Texas Register Table of Contents
- 1 Texas Health and Human Services
- 1.0.1 Adopted Rules Re:
- 1.0.1.1 Adopting 1 TAC §351.847, §351.849, to repeal the rules as currently written.
- 1.0.1.2 Adopting 1 TAC §351.847, §351.849, to update the rule language and organization to meet HHSC’s advisory committee rule standards, update references, add subsections regarding training and travel reimbursement, decrease the committee membership, and update the date of abolishment in subsection j to March 1, 2032.
- 1.0.1.3 Adopting 1 TAC §354.1006, to prohibit Medicaid provider discrimination of Medicaid recipients based solely on the recipient’s vaccination status.
- 1.0.1.4 Adopting 1 TAC §381.1, §381.2, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.5 Adopting 1 TAC §§381.101 – 381.103, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.6 Adopting 1 TAC §§381.201 – 381.210, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.7 Adopting 1 TAC §§381.301, 381.303, 381.305, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.8 Adopting 1 TAC §§381.315, 381.317, 381.319, 381.321, 381.323, 381.325, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.9 Adopting 1 TAC §§381.331, 381.333, 381.335, 381.337, 381.339, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.10 Adopting 1 TAC §§381.345, 381.347, 381.349, 381.351, 381.353, 381.355, 381.357, 381.359, 381.361, 381.363, 381.365, 381.367, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.
- 1.0.1.11 Adopting 26 TAC §370.456, to prohibit CHIP provider discrimination based on the CHIP members’ vaccination status.
- 1.0.2 In Addition Re:
- 1.0.1 Adopted Rules Re:
- 2 Department of Aging and Disability Services
- 3 Texas Department of State Health Services
Texas Health and Human Services
Adopted Rules Re:
Adopting 1 TAC §351.847, §351.849, to repeal the rules as currently written.
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.847, §351.849
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of §351.847, concerning Aging Texas Well Advisory Committee, and §351.849, concerning the Texas Respite Advisory Committee. HHSC also adopts new §351.847, concerning Aging Texas Well Advisory Committee, and §351.849, concerning the Texas Respite Advisory Committee.
The repeals and new §351.847 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8631). The rules will not be republished.
New §351.849 is adopted with changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8631). The rule will be republished.
BACKGROUND AND JUSTIFICATION
The Aging Texas Well Advisory Committee (ATWAC) is established under Executive Order Rick Perry (R.P.) 42 and by the executive commissioner in accordance with Texas Government Code §523.0201 and is subject to Texas Administrative Code §351.801. The committee advises the executive commissioner and HHSC on aging topics and issues and makes recommendations to HHSC and state leadership consistent with Executive Order R.P. 42.
The ATWAC is set to abolish on March 1, 2026. Abolition of the ATWAC would result in the loss of a primary source of public input for key aging programs and initiatives. New §351.847 updates the agency name from the Department of Aging and Disability Services (DADS) to HHSC, per Senate Bill (S.B.) 200, 84th Texas Legislature, Regular Session, 2015, extends the abolishment to March 1, 2032, and revises the rule in several places to ensure the rule conforms with HHSC’s advisory committee rules standards.
The Texas Respite Advisory Committee (TRAC) is established under Texas Government Code §523.0201; Texas Government Code Chapter 2110; Texas Human Resources Code §161.079; The Lifespan Respite Care Act, 42 United States Code §300ii; and is subject to TAC §351.801. The committee advises the executive commissioner and the health and human services system on developing strategies to reduce barriers to accessing respite services; improving the quality of respite services; and providing training, education, and support to family caregivers.
The TRAC is set to abolish on March 1, 2026. Abolition of the TRAC would result in the loss of a primary source of public input for developing strategies to reduce barriers to accessing respite services and improve the quality of respite services in Texas.
New §351.849 updates the agency name from DADS to HHSC, per S.B. 200, extends the abolishment to March 1, 2028, and revises the rule in several places to ensure the rule conforms with HHSC’s advisory committee rules standards.
Certain citations to the Texas Government Code as modified by House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023 are updated in both of the new sections. HB 4611 made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. The updated citations will become effective on April 1, 2025.
