Revision Notice 16-1; Effective September 1, 2016

This revision amends §97.2, concerning Definitions, and adds new §97.202, concerning Habilitation.

The amendment and addition are partly in response to House Bill 4001, 84th Legislature, Regular Session, 2015, which amended Texas Health and Safety Code, Chapter 142 governing home and community support services agencies (HCSSA). House Bill 4001 adds habilitation as a service that a HCSSA may provide and defines “habilitation” as services described in Texas Government Code §534.001 that are delivered by a licensed HCSSA. The proposed rules allow a licensed HCSSA to provide habilitation and require those services to be provided in accordance with Texas Administrative Code, Title 40, Chapter 97. The proposed rules do not require an entity providing habilitation to obtain a HCSSA license if the entity does not provide any other service for which a license is required—home health, hospice, or personal assistance services. The proposal also includes minor editorial changes for clarity and consistency.

§97.2 defines habilitation according to Texas Government Code §534.001. The proposed amendment uses the acronyms for alternate delivery site, end stage renal disease, legally authorized representative, and registered nurse as defined terms. The definitions of those terms were not changed, but they were reordered alphabetically. The definition of “advanced practice nurse” was updated to “advanced practice registered nurse.” The proposed amendment also makes minor editorial changes.

§97.202 allows a licensed HCSSA to provide habilitation and requires those services to be provided in accordance with Texas Administrative Code, Title 40, Chapter 97. The proposed rules do not require an entity providing habilitation to obtain a HCSSA license if the entity does not provide any other service for which a license is required—home health, hospice, or personal assistance services.