Texas Register June 28, 2024 Volume: 49 Number: 26

Texas Register Table of Contents

1 Texas Department of Licensing and Regulation
- - 1.0.1 Adopted Rules Re:
2 Texas Health and Human Services Commission
3 Texas Department of State Health Services
4 Department of Aging and Disability Services
- - 4.0.1 In Addition Re:
    - 4.0.1.1 Correction of Error

Texas Department of Licensing and Regulation

Adopted Rules Re:

Adopting 16 TAC §60.24, to repeal subsection (c), which lists the agency’s advisory boards that were previously subject to abolishment and their designated abolishment dates; subsection (d), which lists the advisory boards that are exempt from Texas Government Code, Chapter 2110; and adds new subsection (c), which states that Texas Government Code, Chapter 2110 does not apply to the Commission and the Department’s advisory boards.

CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT
SUBCHAPTER B. POWERS AND RESPONSIBILITIES
16 TAC §60.24

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.24, regarding the Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1804). These rules will not be republished.

JUSTIFICATION AND BACKGROUND

The rules under 16 TAC Chapter 60 implement Texas Occupations Code, Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department), and other laws applicable to the Commission and the Department. The Chapter 60 rules are the procedural rules of the Commission and the Department. These rules apply to all of the agency’s programs and to all license applicants and licensees, except where there is a conflict with the statutes and rules of a specific program.

The adopted rules implement House Bill (HB) 3743, Section 4, 88th Legislature, Regular Session (2023), which exempts the Commission and the Department’s advisory boards from Texas Government Code, Chapter 2110, State Agency Advisory Committees. HB 3743, Section 4 added new subsection (d) under Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member. This provision states: “(d) Notwithstanding any other law, Chapter 2110, Government Code, does not apply to an advisory board established to advise the commission or department.”

Texas Government Code, Chapter 2110 specifies certain requirements for a state agency advisory committee or board (advisory board), including the composition, duration, purpose, and tasks of the advisory board; the selection of the presiding officer; and the submission of specified reports. The requirements for the Commission and the Department’s advisory boards, however, are specified and detailed in Texas Occupations Code, Chapter 51; in the applicable program statute and rules; and/or as authorized by the applicable program statute and established in rule.

As required by Texas Government Code, Chapter 2110, the Commission had previously established in the Chapter 60 rules the abolishment dates for all of the agency’s advisory boards, except for any advisory board that was specifically exempted from Chapter 2110 by the statute that created the advisory board. The Chapter 60 rules contain two separate lists of advisory boards – those with an abolishment date and those that are statutorily exempt and do not have an abolishment date.

Since the Commission and the Department’s advisory boards are no longer subject to Texas Government Code, Chapter 2110, the adopted rules remove the advisory board abolishment dates and the two separate lists of advisory boards from the Chapter 60 rules. The adopted rules are necessary to allow all of the agency’s advisory boards to continue in existence unless and until there is a statutory change made to eliminate an advisory board’s existence. The adopted rules will align the Chapter 60 rules with the statutory changes made by HB 3743, Section 4.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §60.24, Advisory Boards. The adopted rules repeal subsection (c), which lists the agency’s advisory boards that were previously subject to abolishment and their designated abolishment dates. The adopted rules repeal subsection (d), which lists those advisory boards that are specifically exempt from Texas Government Code, Chapter 2110, as prescribed in the program statutes, and that do not have designated abolishment dates. The adopted rules also add new subsection (c), which states that Texas Government Code, Chapter 2110 does not apply to the Commission and the Department’s advisory boards.

Adopting 16 TAC §120.65, to repeal subsection (b), which subjects the advisory committee to Government Code, Chapter 2110, and re-letter the subsequent subsections and make a punctuation change in subsection (a).

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS
16 TAC §120.65

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.65, regarding the Dyslexia Therapy program, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1810). The rules will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department).

The adopted rules remove language from Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners, that states that Texas Government Code, Chapter 2110 applies to the advisory committee established for that program. The adopted rules are necessary to remove conflicting language and to align the Dyslexia Therapy program rules with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §120.65, Dyslexia Therapists and Practitioners Advisory Committee; Membership. The adopted rules repeal subsection (b), which states that the advisory committee is subject to Government Code, Chapter 2110. The adopted rules re-letter the subsequent subsections and make a punctuation change in subsection (a).

Adopting 16 TAC §121.65, to repeal subsection (b), which states that the Behavior Analyst Advisory Board is subject to Government Code, Chapter 2110, and re-letter the subsequent subsections.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER C. BEHAVIOR ANALYST ADVISORY BOARD
16 TAC §121.65

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, Subchapter C, §121.65, regarding the Behavior Analysts program, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1812). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121, implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department).

