Community-based Services (HCS) and Texas Home Living (TxHmL) Providers, under Title 1, Part 15, Chapter 355, Subchapter F
Proposed: 7/15/2011 | Adopted: 9/23/2011 | Effective: 10/02/2011
Agenda Item 7b. Recommendation to propose amendments to 40 TAC §19.1001, Nursing Services; §19.1002, Additional Nursing Services Staffing Requirements; §19.1510, Emergency Medication Kits; and §19.1601, Infection Control, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 5/27/2011 | Adopted: 10/21/2011 | Effective: 10/30/2011
Agenda Item 7c. Recommendation to propose new 40 TAC Chapter 4, Subchapter K, Criminal History and Registry Checks for Mental Retardation Authorities and Community Centers; and the repeal of existing Chapter 4, Subchapter K, Criminal History and Registry Clearances
Proposed: 5/27/2011 | Adopted: 9/30/2011 | Effective: 10/06/2011
Agenda Item 7d. Recommendation to propose new 40 TAC Chapter 3, Administrative Responsibilities of State Facilities, consisting of Subchapter A, Definitions; Subchapter B, Criminal History Checks and Registry Clearances; and Subchapter C, Abuse, Neglect, and Exploitation; and the repeal of 40 TAC Chapter 7, Subchapter K, Abuse, Neglect, and Exploitation in Texas Department of Mental Health and Mental Retardation (TDMHMR) Facilities
Proposed: 5/27/2011 | Adopted: 9/30/2011 | Effective: 10/06/2011
Agenda Item 7e. Recommendation to propose amendments to 40 TAC §11.2, Definitions; §11.3, Quality Assurance Fee Determination Methodology; and §11.4, Required Reports, in Chapter 11, Quality Assurance Fee
Proposed: 5/27/2011 | Adopted: 10/07/2011 | Effective: 10/11/2011
Agenda Item 7f. Recommendation to propose amendments to 40 TAC §30.16, Election of Hospice, and §30.60, Medicaid Hospice Payments and Limitations, in Chapter 30, Medicaid Hospice Program
Proposed: 5/27/2011 | Adopted: 10/21/2011 | Effective: 10/30/2011
Feb. 23, 2011
Agenda Item 6a. Recommendation to propose an amendment to §355.746, related to the Reimbursement Methodology for Mental Retardation (MR) Service Coordination, to replace the monthly unit of service with an encounter unit of service under Title 1, Part 15, Chapter 355, Subchapter F – HHSC Rate Analysis
Proposed: 4/15/2011 | Adopted: 7/22/2011 | Effective: 9/01/2011
Agenda Item 6b. Recommendation to propose the repeals of §355.701, Definitions and General Specifications, and §355.702, Method of Cost Determination, Under Title 1, Chapter 355, Subchapter F – HHSC Rate Analysis
Proposed: 4/01/2011| Adopted: 6/17/2011 | Effective: 9/01/2011
Agenda Item 6c. Recommendation to propose amendments to §355.101, Introduction; §355.102, General Principles of Allowable and Unallowable Costs; §355.103, Specifications for Allowable and Unallowable Costs; §355.105, General Reporting and Documentation Requirements, Methods, and Procedures; §355.106, Basic Objectives and Criteria for Audit and Desk Review of Cost Reports; §355.107, Notification of Exclusions and Adjustments; and §355.110, Informal Reviews and Formal Appeals, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter A – HHSC Rate Analysis
Proposed: 4/22/2011 | Adopted: 7/29/2011 | Effective: 9/01/2011
Agenda Item 6d. Recommendation to propose amendments to: §355.112, Attendant Compensation Rate Enhancement, under Title 1, Part 15, Chapter 355, Subchapter A, and §355.308, Direct Care Staff Rate Component, under Title 1, Part 15, Chapter 355, Subchapter C – HHSC Rate Analysis
Proposed: 4/15/2011| Adopted: 6/17/2011 | Effective: 9/01/2011
Agenda Item 6e. Recommendation to propose an amendment to Subchapter C, Reimbursement Methodology for Nursing Facilities, §355.306, Cost Finding Methodology – HHSC Rate Analysis
Proposed: 4/15/2011 | Adopted: 7/22/2011 | Effective: 9/01/2011
Agenda Item 6f. Recommendation to propose amendments to: §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers; §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; §355.507, Reimbursement Methodology for the Medically Dependent Children Program; and §355.513, Reimbursement Methodology for the Deaf-Blind with Multiple Disabilities Waiver Program under Title 1, Part 15, Chapter 355, Subchapter E; and §355.725, Reimbursement Methodology for Professional Services and Requisition Fees for Home and Community-based Services (HCS), under Title 1, Part 15, Chapter 355, Subchapter F. Repeal of §355.508, Reimbursement Methodology for Transition Assistance Services – HHSC Rate Analysis
Proposed: 4/15/2011 | Adopted: 6/17/2011 | Effective: 6/20/2011
Agenda Item 6g. Recommendation to propose an amendment to §355.723, Reimbursement Methodology for Home and Community-Based Services HCS, and repeal of §355.791, Reimbursement Methodology for the Texas Home Living (TxHmL) Program, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter F – HHSC Rate Analysis
Proposed: 4/15/2011 | Adopted: 6/17/2011 | Effective: 6/20/2011
Agenda Item 6h. Recommendation to propose amendments to 40 TAC §98.42, Facility Construction Procedures, and §98.64, Emergency Preparedness and Response, in Chapter 98, Adult Day Care and Day Activity and Health Services Requirements – DADS Regulatory Services
Proposed: 4/01/2011 | Adopted: 7/22/2011 | Effective: 8/01/2011
Agenda Item 6i. Recommendation to propose amendments to 40 TAC §97.256, Emergency Preparedness Planning and Implementation, and §97.602, Administrative Penalties, in Chapter 97, Home and Community Support Services Agencies (HCSSAs) – DADS Regulatory Services
Proposed: 4/01/2011 | Adopted: 7/22/2011 | Effective: 8/01/2011
Agenda Item 6j. Recommendation to propose an amendment to 40 TAC §19.805, in Chapter 19, Permanency Planning for a Resident Under 22 Years of Age – DADS Regulatory Services
Proposed: 4/01/2011 | Adopted: 7/29/2011 | Effective: 8/03/2011
Agenda Item 6k. Recommendation to propose new sections, amendments to certain sections, and the repeal of certain sections in 40 TAC Chapter 80, State Aging Plan; Chapter 81, Operation of the Area Agencies on Aging; Chapter 82, State Delivery System; Chapter 83, Area Agency on Aging Administrative Requirements; Chapter 85, Implementation of the Older Americans Act; new Chapter 86, National Senior Services Corps Program; and Chapter 100, Miscellaneous – DADS Access and Intake
Proposed: 4/01/2011 | Adopted: 7/29/2011 | Effective: 9/01/2011
Agenda Item 6l. Recommendation to propose amendments to §§1.301-1.303, §1.305, §1.307-1.310, and §1.312; and the repeal of §1.304, §1.306, and §§1.313-1.316 in Chapter 1, Subchapter G, governing Community Centers – DADS Access and Intake
