DADS rules in progress

Rules are published in the Texas Register to give the public notice of a state agency's proposed rulemaking action and to allow interested individuals an opportunity to review and make comments on the proposed rule. The public comment period begins on the date the notice is published in the Texas Register and lasts for at least 30 days.

The following rules have been recommended for proposal by the Aging and Disability Services Council and the Texas Department of Aging and Disability Services (DADS) commissioner and were approved for publication in the Texas Register by the executive commissioner of the Texas Health and Human Services Commission.

The information below includes the council meeting at which the rule was recommended as well as the agenda item number and title. Also included are links to the Texas Register's website as the rule is published as proposed, adopted and effective.

Archive of rules from calendar years 2005-2011.

March 7, 2013

Agenda Item 6a. Recommendation to propose repealing §355.451, Definitions and General Reimbursement Information; and §355.452, Cost Reporting Procedures; and §355.453 Allowable and Unallowable Costs, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter D; and §355.703, Basic Objectives and Criteria for Review of Cost Reports; and §355.704 Determination of Inflation Indices; and §355.705, Notification; and §355.706, Adjusting Reimbursement; and §355.708, Allowable and Unallowable Costs; and §355.709, Revenues, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter F
Proposed: 04/19/2013

Agenda Item 6b. Recommendation to propose amendments §355.105, General Reporting and Documentation Requirements, Methods, and Procedures, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter A
Proposed: 05/03/2013

Agenda Item 6c. Recommendation to propose amendments to §355.112, Attendant Compensation Rate Enhancement, under Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter A
Proposed: 06/28/2013

Agenda Item 6d. Recommendation to propose an amendment to 40 TAC §19.2322, Medicaid Bed Allocation Requirements, and the repeal of §19.2324, Selection and Contracting Procedures for Adding Medicaid Beds in High-Occupancy Areas, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 04/12/2013

Agenda Item 6e. Recommendation to propose amendments to 40 TAC §19.101, Definitions; §19.502, Transfer and Discharge in Medicaid-certified Facilities; §19.602, Incidents of Abuse and Neglect Reportable to the Texas Department of Human Services (DHS) and Law Enforcement Agencies by Facilities; §19.1920, Operating Policies and Procedures; §19.1921, General Requirements for a Nursing Facility; §19.2006, Reporting Incidents and Complaints; §19.2008, Investigations of Incidents and Complaints; and §19.2310, Nursing Facility Ceases to Participate, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification
Proposed: 04/12/2013

Agenda Item 6f. Recommendation to propose amendments, new sections, and repeal in 40 TAC Chapter 9, Subchapter E, concerning ICF/IID Programs–Contracting
Proposed: 04/19/2013

December 6, 2012

Agenda Item 6a. Recommendation to propose amendments to certain sections, new sections, and the repeal of a section in 40 TAC Chapter 97, Licensing Standards for Home and Community Support Services Agencies (HCSSAs) Licensed to Provide Hospice Services
Proposed: 06/21/2013

Agenda Item 6b. Recommendation to propose amendments to 40 TAC §90.3, Definitions, and §90.42, Standards for Facilities Serving Persons with an Intellectual Disability or Related Conditions, in Chapter 90, governing Intermediate Care Facilities for Persons with an Intellectual Disability or Related Conditions
Proposed: 02/01/2013 | Adopted: 06/14/2013 | Effective: 06/17/2013

Agenda Item 6c. Recommendation to propose amendments to 40 TAC §97.220, Service Areas, and §97.281, Client Care Policies, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies
Proposed: 06/21/2013

Agenda Item 6d. Recommendation to propose new sections and amendments to certain sections in 40 TAC Chapter 42, Deaf Blind with Multiple Disabilities (DBMD) Program; Chapter 45, Community Living Assistance and Support Services; Chapter 47, Contracting to Provide Primary Home Care; Chapter 48, Community Care for Aged and Disabled; and Chapter 51, Medically Dependent Children Program
Proposed: 06/21/2013

