HHSC published the proposed changes mandated by House Bill (H.B.) 2025 to the ICF/IID rules which calls for changes to rules governing administrative penalties, license terms and related policies in various programs including the ICF/IID program, DAHS, ALFs, NFs and Pediatric Extended Care Facilities. HB 2025 is the act relating to the regulation of certain long-term care facilities, including facilities that provide care to persons with Alzheimer ’s disease or related disorders; authorizing an administrative penalty.
The Texas register details that specifically, §252.065 requires HHSC to develop a system to record and track the scope and severity of licensure violations by an intermediate care facility for individuals with an intellectual disability (ICF/IID) for the purpose of assessing an administrative penalty or taking other enforcement action. The system must be similar to the one used by the Centers for Medicare & Medicaid Services to categorize the scope and severity of violations for nursing facilities.
Section 252.065 in the register also describes the circumstances under which HHSC may not allow an ICF/IID license holder to correct a violation before assessing an administrative penalty. The proposed amendments describe the system for assessing administrative penalties based on the scope and severity of a violation. The proposed amendments also add the circumstances under which HHSC will not allow an ICF/IID license holder to correct a violation before HHSC assesses an administrative penalty.