The adopted rules remove language from Chapter 121, Behavior Analysts, that states that Texas Government Code, Chapter 2110 applies to the advisory board established for that program. The adopted rules are necessary to remove conflicting language and to align the Behavior Analysts program rules with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §121.65, Membership. The adopted rules repeal subsection (b), which states that the Behavior Analyst Advisory Board is subject to Government Code, Chapter 2110.

The adopted rules re-letter the subsequent subsections.

Texas Health and Human Services Commission

Proposed Rule Reviews:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal of the chapter concerning Medicaid and Children’s Health Insurance Program Provider Enrollment.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Aging and Disability Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:

Chapter 352, Medicaid and Children’s Health Insurance Program Provider Enrollment

Adopted Rule Reviews:

Adopting Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning the Purchase of Goods and Services by the Texas Health and Human Services Commission.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Aging and Disability Services (DADS), adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code:

Chapter 391, Purchase of Goods and Services by the Texas Health and Human Services Commission

Adopting Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning the Peer Assistance Programs for Impaired Professionals

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Aging and Disability Services (DADS), adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:

Chapter 8, Peer Assistance Programs for Impaired Professionals

In Addition Re:

Correction of Error

OVERVIEW

The Texas Health and Human Services Commission (HHSC) published the administrative transfer for the former Department of Aging and Disability Services rules in Texas Administrative Code, Title 40, Part 1, Chapter 47 in the June 14, 2024, issue of the Texas Register (49 TexReg 4436). The administrative transfer was published with the incorrect chapter title, “Contracting to Provide Primary Home Care.” The correct title of the chapter is “Primary Home Care, Community Attendant Services, and Family Care Programs” which will be transferred to Texas Administrative Code, Title 26, Part 1, Chapter 277, Primary Home Care, Community Attendant Services, and Family Care Programs, effective July 1, 2024.

Notice of Public Hearing on Proposed Updates to Breast and Cervical Cancer Services (BCCS) Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 15, 2024, at 9:00 a.m., to receive public comments on proposed updates to BCCS payment rates.

Public Notice — Amendments to the Texas State Plan for Medical Assistance

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit Transmittal Number 24-0006 to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act.

The purpose of this proposed amendment is to implement state statutory requirements in House Bill (H.B.) 1575, 88th Texas Legislature, Regular Session, 2023 related to expanding the types of providers who can provide Case Management for Children and Pregnant Women (CPW) services. The two new provider types are doulas and community health workers.

Additionally, the 88th Legislature modified the eligible postpartum period in H.B. 12 to require continued medical assistance to eligible pregnant women for 12 months. This amendment includes conforming changes made by TN 23-0028 implementing H.B. 12. Other non-substantive updates have been done to formatting and language.

The proposed amendment is effective September 1, 2024.

Public Notice — DBMD Amendment 1

OVERVIEW

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Deaf Blind with Multiple Disabilities (DBMD) program. HHSC administers the DBMD Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the DBMD waiver application through February 29, 2028. The proposed effective date for this amendment is January 1, 2025.

The amendment request proposes to make changes to Appendix C, G, I, and J based on House Bill (H.B.) 4169 and H.B. 4696 of the 88th Legislature, Regular Session, 2023.

Public Notice — HCS Amendment

OVERVIEW

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the Home and Community-based Services (HCS) waiver program authorized under §1915(c) of the Social Security Act. CMS has approved the HCS waiver application through August 31, 2028. The proposed effective date for the amendment is January 1, 2025.

The amendment proposes to make the following changes to Appendix C, I and J, based on House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023 which establishes a service similar to prevocational service named employment readiness in the HCS program.

Public Notice — TxHML Amendment

OVERVIEW

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Texas Home Living (TxHmL) program. HHSC administers the TxHmL program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the TxHmL waiver application through February 28, 2027. The proposed effective date for this amendment is January 1, 2025.

The amendment proposes to make the following changes to Appendix C, E, I and J, based on House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023 which establishes a service similar to prevocational service named employment readiness in the TxHmL program.

Texas Department of State Health Services

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Injury Prevention and Control.

Chapter 103, Injury Prevention and Control

Adopted Rule Reviews Re:

Adopting Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Bloodborne Pathogen Control.

Chapter 96, Bloodborne Pathogen Control

In Addition Re:

Correction of Error

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposed amendments to 25 TAC Chapter 289 in the June 14, 2024, issue of the Texas Register (49 TexReg 4200). Due to an error by the Texas Register, the proposed amendments included incorrect text.

Department of Aging and Disability Services

In Addition Re:

Correction of Error

OVERVIEW