Agenda Item 6e. Recommendation to propose new §98.105, concerning administrative penalties, in Chapter 98, Adult Day Care and Day Activity and Health Services Requirements
Proposed: 01/11/2013 | Adopted: 04/26/2013 | Effective: 05/01/2013

Agenda Item 6f. Recommendation to propose an amendment to 40 TAC §9.178, Certification Principles: Quality Assurance, in Chapter 9, Subchapter D, Home and Community-Based Services (HCS) Program
Proposed: 01/25/2013 | Adopted: 05/10/2013 | Effective: 05/15/2013

Agenda Item 6g. Recommendation to propose the repeal of 40 TAC Chapter 44, Client Managed Personal Attendant Services, and new Chapter 44, Consumer Managed Personal Attendant Services
Proposed: 06/21/2013

Agenda Item 6h. Recommendation to propose amendments to certain sections, new sections, and the repeal of certain sections in 40 TAC Chapter 41, Consumer Directed Services Option
Proposed: 01/11/2013 | Adopted: 06/21/2013

Agenda Item 6i. Recommendation to propose the repeal of §§94.1-94.11 and new §§94.1-94.12 in 40 TAC Chapter 94, Nurse Aides
Proposed: 03/15/2013 | Adopted: 06/21/2013

June 7, 2012

Agenda Item 5a. 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; §355.306, Cost Finding Methodology; and §355.308 Direct Care Staff Rate Component, 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; §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; §355.507, Reimbursement Methodology for the Medically Dependent Children Program; §355.509, Reimbursement Methodology for Residential Care; §355.510, Reimbursement Methodology for Emergency Response Services (ERS); §355.511, Reimbursement Methodology for Home-Delivered Meals; 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, Subchapter E; §355.5902, Reimbursement Methodology for Primary Home Care; and §355.6907, Reimbursement Methodology for Day Activity and Health Services, under Title 1 of the TAC, Part 15, Chapter 355, Subchapter G.
Proposed: 08/17/2012Adopted: 11/16/2012  |  Effective: 11/25/2012

Agenda Item 5b. Amendments to 40 TAC §19.405, Additional Requirements for Trust Funds in Medicaid-certified Facilities, and §19.2314, Financial Audits, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification.
Proposed: 07/13/2012  | Adopted: 11/16/2012  |  Effective: 11/20/2012

Agenda Item 5c. Amendments to 40 TAC §19.201, Criteria for Licensing; §19.208, Renewal Procedures and Qualifications; §19.209, Exclusion from Licensure; §19.210, Change of Ownership License; §19.214, Criteria for Denying a License or Renewal of a License; and§19.216, License Fees, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification.
Proposed: 07/06/2012 | Adopted: 11/30/2012  |  Effective: 12/02/2012

Agenda Item 5d. An amendment to 40 TAC §3.101, Definitions; and new Subchapter F, Restraints, consisting of §§3.601-3.608, in Chapter 3, Administrative Responsibilities of State Facilities; and the repeal of Subchapter H, Use of Restraint in State Facilities, consisting of §§5.351-5.366, in Chapter 5, Provider Clinical Responsibilities
Proposed: 11/02/2012 | Adopted: 05/10/2013 | Effective: 05/16/2013

Agenda Item 5e. New sections, amendments to certain sections, and the repeal of certain sections in 40 TAC Subchapter J, Eligibility, and Subchapter H, Community Based Alternatives (CBA) Program, in Chapter 48, Community Care for Aged and Disabled; Chapter 51, Medically Dependent Children Program; and Chapter 98, Adult Day Care and Day Activity and Health Services Requirements
Proposed: 06/29/2012  |  Withdrawn: 10/31/2012

Agenda Item 5f. The repeal of certain sections in 40 TAC Chapter 72, Memorandum of Understanding with Other State Agencies; and the repeal of Subchapter B, Interagency Agreements, consisting of §§100.51-100.55, 100.57, 100.58, 100.64, and 100.75, in 40 TAC Chapter 100, Miscellaneous.
Proposed: 07/06/2012Adopted: 10/19/2012  |  Effective: 10/22/2012