Proposed: 4/29/2011 | Adopted: 9/02/2011 | Effective: 9/11/2011
Nov. 17, 2010
Agenda Item 5a. Recommendation to propose new 40 TAC §19.326, Safety Operations; new §19.1914, Emergency Preparedness and Response; and the repeal of existing §§19.326 and 19.1914, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification - Regulatory
Proposed: 1/14/2011 | Adopted: 7/22/2011 | Effective: 8/01/2011
Agenda Item 5b. Recommendation to propose an amendment to 40 TAC §19.1921, General Requirements for a Nursing Facility, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification - Regulatory
Proposed: 1/07/2011 | Adopted: 7/22/11 | Effective: 8/01/2011
Agenda Item 5c. Recommendation to propose the repeal of 40 TAC Chapter 17, governing Pilot Program for Monitoring Certain Unlicensed Long-Term Care Facilities – Regulatory
Proposed: 1/07/2011 | Adopted: 4/08/2011 | Effective: 4/17/2011
Agenda Item 5d. Recommendation to propose new 40 TAC Chapter 68, governing Electronic Visit Verification (EVV) System, and amendments to Chapter 41, governing Consumer Directed Services Option – Center for Program Coordination
Proposed: 10/22/2010 | Adopted: 12/24/2010 | Effective: 1/01/2011
July 27, 2010
Agenda Item 8a. Recommendation to propose amendments to §355.112, Attendant Compensation Rate Enhancement, under Title 1, Part 15, Chapter 355, Subchapter A, and §355.513, Reimbursement Methodology for the Deaf-blind with Multiple Disabilities Waiver Program, under Title 1, Part 15, Chapter 355, Subchapter E – HHSC Rate Analysis
Proposed: 9/24/2010 | Adopted: 12/10/2010 | Effective: 12/13/2010
Agenda Item 8b.Recommendation to propose the repeal of §355.773, Reporting Costs by Mental Retardation Local Authority (MRLA) Providers, under Title 1, Part 15, Chapter 355, Subchapter F – HHSC Rate Analysis
Proposed: 9/17/2010 | Adopted: 11/19/2010 | Effective: 11/25/2010
Agenda Item 8c. Recommendation to propose an amendment to Title 1, Part 15, Chapter 355, Subchapter C, §355.306, Cost Finding Methodology – HHSC Rate Analysis
Proposed: 10/01/2010 | Adopted: 12/10/2010 | Effective: 12/14/2010
Agenda Item 8d. Recommendation to propose amendments to Title 1, Part 15, Chapter 355, Subchapter E, §355.510, Reimbursement Methodology for Emergency Response Services, and §355.511, Reimbursement Methodology for Home-Delivered Meals – HHSC Rate Analysis
Proposed: 9/17/2010 | Adopted: 12/10/2010 | Effective: 12/13/2010
Agenda Item 8e. Recommendation to propose an amendment to Title 1, Part 15, Chapter 355, Subchapter E, §355.501, Reimbursement Methodology for the Program for All-Inclusive Care for the Elderly (PACE) - HHSC Rate Analysis
Proposed: 10/29/2011 | Adopted: 1/21/2011 | Effective: 3/01/2011
Agenda Item 8f. Recommendation to propose the repeal of 40 TAC §90.211, concerning definitions, and §90.216, concerning general provisions, in Chapter 90, Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions – DADS Regulatory Services
Proposed: 9/03/2010 | Adopted: 12/17/2010 | Effective: 12/26/2010
Agenda Item 8g. Recommendation to propose new 40 TAC Chapter 91, related to Hearings Under the Administrative Procedure Act, and to repeal 40 TAC Chapter 1, Subchapter D, related to Administrative Hearings of the Department in Contested Cases – Legal Services
Proposed: 10/22/2010 | Adopted: 1/21/2011 | Effective: 1/27/2011
Agenda Item 8h. Recommendation to propose new 40 TAC §90.50, Standards for Licensure; new §90.74 and the repeal of existing §90.74, General Requirements for Facility Construction, in Chapter 90, governing Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions – DADS Regulatory Services
Proposed: 9/03/2010 | Adopted: 03/18/2011 | Effective: 03/21/2011
Agenda Item 8i. Recommendation to propose new 40 TAC, Chapter 45, Subchapters A through D, and the repeal of 40 TAC, Chapter 45, Subchapters C and D, governing Community Living Assistance and Support Services; and 40 TAC, Chapter 48, Subchapter C, governing Community Care for Aged and Disabled – DADS Center for Policy and Innovation
Proposed: 09/03/2010 | Adopted: 03/18/2011 | Effective: 03/21/2011
April 20, 2010
Agenda Item 7a.Recommendation to propose amendments to 40 TAC Chapter 90, governing Intermediate Care Facilities, concerning background checks and increased review period - DADS Regulatory
Proposed: 5/28/2010 | Adopted: 8/27/2010 | Effective: 9/01/2010
Agenda Item 7b.Recommendation to propose amendments to 40 TAC Chapter 92, governing Assisted Living Facilities, concerning Type E facilities and nursing services - DADS Regulatory
Proposed: 5/28/2010 | Adopted: 08/27/2010 | Effective: 9/01/2010
Jan. 20, 2010
Agenda Item 5a.Recommendation to propose amendments to §355.112, Attendant Compensation Rate Enhancement, under Title 1, Part 15, Chapter 355, Subchapter A, §355.456, Reimbursement Methodology and §355.457, Fiscal Accountability, under Title 1, Part 15, Chapter 355, Subchapter D, and §355.722, Reporting Costs by Home and Community-based Services (HCS) Providers, §355.723, Reimbursement Methodology for Home and Community-Based Services (HCS), and §355.791, Reporting Costs and Reimbursement Methodology for the Texas Home Living (TxHmL) Program under Title 1, Part 15, Chapter 355, Subchapter F - HHSC Rate Analysis
Proposed: 3/26/2010 | Adopted: 06/11/2010 | Effective: 9/01/2010
Agenda Item 5b. Recommendation to propose amendments to 40 TAC §§2.553, 2.554, 2.556, 2.559, and 2.562, propose new §2.555, and propose the repeal of existing §2.555 of Chapter 2, Subchapter L, governing Service Coordination for Individuals with Mental Retardation - DADS Access & Intake
Proposed: 2/12/2010 | Adopted: 5/28/2010 | Effective: 6/1/2010
Agenda Item 5c. Recommendation to propose amendments to certain sections, new sections, and the repeal of certain sections in 40 TAC Chapter 9, Subchapter D, governing Home and Community-based Services (HCS) Program - DADS Provider Services
Proposed: 2/12/2010 | Adopted: 5/28/2010 | Effective: 6/1/2010
Agenda Item 5d. Proposes to repeal current §355.746 under Title 1, Part 15, Chapter 355, Subchapter F, relating to Reimbursement Methodology for Mental Retardation (MR) Service Coordination and replace it with new §355.746 under Title 1, Part 15, Chapter 355, Subchapter F, relating to Reimbursement Methodology for Mental Retardation (MR) Service Coordination - HHSC Rate Analysis
