About Negotiated Rulemaking

The term "negotiated rulemaking" specifies a particular process to be used to draft a proposed rule. This process provides for a group of 12-15 stakeholders who represent differing interests affected by the proposed rule to negotiate and potentially reach agreement on a proposed rule.

Senate Bill (SB) 304

The Texas Department of Aging and Disability Services (DADS) is engaging in negotiated rulemaking as required by SB 304, 84th Legislature, 2015. This amendment to the Texas Health and Safety Code allows the HHSC executive commissioner to revoke a nursing facility's license if DADS finds that the license holder has committed 3 or more violations that constitute an immediate threat to resident health and safety related to the abuse or neglect of a resident within a 24-month period.  SB 304 also requires the HHSC executive commissioner to establish criteria under which a license revocation may be stayed following the negotiated rulemaking procedures in Texas Government Code Chapter 2008.

Appointing a Convener

The first step in the negotiated rulemaking process was to appoint a convener to identify stakeholders affected by the proposed rule, the interests that need to be represented and the probability of reaching consensus on the proposed rule. DADS retained the University of Texas Center for Public Policy Dispute Resolution to serve as the convener and make appropriate recommendations. The convener also managed an application process to identify additional individuals and groups interested in the proposed rule. Based on interviews used to develop the convener's report DADS proposed a list of candidates to be named to the negotiated rulemaking committee.

A proposed list of candidates named to the SB 304 negotiated rulemaking committee was published in the March 25, 2016, edition of the Texas Register. In accordance with the requirements outlined in §2008.053 of the Government Code, DADS requested comments on the proposal to engage in negotiated rulemaking and/or the proposed membership of the negotiated rulemaking committee. The comment period allowed for individuals who may be significantly affected by the proposed rule or who believed their interests were not sufficiently represented to apply to DADS for membership on the committee or nominate someone to represent their interests. In developing the committee, DADS has considered the affected interests identified by the convener and ensured balanced representation on the negotiated rulemaking committee.

Committee Members

The following individuals have been appointed to the negotiated rulemaking committee by HHSC Executive Commissioner Chris Traylor:

Representing residents' interests

  • Pete Moreno, Managing Local Ombudsman
    Capital Area on Aging

  • Patty Ducayet, Texas State Long-term Care Ombudsman
    Texas Department of Aging and Disability Services

  • Amanda Fredriksen, Director of Advocacy
    AARP

  • Gay Nell Harper, family member

Representing nursing facilities

  • Derek Prince, President and CEO
    HMG Healthcare

  • Don Sowell, Regional Director
    Nexion Health Inc.

  • George Linial, President/CEO
    Leading Age Texas

  • Kevin Warren, President/CEO
    Texas Health Care Association (THCA)

Representing DADS

  • Calvin Green, Director,
    Policy, Rules and Curriculum Development
    Regulatory Services

  • Michelle Dionne-Vahalik, MSN, RN, Director
    Quality Monitoring Program and Initiatives
    Centers for Policy and Innovation

  • Ryan Bane, Managing Attorney
    Enforcement, Legal Services

  • Sue Brown, MS, LBSW, Program Specialist
    Nursing Facility, Assisted Living Facility, Day Activity and Health Services Survey and Certification Enforcement
    Regulatory Services

Meetings

None scheduled at this time.

Contact

For questions about this project please email Kim Lammons at kim.lammons@dads.state.tx.us or call 512-438-2470.