Agenda Item 5g. To amend certain sections in 40 TAC Subchapter D, Home and Community-based Services (HCS) Program, in Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities
Proposed: 10/12/2012 | Adopted: 12/21/2012 | Effective: 01/01/2013

March 8, 2012

Agenda Item 5a. New §355.314, Supplemental Payments to Non-State Government-Owned Nursing Facilities, under Title 1 of the Texas Administrative Code, Part 15, Chapter 355, Subchapter C.
Proposed: 05/04/2012 | Adopted: 08/03/2012  |  Effective: 09/01/2012

Agenda Item 5b. New §355.458, Supplemental Payments to Non-State Government-Owned Facilities, under Title 1 of the Texas Administrative Code, Part 15, Chapter 355, Subchapter D.
Proposed: 05/04/2012Adopted: 08/17/2012  |  Effective: 09/01/2012

Agenda Item 5c. Repeal of §355.506, Reimbursement Methodology for Consolidated Waiver Program under Title 1, Part 15, Chapter 355, Subchapter E.
Proposed: 05/04/2012Adopted: 08/10/2012  |  Effective: 08/15/2012

Agenda Item 5d. Repeal of §90.16, Change of Ownership; new §90.16, Change of Ownership; and amendment to §90.61, Introduction, Application, and General Requirements for Facilities for Persons with an Intellectual Disability or Related Conditions, in Chapter 90, Intermediate Care Facilities for Persons with an Intellectual Disability or Related Conditions.
Proposed: 04/13/2012Adopted: 07/27/2012  |  Effective: 07/30/2012

Agenda Item 5e. Amendments to 40 TAC §19.101, Definitions, and §19.1601, Infection Control, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification.
Proposed: 04/06/2012  |  Adopted: 05/25/2012  |  Effective: 06/01/2012

Agenda Item 5f. Amendments to 40 TAC §90.3, Definitions, and §90.42, Standards for Facilities Serving Persons with an Intellectual Disability or Related Conditions; new §90.43, Administration of Medication; and new §90.329, Vaccine Preventable Disease, in Chapter 90, Intermediate Care Facilities for Persons with an Intellectual Disability or Related Conditions.
Proposed: 04/06/2012  |  Adopted: 05/25/2012  |  Effective: 09/01/2012

Agenda Item 5g. Amendments to 40 TAC §92.2, Definitions; §92.41, Standards for Type A and Type B Assisted Living Facilities; and §92.551, Administrative Penalties, in Chapter 92, Licensing Standards for Assisted Living Facilities.
Proposed: 04/06/2012  |  Adopted: 05/25/2012  |  Effective: 06/01/2012

Agenda Item 5h. Amendments, rule repeal, and new rules, in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies (HCSSAs).
Proposed: 04/13/2012  |  Adopted: 06/22/2012  |  Effective: 07/01/2012

Agenda Item 5i. Amendment to §3.101, Definitions; and new Subchapter E, Death of an Individual, consisting of §§3.501-3.509, in 40 TAC Chapter 3, Administrative Responsibilities of State Facilities; and the repeal of Subchapter K, Death of Persons Served in State Facilities and Community Centers, consisting of §§8.261-8.277 and §8.279, in 40 TAC Chapter 8, Client Care--Intellectual Disability Services.
Proposed: 04/13/2012 |  Adopted: 10/26/2012  |  Effective: 10/29/2012

Agenda Item 5j. Amendments to 40 TAC §3.303 and §3.305 in Subchapter C, Abuse, Neglect, and Exploitation, in Chapter 3, Administrative Responsibilities of State Facilities.
Proposed: 04/13/2012 |    Adopted: 10/26/2012  |  Effective: 10/29/2012

Agenda Item 5k. Amendments to 40 TAC §9.203, Definitions, and §9.219, Provider Reimbursement, in Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities; §19.2609, Payment of Claims, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification; and §30.60, Medicaid Hospice Payments and Limitations, in Chapter 30, Medicaid Hospice Program.
Proposed: 04/13/2012  |  Adopted: 06/22/2012  |  Effective: 07/01/2012

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Updated: July 30, 2014