Proposed: 4/2/2010 | Adopted: 5/28/2010 | Effective: 6/1/2010
Agenda Item 5e.Recommendation to propose amendments to 40 TAC §18.41, Licensure of Persons with Criminal Backgrounds, and §18.53, Formal Hearings, in Chapter 18, governing Nursing Facility Administrators - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 08/06/2010 | Effective: 9/01/2010
Agenda Item 5f.Recommendation to propose amendments to 40 TAC Chapter 93, governing Employee Misconduct Registry (EMR) - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 08/06/2010 | Effective: 9/01/2010
Agenda Item 5g.Recommendation to propose an amendment to 40 TAC §19.1921, General Requirements for a Nursing Facility, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 07/16/2010 | Effective: 9/01/2010
Agenda Item 5h.Recommendation to propose amendments to 40 TAC §98.61, General Requirements, and §98.19, Criteria for Denying a License or Renewal of a License, in Chapter 98, governing Adult Day Care and Day Activity and Health Services - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 07/16/2010 | Effective: 9/01/2010
Agenda Item 5i. Recommendation to propose new sections, amendments to certain sections, and the repeal of certain sections of 40 TAC, Chapter 90, governing Intermediate Care Facilities Serving Persons with Mental Retardation or Related Conditions - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 5/28/2010 | Effective: 6/1/2010 | §90.321 Effective: 9/1/2010
Agenda Item 5j.Recommendation to propose amendments to certain sections; the repeal of §97.247; and new §97.247 in 40 TAC, Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 08/27/2010 | Effective: 9/01/2010
Agenda Item 5k. Recommendation to propose amendments to 40 TAC §19.101, Definitions, §19.330, Construction and Initial Survey of Completed Construction, and new §19.220, Expedited Life Safety Code and Physical Plant Inspection Fees, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification - DADS Regulatory
Proposed: 2/19/2010 | Adopted: 5/28/2010 | Effective: 6/1/2010
Agenda Item 5l. Recommendation to propose amendments to certain sections and the repeal of certain sections in 40 TAC Chapter 92, governing Licensing Standards for Assisted Living Facilities - DADS Regulatory
Proposed: 2/26/2010 | Adopted: 5/28/2010 | Effective: 6/1/2010 | §92.123 Effective: 9/1/2010
Agenda Item 5m.Recommendation to propose new sections in 40 TAC Chapter 42, governing Deaf Blind with Multiple Disabilities (DBMD) Program; and the repeal of 40 TAC Chapter 42, governing Medicaid Waiver Program for People Who are Deaf Blind with Multiple Disabilities - DADS Provider Services
Proposed: 2/26/2010 | Adopted: 06/11/2010 | Effective: 6/15/2010
Agenda Item 5n. Recommendation to repeal 40 TAC Chapter 73, governing Civil Rights - DADS Legal Services
Proposed: 1/21/2011
Sept. 30, 2009
Agenda Item 6a. Recommendation to propose the repeal of Title 1, Part 15, Chapter 352, Quality Assurance Fee - HHSC Rate Analysis
Proposed: 11/20/2009 | Adopted: 2/5/2010 | Effective: 3/1/2010
Agenda Item 6b. Recommendation to propose new 40 TAC Chapter 11, governing Quality Assurance Fee - DADS Provider Services
Proposed: 11/20/2009 | Adopted: 2/5/2010 | Effective: 3/1/2010
Agenda Item 6c. Recommendation to propose amendments to 40 TAC Chapter 60, governing Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE) - DADS Provider Services
Proposed: 10/30/2009 | Adopted: 1/29/2010 | Effective: 2/1/2010
June 24, 2009
Agenda Item 6a. Recommendation to propose an amendment to §90.42, concerning standards for facilities serving persons with mental retardation or related conditions, in 40 TAC Chapter 90, related to Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions
Proposed: 7/31/2009 | Adopted: 10/30/2009 | Effective Date: 11/01/2009
Agenda Item 6b. Recommendation to propose new sections and the repeal of sections in 40 TAC Chapter 1, Subchapter I, related to the Department of Aging and Disability Services (DADS) In-Home and Family Support Program (IHFS) Mental Retardation (MR) Program
Proposed: 7/31/2009 | Adopted: 10/30/2009 | Effective: 11/01/2009
Agenda Item 6c. Recommendation to propose new rules: §355.502, Reimbursement Methodology for Professional Services in home and Community-Based Service Waivers, and §355.513, Reimbursement Methodology for the Deaf-Blind with multiple Disabilities Waiver Program, under Title 1 of the Texas administrative Code (TAC), Part 15, Chapter 355; and to propose amendments to: §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management- Home and Community support Services and Assisted Living/ Residential Care Programs, §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program, and §355.507, Reimbursement Methodology for the Medically Dependent Children Program under 1 TAC, Part 15, Chapter 355
Proposed: 7/03/2009 | Adopted: 8/21/2009 | Effective: 9/01/2009
Agenda Item 6d. Recommendation to propose the repeal of Subchapter M, Miscellaneous Medicaid Programs, Division 1, Medicaid Waiver Program For People With Deaf-Blindness And Multiple Disabilities, §355.9022, Reimbursement Methodology for Community-Based Services Provided to People Who Are Deaf-Blind with Multiple Disabilities
Proposed: 7/03/2009 | Adopted: 8/21/2009 | Effective: 9/01/2009
Agenda Item 6e. Recommendation to propose new §355.725, Reimbursement Methodology for Professional Services and Requisition Fees for Home and Community-based Services (HCS) and to amend §355.791, Reporting Costs and Reimbursement Methodology for the Texas Home Living (TxHmL) Program, under Title 1, Part 15, Chapter 355, Subchapter F
Proposed: 7/03/2009 | Adopted: 8/21/2009 | Effective: 9/01/2009
Agenda Item 6f. Recommendation to propose amendments to 1 TAC §355.457, Fiscal Accountability, Reimbursement Methodology for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), and §355.722, Reporting Costs by Home and Community-based Services (HCS) Providers
Proposed: 7/03/2009 | Adopted: 8/21/2009 | Effective: 9/01/2009
Agenda Item 6g. Recommendation to propose an amendment to Subchapter A, Cost Determination Process, §355.112, Attendant Compensation Rate Enhancement
Proposed: 7/31/2009 | Adopted: 10/30/2009 | Effective: 11/08/2009
Agenda Item 6h. Recommendation to propose an amendment to Subchapter C, Reimbursement Methodology for Nursing Facilities, §355.308, Direct Care Staff Rate Component
Proposed: 7/31/2009 | Adopted: 10/30/2009 | Effective: 11/08/2009
