HHSC has adopted amendments to Title 40, Part I, Texas Administrative Code (40 TAC) Chapter 90, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, effective Oct. 12, 2017. The adopted rules implement the CMS adoption of the 2012 editions of the National Fire Protection Association’s Life Safety Code (NFPA 101) and the Health Care Facilities Code (NFPA 99).

The amendments refer to the 2012 editions of those publications and make references to the publications consistent throughout the amended sections. Consistent with the CMS rule, the amendments allow an existing small facility until July 5, 2019, to be in compliance with the NFPA provisions in Chapter 33 regarding sprinklers and heat detection systems in attics.

Amendments were made to:

  • 40 TAC §90.3, concerning Definitions
  • §90.50, concerning Emergency Preparedness and Response
  • §90.61, concerning Introduction, Application, and General Requirements for Facilities for Persons with an Intellectual Disability or Related Conditions
  • §90.74, concerning Safety Operations

The rules were published as adopted in the Texas Register on Oct. 6, 2017. The amendments are adopted without changes to the proposed text as published in the March 31, 2017, issue of the Texas Register (42 TexReg 1728), and therefore the entire rule was not republished.

The adopted ICF/IID rules will become effective on Oct. 12, 2017.

Email questions regarding this alert to Robert.Ochoa@hhsc.state.tx.us.