PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745. LICENSING
SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY
DIVISION 3. CONFIDENTIAL RECORDS
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §745.8483, concerning What portions of a child care record are confidential, and new §745.8497, concerning What confidentiality requirements apply to a person who is an applicant for a permit, a permit holder, or a former permit holder.
The amendment to §745.8483 and new §745.8497 are adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2954). The rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment and new section are necessary to implement Senate Bill (S.B.) 510 and a portion of House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023.
S.B. 510 added §552.11765 to Texas Government Code to require a state licensing authority to make confidential certain information regarding an applicant for a permit, permit holder, or former permit holder. Accordingly, HHSC Child Care Regulation (CCR) is adopting (1) a new rule that describes the confidentiality requirements that apply to an applicant for a permit, a permit holder, or a former permit holder; and (2) an amended rule that describes the confidential portions of a child care record to include a cross-reference to the new rule.
H.B. 4696 amended Texas Health and Safety Code §253.001(4) and Texas Human Resources Code §48.251(a)(3) and §48.252(b) and (c) to specify that HHSC Long-Term Care Regulation Provider Investigations (HHSC PI) is responsible for investigating an allegation of abuse, neglect, and exploitation of an elderly person or adult with a disability who resides in a residential child-care facility. Accordingly, CCR is adopting an amended rule to add to the list of confidential information in a child care record any information that would interfere with an HHSC PI investigation if the information were released. Only a portion of H.B. 4696 is being implemented as part of this rule project; a separate project will complete the rule development to implement the bill.
COMMENTS
The 31-day comment period ended June 3, 2024. During this period, HHSC received two comments from two commenters: an applicant to operate a listed family home and a representative of a licensed child-care center. A summary of comments relating to the rules and HHSC's responses follows.
Comment: One commenter appeared to ask how the rules will affect her recent background check and application to operate a listed family home.
Response: To the extent that the comment implies that the rule language is not clear, HHSC disagrees with that implication and declines to revise the rules. With respect to background information related to background checks, §745.8483(3), already addresses the confidentiality of such information. With respect to information in an application for a permit, §745.8487 straightforwardly identifies information that is confidential, as well as exceptions that apply to home operations, such as listed family homes, and email addresses. Moreover, §745.8487 implements statutory language that is already effective. HHSC has previously communicated the statutory requirements to stakeholders and will send additional information to providers regarding the rule changes once adopted.
Comment: One commenter expressed support for the rule proposals.
Response: HHSC appreciates the support for the rules.
STATUTORY AUTHORITY
The amendment and new section are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Texas Government Code Chapter 531.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 16, 2024.
TRD-202403120
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 9, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 438-3269