Texas Administrative Code Title 40

Social Services and Assistance: As effective August 6, 2010

Chapter 17

§17.101: Purpose

This chapter establishes a pilot program to use local task forces to identify and monitor certain long-term care facilities. In this chapter "long-term care facility" means:

(1) a nursing facility as defined in Texas Health and Safety Code, Chapter 242;

(2) an assisted living facility as defined in Texas Health and Safety Code, §247.002; or

(3) an intermediate care facility for persons with mental retardation as defined by Texas Health and Safety Code, §531.002.

Comments

Source Note: The provisions of this §17.101 adopted to be effective September 1, 2006, 31 TexReg 6800

§17.103: Department of Aging and Disability Services Responsibilities

(a) The Department of Aging and Disability Services (DADS) administers the pilot program through an existing program that works with local officials to create task forces. The pilot program ends on September 1, 2007, unless extended by law. When the pilot program ends, DADS may choose to continue a local task force.

(b) DADS Regulatory Services administers the pilot program. All coordination with DADS is through the state office or regional DADS Regulatory Services staff. DADS designates staff to work with each local task force. DADS asks local government officials to participate in the pilot program.

(c) DADS provides no funding to the local task force.

Comments

Source Note: The provisions of this §17.103 adopted to be effective September 1, 2006, 31 TexReg 6800

§17.105: Local Officials and Task Force Responsibilities

(a) Local officials who choose to participate in the pilot program create a local task force. To the extent possible, local officials include health care providers, representatives from governmental entities, and local government officials. The local task force designates contact persons to work with Department of Aging and Disability (DADS) Regulatory Services.

(b) The local task force coordinates efforts and resources to:

(1) identify and report to DADS or local law enforcement agencies:

(A) a long-term facility operating without a license; or

(B) a long-term care facility that is not providing disclosures required by state law; and

(2) assist a long-term care facility, whenever possible, to obtain the appropriate license or make the appropriate disclosure.

(c) The local task force cooperates with DADS to provide any information necessary for reports required by the Texas Health and Human Services Commission.

Comments

Source Note: The provisions of this §17.105 adopted to be effective September 1, 2006, 31 TexReg 6800