March 18, 2009
Agenda Item 5a. Recommendation to propose amendments to Subchapter A, Cost Determination Process, §355.110, Informal Reviews and Formal Appeals, and §355.111, Administrative Contract Violations - HHSC Rate Analysis
Proposed: 5/1/2009 l Adopted: 7/31/2009 | Effective: 8/3/2009
Agenda Item 5b. Recommendation to propose a new section in 40 TAC Chapter 9, Subchapter E, governing Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Programs--Contracting - Provider Services
Proposed: 4/17/2009 | Adopted: 7/17/2009 | Effective: 8/1/2009
Agenda Item 5d. Recommendation to propose new sections in 40 Texas Administrative Code (TAC) Chapter 99, governing Criminal Convictions Barring Facility Licensure; amendments to certain sections in 40 TAC Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification, 40 TAC Chapter 90, governing Intermediate Care Facilities for Persons with Mental Retardation and/or Related Conditions, 40 TAC Chapter 92, governing Licensing Standards for Assisted Living Facilities, 40 TAC Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies (HCSSAs), and 40 TAC Chapter 98, governing Adult Day Care and Day Activity and Health Services Requirements; and the repeal of a section in 40 TAC Chapter 97 - Regulatory Services
Proposed: 4/17/2009 | Adopted: 7/31/2009 | Effective: 9/01/2009
Agenda Item 5e. Recommendation to propose the repeal of 40 TAC Chapter 79, Subchapter OO, governing Guardianships - Legal Services
Proposed: 4/17/2009 | Adopted: 7/10/2009 | Effective: 7/16/2009
Agenda Item 5f. Recommendation to propose amendments to certain sections in 40 TAC Chapter 51, Medically Dependent Children Program (MDCP) - Provider Services
Proposed: 4/17/2009 | Adopted: 8/28/2009 | Effective: 9/01/2009
Dec. 10, 2008
Agenda Item 6b. Recommendation to propose the repeal of 40 TAC §49.43, Expedited Payments System, in Chapter 49, governing Contracting for Community Care Services - Chief Financial Division
Proposed: 1/23/2009 l Adopted: 4/17/2009 | Effective: 4/30/2009
Agenda Item 6c. Recommendation to propose an amendment to 40 TAC, §19.2146, Termination of Provider Agreement on the Basis of the Imposition of Enforcement Actions Three Times Within an Accountability Period, in Chapter 19, governing Nursing Facility Requirements and Medicaid Certification - Provider Services
Proposed: 1/23/2008 | Adopted: 4/17/2009 | Effective: 4/21/2009
Sept. 17, 2008
Agenda Item 6a. Recommendation to propose an amendment to §355.509, in Chapter 1 TAC Chapter 355, Subchapter E, Community Care for Aged and Disabled
Proposed: 10/24/2008 | Adopted: 1/16/2009 | Effective: 1/25/2009
Agenda Item 6b. Recommendation to propose amendments to certain sections in 40 TAC Chapter 18, governing Nursing Facility Administrators
Proposed: 10/24/2008
Agenda Item 6c. Recommendation to propose an amendment to §2.253, new §2.274; and the repeal of §2.274 in 40 TAC Chapter 2, Subchapter F, governing Continuity of Services - State Mental Retardation Facilities
Proposed: 10/24/2008 | Adopted: 3/27/2009 | Effective: 4/2/2009
Agenda Item 6d. Recommendation to propose amendments, new sections, and the repeal of certain sections in 40 TAC Chapter 47, governing Contracting to Provide Primary Home Care
Proposed: 10/24/2008
June 18, 2008
Agenda Item 6a. Recommendation to propose new 40 TAC Chapter 2, Subchapter G, governing Role and Responsibilities of an MRA; and the repeal of 40 TAC Chapter 2, Subchapter H, governing Standards and Quality Assurance for Mental Retardation Community Services and Supports
Proposed: 8/1/2008 | Adopted: 11/21/2008 | Effective: 12/1/2008
Agenda Item 6b. Recommendation to propose the repeal of 40 TAC §19.210, Temporary Change of Ownership, and new 40 TAC §19.210, Change of Ownership, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 8/8/2008 | Adopted 11/28/2008 | Effective: 12/1/2008
Agenda Item 6c. Recommendation to propose new sections and the repeal of certain sections in 40 TAC Chapter 92, governing Licensing Standards for Assisted Living Facilities
Proposed: 8/1/2008 | Adopted: 1/9/2009 | Effective: 1/15/2009
Agenda Item 6d. Recommendation to propose amendments to 40 TAC §19.208, Renewal Procedures and Qualifications, and §19.216, License Fees, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 8/8/2008 | Adopted: 1/9/2009 | Effective: 1/15/2009
Agenda Item 6e. Recommendation to propose amendments to 40 TAC §98.15, Renewal Procedures and Qualifications; §98.21, License Fees; and §98.82, Determinations and Actions Pursuant to Inspections; and new §98.63, Peer Review, in Chapter 98, governing Adult Day Care and Day Activity and Health Services Requirements
Proposed: 9/19/2008 | Adopted: 1/9/2009 | Effective: 1/15/2009
Agenda Item 6f. Recommendation to propose amendments to certain sections in 40 TAC Chapter 90, governing Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions
Proposed: 8/1/2008 | Adopted: 1/9/2009 | Effective: 1/15/2009
Agenda Item 6g. Recommendation to propose amendments to certain sections in 40 TAC Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 9/19/2008 | Adopted: 1/9/2009 | Effective: 1/15/2009
Agenda Item 6h. Recommendation to propose amendments to certain sections and the repeal of §97.602; and new §97.502 and §97.602, in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 8/8/2008 | Adopted: 1/9/2009 | Effective: 1/15/2009
Agenda Item 6i. Recommendation to propose new sections in 40 TAC Chapter 16, governing a Pilot Program to Increase the Use of Advance Directives in Nursing Facilities and Intermediate Care Facilities for Persons with Mental Retardation
Proposed: 8/1/2008 | Adopted: 11/21/2008 | Effective: 12/1/2008
Agenda Item 6j. Recommendation to propose an amendment to 40 TAC §44.61, How is a client's co-payment determined and what are the procedures for collecting the co-payment?, in Chapter 44, governing Client Managed Personal Attendant Services (CMPAS)
Proposed: 8/1/2008 | Adopted: 11/28/2008 | Effective: 12/1/2008
Agenda Item 6k. Recommendation to propose amendments to certain sections in 40 TAC Chapter 41, Consumer Directed Services Option; and new sections in 40 TAC Chapter 43, Service Responsibility Option
Proposed: 8/1/2008 | Adopted: 12/26/2008 | Effective: 1/1/2009
March 19, 2008
Agenda Item 5a. Recommendation to propose the repeal of §352.10, Quality Assurance Fee for the Home and Community-based Services and Community Living Assistance and Support Services waiver programs, under Title 1, Part 15, Chapter 352
