Department of Aging and Disability Services

Final Results of Last Sunset Review

Although S.B. 204 failed passage, the Legislature did adopt a major Sunset Commission recommendation requiring revocation of nursing home licenses in certain cases, as well as several recommendations regarding services for people with IDD, as described below. The following material also lists management actions recommended by the Sunset Commission for implementation by DADS that do not require statutory changes. For additional information see the Department of Aging and Disability Services Staff Report with Final Results.

Transfer Functions and Abolish

• Transfers DADS’ functions to the Health and Human Services Commission by September 1, 2017, and abolishes the agency. (S.B. 200)

Long-Term Care Facility Regulation

• Requires the HHSC executive commissioner to revoke the license of a nursing home found to have three or more serious violations related to abuse or neglect in a two-year period. (S.B. 304)
• Requires DADS to identify inconsistencies across the state in the interpretation and application of statutes and regulations against long-term care facilities. (management action – nonstatutory)
• Directs DADS to refer appeals of enforcement actions to the State Office of Administrative Hearings (SOAH) within 60 days of receiving a request for a hearing, directing SOAH to set a timely hearing date. (management action – nonstatutory)
• Directs DADS to improve tracking of all provider violations to ensure the agency can appropriately apply progressive sanctions for repeated and serious violations and to identify enforcement trends. (management action – nonstatutory)

Services for People with Intellectual and Developmental Disabilities

• Expands crisis intervention teams to provide increased supports to people with IDD living in the community. (H.B. 1)
• DADS should strengthen partnerships with local authorities statewide to improve the number and speed of transitions to the community. (management action – nonstatutory)
• DADS should leverage expertise at SSLCs to support providers in the community. (management action – nonstatutory)
• Adds a rider to DADS’ bill pattern authorizing SSLCs to retain fees collected for providing services to eligible community clients to cover the cost of these services. (H.B. 1)
• Directs DADS to develop, in rule, requirements for contract provisions regarding basic safety and service requirements that its community-based IDD waiver and intermediate care facility providers should include in their contracts with day habilitation facilities. (management action – nonstatutory)

Contracting

• The Sunset bill on HHSC, Senate Bill 200, requires consolidation of DADS’ administrative functions, including its contracting functions, into HHSC and requires a transition plan by March 2016. That plan should incorporate consideration of the intent of the following management recommendations.
• Directs DADS to strengthen and consolidate contract management under a new Contract Management Division. (management action – nonstatutory)
• Directs the Contract Management Division to review and approve contract planning during the early stages of procurement. (management action – nonstatutory)
• Directs the Contract Management Division to develop policies for risk-based monitoring of contracts. (management action – nonstatutory)

Consumer Information Website

• Directs DADS to improve the quality and consistency of information available on the Quality Reporting System (QRS) for all providers. (management action – nonstatutory)
• Directs QRS staff to coordinate with the Communications Office, and other divisions as needed, to ensure QRS more effectively meets consumer needs and is more visible on the Internet. (management action – nonstatutory)
• Directs DADS to ensure compliance with person-first, respectful language requirements on the QRS website. (management action – nonstatutory)