Proposed: 5/2/2008 l Adopted: 8/8/2008 l Effective: 8/17/2008
Agenda Item 5b. Recommendation to propose amendments to Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter A, Cost Determination Process, §355.105 Cost Reporting and §355.105, General Reporting and documentation Requirements, Methods and Procedures
Proposed: 5/2/2008 | Adopted: 10/24/2008 | Effective: 11/2/2008
Agenda Item 5c. Recommendation to propose amendments to 1 TAC §355.114 in Chapter 355, Cost Determination Process Consumer Directed Services Payment Option
Proposed: 5/16/2008 l Adopted: 8/8/2008 l Effective: 8/17/2008
Agenda Item 5d. Recommendation to propose amendments to 40 TAC §19.413, Access and Visitation Rights, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5e. Recommendation to propose new 40 TAC §92.801, Access to Residents and Records by the Long-Term Care Ombudsman Program, in Chapter 92, governing Licensing Standards for Assisted Living Facilities
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5f. Recommendation to propose new sections in 40 TAC Chapter 85, Implementation of the Older Americans Act; and the repeal of certain sections in 40 TAC Chapter 83, Area Agency on Aging Administrative Requirements, 40 TAC Chapter 84, General Service Requirements, and 40 TAC Chapter 100, Miscellaneous
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5g. Recommendation to propose the repeal of 40 TAC Chapter 93, Employee Misconduct Registry (EMR), and propose new 40 TAC Chapter 93, Employee Misconduct Registry (EMR)
Proposed: 4/18/2008 l Adopted: 8/29/2008 | Adopted: 9/1/2008
Agenda Item 5h. Recommendation to propose amendments to certain sections, the repeal of certain sections, and new sections in 40 TAC Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification, to implement the Resource Utilization Group (RUG) classification system and provider payment methodology
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5i. Recommendation to propose amendments to certain sections in Title 1, Part 40, Texas Administrative Code, governing the Community Based Alternatives Program, Medicaid Hospice Program, Medically Dependent Children Program, and Programs of All-Inclusive Care for the Elderly, relating to assessments performed under the Resource Utilization Group (RUG) classification system
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5j. Recommendation to propose amendments to 1 TAC Chapter 355, Subchapter C, Reimbursement Methodology for Nursing Facilities, §355.307, Reimbursement Setting Methodology, §355.308, Direct Care Staff Rate Component, and §355.311, Medicaid Reimbursement Rates for State Veterans Homes
Proposed: 5/23/2008 | Adopted: 8/15/2008 | Effective: 8/21/2008
Agenda Item 5k. Recommendation to propose amendment to 1 TAC Subchapter E, Community Care for the Aged and Disabled, §355.503, Reimbursement Methodology for the Community-based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs
Proposed: 5/16/2008 | Adopted: 8/29/2008 | Effective: 9/3/2008
Agenda Item 5l. Recommendation to propose new sections, amendments to certain sections, and the repeal of certain sections governing the Community Based Alternatives, Community Living Assistance and Support Services, Consolidated Waiver, Deaf Blind with Multiple Disabilities, and Medically Dependent Children programs, concerning the implementation of Rider 45 in the 2008-09 General Appropriations Act
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5m. Recommendation to propose amendments to 40 TAC §46.13, Housing Options, in Chapter 46, governing Contracting to Provide Assisted Living and Residential Care Services; and to 40 TAC §50.28, Housing Options in Assisted Living/Residential Care Services, in Chapter 50, governing the §1915(c) Consolidated Waiver Program
Proposed: 4/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Dec. 12, 2007
Agenda Item 5a. Recommendation to propose the repeal of §355.454, Frequency of Reporting Costs, and amend §355.457, Fiscal Accountability, under Subchapter D, Reimbursement Methodology for Intermediate Care Facilities for Persons with mental Retardation (ICF/MR) and §355.722, Reporting Costs by Home and Community-based Services Providers under Subchapter F, Reimbursement Methodology for Programs Servicing Persons with Mental Illness and Mental Retardation under Title 1, Part 15, Chapter 355
Proposed: 2/15/2008 | Adopted: 6/20/2008 | Effective: 6/25/2008
Agenda Item 5b. Recommendation to propose new 40 TAC §19.2614, Customized Power Wheelchairs, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 1/18/2008 | Adopted: 4/18/2008 | Effective: 5/1/2008
Agenda Item 5c. Recommendation to propose amendment to Title 1, Part 15, Chapter 355 Reimbursement Rates, New Rule §355.310, Reimbursement Methodology – Customized Power Wheelchairs and Associated Evaluations in Subchapter C, Reimbursement Methodology for Nursing Facilities – Pam McDonald, HHSC Rate Analysis
Proposed: 2/1/2008 | Adopted: 5/2/2008 | Effective: 5/8/2008
Agenda Item 5d. Recommendation to propose amendments to 40 TAC §19.101, Definitions; §19.403, Notice of Rights and Services; §19.701, Quality of Life; §19.2004, Determinations and Actions Pursuant to Inspections; and new §19.706, Resident Group and Family Council, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 1/18/2008 | Adopted: 8/29/2008 | Effective: 9/1/2008
Agenda Item 5e. Recommendation to propose amendments to certain sections in 40 TAC Chapter 94, governing Nurse Aides
Proposed: 1/18/2008 | Adopted: 4/25/2008 | Effective: 5/1/2008
Agenda Item 5f. Recommendation to propose amendments to 40 TAC §19.208, Renewal Procedures and Qualifications; §19.214, Criteria for Denying a License or Renewal of a License; and §19.2112, Administrative Penalties, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 1/18/2008 | Adopted: 4/25/2008 | Effective: 5/4/2008
Agenda Item 5g. Recommendation to propose amendments to certain section in 40 TAC Chapter 9, Subchapter D, governing the Home and Community-based Services (HCS) Program
Proposed: 1/18/2008 | Adopted: 5/30/2008 | Effective: 6/1/2008
Agenda Item 5h. Recommendation to propose amendments to certain sections in 40 TAC Chapter 9, Subchapter N, governing the Texas Home Living (TxHmL) Program
Proposed: 1/18/2008 | Adopted: 5/30/2008 | Effective: 6/1/2008
Sept. 20, 2007
Agenda Item 7a. Recommendation to Propose Amendments to Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter E, Community Care for the Aged and Disabled, §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs, §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program and §355.5902, Reimbursement Methodology for Primary Home Care Services,
Proposed: 11/9/2007 | Adopted: 1/25/2008 | Effective: 2/3/2008
Agenda Item 7b. Recommendation to Propose Amendments to §§352.1, 352.2, 352.3, 352.4, 352.5, 352.6, 352.7, 352.8, and 352.9, concerning the quality assurance fee for the Intermediate Care Facilities Mental Retardation (ICF/MR) program
Proposed: 11/2/2007 | Adopted: 1/25/2008 | Effective: 2/3/2008
Agenda Item 7c. Recommendation to propose amendments to 40 TAC §10.311, Qualifications and Training Requirements for Contractor Employees; §10.315, Criminal Background Checks; and §10.321, Roles and Responsibilities of Case Managers, in Chapter 10, governing Guardianship Services
Proposed: 10/19/2007 | Adopted: 1/11/2008 | Effective: 1/20/2008
Agenda Item 7d. Recommendation to propose an amendment to 40 TAC §19.1306, Payment for Specialized and Rehabilitative Services, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 10/19/2007 | Adopted: 1/25/2008 | Effective: 2/1/2008
Agenda Item 7e. Recommendation to Propose Amendments to 1 Texas Administrative Code §355.313 concerning new reimbursement methodology for nursing facility rehabilitative and specialized services
Proposed: 11/9/2007 | Adopted: 1/11/2008 | Effective: 1/20/2008
Agenda Item 7f. Recommendation to propose amendments to 40 TAC §92.10, Criteria for Licensing; §92.15, Renewal Procedures and Qualifications; §92.20, License Fees; and §92.51, Licensure of Facilities for Persons with Alzheimer's Disease, in Chapter 92, governing Licensing Standards for Assisted Living Facilities
Proposed: 10/19/2007 | Adopted: 2/8/2008 | Effective: 9/1/2008
Agenda Item 7g. Recommendation to propose amendments to 40 TAC §97.3, License Fees; §97.15, Issuance of an Initial License; §97.17, Application Procedures for a Renewal License; §97.19, Issuance of a Renewal License; §97.25, Application Procedures and Requirements for Change of Ownership; and §97.521, Requirements for an Initial Survey, in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 10/19/2007 | Adopted: 2/8/2008 | Effective: 9/1/2008
Agenda Item 7h. Recommendation to propose amendments to 40 TAC §98.11, Criteria for Licensing; §98.15, Renewal Procedures and Qualifications; and §98.21, License Fees, in Chapter 98, governing Adult Day Care and Day Activity and Health Services Requirements
Proposed: 10/19/2007 | Adopted: 2/8/2008 | Effective: 9/1/2008
Agenda Item 7i. Recommendation to propose amendments to certain sections concerning emergency preparedness and response plans, and to propose new sections and the repeal of a section concerning administrator training in 40 TAC Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 10/19/2007 | Adopted: 2/8/2008 | Effective: 5/1/2008
June 15, 2007
Agenda Item 7a. Recommendation to Propose Amendment to Title 1, Chapter 355, Medicaid Reimbursement Rates for State Veterans Homes, §355.311
Proposed: 8/10/2007 | Adopted: 10/19/2007 | Effective: 10/28/2007
Agenda Item 7b. Recommendation to Propose Amendment to Title 1, Chapter 355, Reimbursement Setting Methodology, §355.312, Liability Insurance
Proposed: 8/10/2007 | Adopted: 10/19/2007 | Effective: 10/28/2007
Agenda Item 7c. Recommendation to Propose Amendments to Title 1, Chapter 355, Cost Determination Process Attendant Compensation Rate Enhancement, §355.112, and to 1, Chapter 355, Community Care for the Aged and Disabled Reimbursement Methodology for the Community-Based Alternatives Waiver Program, §355.503
Proposed: 8/10/2007 | Adopted: 10/19/2007 | Effective: 10/28/2007
Agenda Item 7d. Recommendation to Propose Amendment to Title 1, Chapter 355, Cost Determination Process General Principles of Allowable and Unallowable Costs, §355.102
Proposed: 8/10/2007 | Adopted: 10/19/2007 | Effective: 10/28/2007
Agenda Item 7e. Recommendation to propose amendment to Title 1, Chapter 355, Reimbursement Rates, Subchapter E, Community Care for Aged and Disabled, §355.507, Reimbursement Methodology for the Medically Dependent Children Program (MDCP)
Proposed: 7/6/2007 | Adopted: 8/24/2007 | Effective: 9/1/2007
Agenda Item 7f. Recommendation to propose amendment to 1 TAC §355.114 in Chapter 355, Cost Determination Process Consumer Directed Services Payment Option
Proposed: 7/6/2007 | Adopted: 8/24/2007 | Effective: 9/1/2007
Agenda Item 7g. Recommendation to propose amendments to Title 1, Chapter 355, Reimbursement Rates, Subchapter D, Reimbursement Methodology for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), §355.456, Rate Setting Methodology, and §355.458, Rebasing the Non-State Operated Facility Modeled Rates; and Subchapter F, Reimbursement Methodology for Programs Serving Persons with Mental Illness and Mental Retardation, §355.722, Reporting Costs by Home and Community-Based Services (HCS) Providers, and §355.723, Reimbursement Methodology for Home and Community-Based Services
Proposed: 7/6/2007 | Adopted: 8/24/2007 | Effective: 9/1/2007
Agenda Item 7h. Recommendation to Propose Amendments to certain sections, and the repeal of certain sections, concerning charges for community services, in 40 TAC Chapter 2
Proposed: 7/13/2007 | Adopted: 10/19/2007 | Effective: 11/1/2007
Agenda Item 7i. Recommendation to Propose an Amendment to 40 TAC §97.527, concerning post-survey procedures, in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 7/13/2007 | Adopted: 10/19/2007 | Effective: 11/1/2007
Feb. 28, 2007
Agenda Item 5a. Recommendation to propose new sections, the repeal of sections, and an amendment, concerning surrogate decision-making, in 40 TAC, Chapters 6, 8, and 9, governing ICF/MR Programs--Contracting
Proposed: 3/30/2007 | Adopted: 6/22/2007 | Effective: 7/01/2007
Agenda Item 5b. Recommendation to propose the repeal of certain sections concerning rulemaking procedures and the Board of Human Services in 40 TAC Chapter 79, Legal Services; and the repeal of certain sections concerning the Texas Board on Aging and rulemaking procedures in 40 TAC Chapter 100, Miscellaneous
Proposed: 3/30/2007 | Adopted: 6/15/2007 | Effective: 6/20/2007
Agenda Item 5c. Recommendation to propose new 40 TAC §19.2613, concerning augmentative communication device systems, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 3/30/2007 | Adopted: 6/22/2007 | Effective: 7/01/2007
Agenda Item 5d. Recommendation to propose new 40 TAC Chapter 53, governing Integrated Care Management §1915(c) Waiver Services
Proposed: 3/30/2007 | Adopted: 10/12/2007 | Effective: 2/1/2008
Agenda Item 5e. Recommendation to propose amendments to 40 TAC §48.2901, Eligibility for Services, and §48.6003, Client Eligibility Criteria, in Chapter 48, governing Community Care for Aged and Disabled
Proposed: 3/30/2007 | Adopted: 10/12/2007 | Effective: 2/1/2008
Nov. 15, 2006
Agenda Item 6a. Recommendation to Propose Amendment to Title 1, Chapter 355, Subchapter A, Cost Determination Process, §355.110, Informal Reviews and Formal Appeals
Proposed: 12/29/2006 | Adopted: 3/23/2007 | Effective: 4/1/2007
Agenda Item 6b. Recommendation to repeal 40 TAC Chapter 7, Subchapter G, governing Community Relations, and Chapter 61, governing Community Services--Volunteer Services; and to propose new Chapter 61, governing Volunteer and Community Engagement
Proposed: 12/22/2006 | Adopted: 3/9/2007 | Effective: 3/15/2007
Agenda Item 6c. Recommendation to propose an amendment to 40 TAC §19.419, concerning advance directives, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 12/22/2006 | Adopted: 3/16/2007 | Effective: 4/1/2007
Agenda Item 6d. Recommendation to propose an amendment to 40 TAC §19.2308, concerning change of ownership, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 12/22/2006 | Adopted: 3/30/2007 | Effective: 4/2/2007
Agenda Item 6e. Recommendation to propose an amendment to 40 TAC §19.2601, Vendor Payment (Items and Services Included), in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Council recommended that the proposal be brought back to the February meeting for further consideration.
Agenda Item 6f. Recommendation to propose new and amended sections, concerning nursing facility financial viability, in Chapter 19, governing Nursing Facility Requirements for
Licensure and Medicaid Certification
Proposed: 12/22/2006 | Adopted: 7/6/2007 | Effective: 9/1/2007
Agenda Item 6g. Recommendation to propose amendments concerning accreditation surveys to 40 TAC §§92.3, 92.10, 92.12, 92.15, 92.41, and 92.559, in Chapter 92, governing
Licensing Standards for Assisted Living Facilities
Proposed: 12/22/2006 | Adopted: 3/16/2007 | Effective: 4/1/2007
Agenda Item 6h. Recommendation to propose amendments to certain sections, concerning updating Life Safety Code references to the 2000 edition, in 40 TAC, Chapter 98, governing Adult Day Care and Day Activity and Health Services Requirements
Proposed: 12/22/2006 | Adopted: 3/23/2007 | Effective: 4/1/2007
Aug. 9, 2006
Agenda Item 9a. Recommendation to propose the repeal of sections and new sections in 40 TAC Chapter 41, governing the Consumer Directed Services (CDS) Option
Proposed: 9/15/2006 | Adopted: 12/22/2006 | Effective: 1/1/2007
Agenda Item 9b.Recommendation to propose amendments to certain sections, concerning enrollment and waiting list processes, the consumer directed services (CDS) option, and billing and payment, in 40 TAC Chapter 9, Subchapter D, governing the Home and Community-based Services (HCS) Program
Proposed: 9/15/2006 | Adopted: 2/9/2007 | Effective: 3/1/2007
Agenda Item 9c. Recommendation to propose amendments to certain sections, the repeal of certain sections, and a new section, concerning enrollment time frames, and the consumer directed services (CDS) option in 40 TAC Chapter 9, Subchapter N, governing the Texas Home Living (TxHmL) Program
Proposed: 9/15/2006 | Adopted: 2/9/2007 | Effective: 3/1/2007
Agenda Item 9d. Recommendation to propose an amendment to 1 TAC §355.114, concerning the Reimbursement Methodology for the consumer directed services payment option
Proposed: 9/22/2006 | Adopted: 1/5/2007 | Effective: 2/1/2007
Agenda Item 9e. Recommendation to propose new sections in 40 TAC Chapter 4, Subchapter C, governing Rights of Individuals with Mental Retardation, and to repeal 40 TAC Chapter 8, Subchapter Y, governing Rights of Mentally Retarded Persons
Proposed: 9/8/2006 | Adopted: 12/22/2006 | Effective: 1/1/2007
Agenda Item 9f. Recommendation to propose amendments to §§97.2, 97.11, 97.19, and 97.241, and new §97.223, concerning criminal history convictions, in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 9/8/2006 | Adopted: 11/24/2006 | Effective: 12/1/2006
Agenda Item 9g. Recommendation to propose an amendment to 40 TAC §48.2906, Age Requirement, in Chapter 48, governing Community Care for Aged and Disabled
Proposed: 4/13/2007 | Adopted: 8/24/2007 | Effective: 9/1/2007
May 3, 2006
Agenda Item 5a. Recommendation to propose new 40 TAC Chapter 10, governing Guardianship Services
Proposed: 5/26/2006 | Adopted: 8/25/2006 | Effective: 9/1/2006
Agenda Item 5b. Recommendation to propose new 40 TAC Chapter 17, governing the Pilot Program for Monitoring Certain Unlicensed Long-Term Care Facilities
Proposed: 6/2/2006 | Adopted: 8/25/2006 | Effective: 9/1/2006
Agenda Item 5c(i). Recommendation to propose amendments to 40 TAC §§9.153, 9.164, 9.166, and 9.174, and new §§9.167, 9.168, and 9.189, concerning permanency planning, in Chapter 9, Subchapter D., governing the Home and Community-based Services (HCS) Program
Proposed: 6/16/06 | Adopted: 8/25/2006 | Effective: 9/1/2006
Agenda Item 5c(ii). Recommendation to propose amendment to 40 TAC §§9.203, 9.222, and 9.244, and new §9.250, concerning permanency planning, in Chapter 9, Subchapter E, governing ICF/MR Programs -- Contracting
Proposed: 6/2/2006 | Adopted: 8/25/2006 | Effective: 9/1/2006
Agenda Item 5c(iii). Recommendation to propose amendment to 40 TAC §§2.253, 2.264-2.269, and 2.274, new §2.283, and the repeal of §2,283 and §2,284, concerning permanency planning, in Chapter 2, Subchapter F, governing Continuity of Services - State Mental Retardation Facilities
Proposed: 6/2/2006 | Adopted: 8/25/2006 | Effective: 9/1/2006
Agenda Item 5c(iv). Recommendation to propose amendments to 40 TAC §19.802 and §19.805, concerning permanency planning, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 6/2/2006 | Adopted: 8/25/2006 | Effective: 9/1/2006
Agenda Item 5d. Recommendation to propose an amendment to 40 TAC §48.2906, Age Requirement, in Chapter 48, governing Community Care for Aged and Disabled
Proposal was revised and taken to the August 9 Council meeting.
Agenda Item 5e. Recommendation to propose amendments to 40 TAC §§97.243, 97.295, and 97.602, new §97.244 and §97.259, and the repeal of §97.244, concerning agency administration, in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies
Proposed: 6/16/06 | Adopted: 9/8/2006 | Effective: 12/1/2006
Jan. 25, 2006
Agenda Item 6a. Recommendation to repeal 40 TAC Chapter 76, governing Criminal History Check of Employees in Facilities for Care of the Aged and Persons with Disabilities.
Proposed: 3/3/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6b. Recommendation to propose an amendment to 40 TAC §19.910, Quality Assurance Early Warning Systems, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 3/3/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6c. Recommendation to propose an amendment to 40 TAC §19.911, Rapid Response Teams, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 3/3/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6d. Recommendation to propose an amendment to 40 TAC §19.801, Resident Assessment, in Chapter 19, governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 3/3/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6e. Recommendation to propose new 40 TAC §7.3, to amend 40 TAC §§7.1, 7.6, and 7.7, to repeal 40 TAC §§7.2-7.4 in Chapter 7, Subchapter A, governing Standard Operating Procedures; and to repeal 40 TAC Chapter 68, governing Business Services
Proposed: 3/3/2006 | Adopted: 5/19/2006 | Effective: 6/1/2006
Agenda Item 6f. Recommendation to propose an amendment to 40 TAC §19.1917,
Quality Assessment and Assurance, in Chapter 19, governing Nursing Facility Requirements
for Licensure and Medicaid Certification
Proposed: 3/3/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6g(i). Recommendation to propose amendments to certain sections,
the repeal of certain sections, and new sections, concerning restraint and seclusion,
in 40 TAC Chapter 9, Subchapter D, governing the Home and Community-based Services
(HCS) Program
Proposed: 2/24/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006 | Correction to §9.178 Proposed: 8/18/2006 | Adopted: 10/27/2006 | Effective: 11/1/2006
Agenda Item 6g(ii). Recommendation to propose amendments to §90.3 and §90.42,
and to propose new §90.328, concerning restraint and seclusion, in Chapter
90, governing Intermediate Care Facilities for Persons with Mental Retardation
or Related Conditions
Proposed: 2/24/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agena Item 6g(iii). Recommendation to propose amendments to 40 TAC §§19.101,
19.403, 19.408, and 19.601, concerning restraint and seclusion, in Chapter 19,
governing Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 2/24/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6g(iv). Recommendation to propose amendments to 40 TAC §§92.3,
92.41, and 92.559, concerning restraint and seclusion, in Chapter 92, Licensing
Standards for Assisted Living Facilities
Proposed: 2/24/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Agenda Item 6h. Recommendation to propose amendments to certain sections,
the repeal of certain sections, and new sections in 40 TAC Chapter 30, governing
the Medicaid Hospice Program
Proposed: 3/3/2006 | Adopted: 5/19/2006 | Effective: 6/1/2006
Agenda Item 6i. Recommendation to propose the repeal of 40 TAC §§42.12,
48.2123, 48.6099, 50.50, and 51.239, and to propose new 40 TAC §§42.12,
48.2123, 48.6099, 50.50, and 51.239, concerning provision of certain Medicaid
waiver program services when costs exceed the individual cost limit
Proposed: 2/24/2006 | Adopted: 5/26/2006 | Effective: 6/1/2006
Sept. 14, 2005
Agenda Item 6a. Recommendation to propose amendments to 40
TAC §48.6031, Emergency Response Services Program, and 40 TAC §50.24,
Emergency Response Services Program; and to repeal 40 TAC Chapter 52, Emergency
Response Services, and propose new 40 TAC Chapter 52, Contracting to Provide
Emergency Response Services
Proposed: 10/14/2005 | Adopted: 2/24/2006 | Effective: 3/1/2006
Agenda Item 6b. Recommendation to propose new and amended sections and to
repeal certain sections in 40 TAC Chapter 97, governing Licensing Standards for
Home and Community Support Services Agencies
Proposed: 10/14/2005 | Adopted: 3/3/2006 | Effective: 6/1/2006
Aug. 3, 2005
Agenda Item 6. Recommendation to propose amendments to 40 TAC §46.13
and §50.28,
governing Housing Options in Assisted Living/Residential Care Services, and to
repeal 40 TAC §48.6033 and §48.6034, governing Contracting Requirements
and Housing Options in Assisted Living/Residential Care Services for the Community
Based Alternatives Program
Proposed: 9/9/2005 | Adopted: 12/23/2005 | Effective: 1/1/2006
June 15, 2005
Agenda Item 6a. Recommendation to propose an amendment to 40 TAC §9.254,
Items and Services Provided by the Program Provider, in Chapter 9, Subchapter
E, governing ICF/MR Programs — Contracting
Proposed: 8/12/2005 | Adopted: 11/25/2005 | Effective: 1/1/2006
Agenda Item 6b. Recommendation to propose an amendment to 40 TAC §19.2601,
Vendor Payment (Items and Services Included), in Chapter 19, governing Nursing
Facility Requirements for Licensure and Medicaid Certification
Proposed: 8/12/2005 | Adopted: 11/25/2005 | Effective: 1/1/2006
Updated: December 27, 2012