Adopting 1 TAC §351.847, §351.849, to update the rule language and organization to meet HHSC’s advisory committee rule standards, update references, add subsections regarding training and travel reimbursement, decrease the committee membership, and update the date of abolishment in subsection j to March 1, 2032.
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.847, §351.849
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of §351.847, concerning Aging Texas Well Advisory Committee, and §351.849, concerning the Texas Respite Advisory Committee. HHSC also adopts new §351.847, concerning Aging Texas Well Advisory Committee, and §351.849, concerning the Texas Respite Advisory Committee.
The repeals and new §351.847 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8631). The rules will not be republished.
New §351.849 is adopted with changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8631). The rule will be republished.
BACKGROUND AND JUSTIFICATION
The Aging Texas Well Advisory Committee (ATWAC) is established under Executive Order Rick Perry (R.P.) 42 and by the executive commissioner in accordance with Texas Government Code §523.0201 and is subject to Texas Administrative Code §351.801. The committee advises the executive commissioner and HHSC on aging topics and issues and makes recommendations to HHSC and state leadership consistent with Executive Order R.P. 42.
The ATWAC is set to abolish on March 1, 2026. Abolition of the ATWAC would result in the loss of a primary source of public input for key aging programs and initiatives. New §351.847 updates the agency name from the Department of Aging and Disability Services (DADS) to HHSC, per Senate Bill (S.B.) 200, 84th Texas Legislature, Regular Session, 2015, extends the abolishment to March 1, 2032, and revises the rule in several places to ensure the rule conforms with HHSC’s advisory committee rules standards.
The Texas Respite Advisory Committee (TRAC) is established under Texas Government Code §523.0201; Texas Government Code Chapter 2110; Texas Human Resources Code §161.079; The Lifespan Respite Care Act, 42 United States Code §300ii; and is subject to TAC §351.801. The committee advises the executive commissioner and the health and human services system on developing strategies to reduce barriers to accessing respite services; improving the quality of respite services; and providing training, education, and support to family caregivers.
The TRAC is set to abolish on March 1, 2026. Abolition of the TRAC would result in the loss of a primary source of public input for developing strategies to reduce barriers to accessing respite services and improve the quality of respite services in Texas.
New §351.849 updates the agency name from DADS to HHSC, per S.B. 200, extends the abolishment to March 1, 2028, and revises the rule in several places to ensure the rule conforms with HHSC’s advisory committee rules standards.
Certain citations to the Texas Government Code as modified by House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023 are updated in both of the new sections. HB 4611 made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. The updated citations will become effective on April 1, 2025.
Adopting 1 TAC §354.1006, to prohibit Medicaid provider discrimination of Medicaid recipients based solely on the recipient’s vaccination status.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
DIVISION 1. MEDICAID PROCEDURES FOR PROVIDERS
1 TAC §354.1006
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts new §354.1006, concerning Prohibition of Provider Discrimination Based on Immunization Status.
Section 354.1006 is adopted with changes to the proposed text as published in the December 20, 2024, issue of the Texas Register (49 TexReg 10171). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The new section is necessary to implement Texas Government Code §531.02119, added by House Bill 44, 88th Legislature, Regular Session, 2023, which requires HHSC to adopt rules necessary to prohibit Medicaid and Children’s Health Insurance Program (CHIP) providers from discriminating against Medicaid recipients or CHIP members by refusing to provide health care services based solely on immunization status.
Texas Government Code §531.02119 outlines the requirements for the prohibition of discrimination based on immunization status, exceptions to this prohibition, requires HHSC or its designee to withhold payment from providers that violate the requirements until HHSC finds the provider is in compliance, and requires HHSC to establish administrative and judicial reviews for providers who are alleged to be in violation.
CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER A. PURPOSE AND DEFINITIONS
1 TAC §381.1, §381.2
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER B. GUARDIANSHIP ADVISORY BOARD
1 TAC §§381.101 – 381.103
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER C. GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS
1 TAC §§381.201 – 381.210
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 1. GENERAL
1 TAC §§381.301, 381.303, 381.305
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 2. ADMINISTRATION AND FISCAL MANAGEMENT
1 TAC §§381.315, 381.317, 381.319, 381.321, 381.323, 381.325
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 3. PERSONNEL MANAGEMENT
1 TAC §§381.331, 381.333, 381.335, 381.337, 381.339
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 4. GUARDIANSHIP PROGRAMS AND CLIENT SERVICES
1 TAC §§381.345, 381.347, 381.349, 381.351, 381.353, 381.355, 381.357, 381.359, 381.361, 381.363, 381.365, 381.367
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §381.101, concerning Duties; §381.102, concerning Membership and Eligibility; and §381.103, concerning Officers and Meetings; Subchapter C, §381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; §381.203, Application and Selection Process; §381.204, concerning Grant Period; §381.205, concerning Continuation Funding Policy; §381.206, concerning Grant Amounts; §381.207, concerning Notification of Award; §381.208, concerning Request for Reconsideration; §381.209, concerning Contract; §381.210, concerning Progress Reports; Subchapter D, §381.301, concerning Purpose; §381.303, concerning Applicability of Standards to Guardianship Programs; §381.305, concerning Ineligibility of Non-compliant Programs; §381.315, concerning Form of Entity; §381.317, concerning Fiscal Responsibility; §381.319, concerning Budget; §381.321, concerning Insurance; §381.323, concerning Fees for Services; §381.325, concerning Guardianship Bonds; §381.331, concerning Guardianship Accountability; §381.333, concerning Service Provider Employee Screening; §381.335, concerning Confidentiality; §381.337, concerning Supervision of Employees and Volunteers; §381.339, concerning Community Involvement; §381.345, concerning Less Restrictive Alternatives to Guardianship; §381.347, concerning Guardianship Program Service Levels, §381.349, concerning Role of Volunteers; §381.351, concerning Staffing Requirements; §381.353, concerning Training Requirements; §381.355, concerning Conflicts of Interest; §381.357, concerning Referral, Intake, and Assessments; §381.359, concerning Prioritization of Potential Clients on Waiting Lists; §381.361, concerning Responsibility for Burial or Cremation; §381.363, concerning Evaluation and Monitoring of Caseloads; §381.365, concerning Personal Care Plans for Guardianship Clients; and §381.367, concerning Financial Care Plans for Guardianship Clients.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8640). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.
Adopting 26 TAC §370.456, to prohibit CHIP provider discrimination based on the CHIP members’ vaccination status.
CHAPTER 370. HUMAN TRAFFICKING RESOURCE CENTER
26 TAC §370.456
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts new §370.456, concerning Prohibition of Provider Discrimination Based on Immunization Status.
Section 370.456 is adopted with changes to the proposed text as published in the December 20, 2024, issue of the Texas Register (49 TexReg 10284). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The new section is necessary to implement Texas Government Code §531.02119, added by House Bill 44, 88th Legislature, Regular Session, 2023, which requires HHSC to adopt rules necessary to prohibit Medicaid and Children’s Health Insurance Program (CHIP) providers from discriminating against Medicaid recipients or CHIP members by refusing to provide health care services based solely on immunization status.
Texas Government Code §531.02119 outlines the requirements for the prohibition of discrimination based on immunization status, exceptions to this prohibition, requires HHSC to withhold payment from providers that violate the requirements until HHSC finds the provider is in compliance, and requires HHSC to establish administrative and judicial reviews for providers who are alleged to be in violation.
In Addition Re:
Notice of Public Hearing on Proposed Updates to Medicaid and Title V Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 27, 2025, at 9:00 a.m., to receive public comments on proposed updates to Calendar Fee Review, Medical Policy Reviews, and Quarterly HCPCS Updates.
Department of Aging and Disability Services
Adopted Rules Re:
Adopting 40 TAC §§89.1 – 89.3, 89.5, to remove unnecessary rules from the Texas Administrative Code.
CHAPTER 89. ADVISORY COMMITTEES
40 TAC §§89.1 – 89.3, 89.5
OVERVIEW
The Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, and all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with now repealed Texas Government Code §531.0201 and §531.02011. Pursuant to §531.0011, references to DADS regarding functions transferred under now repealed §531.0201 and §531.02011 are now references to HHSC. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1.
Therefore, the executive commissioner of HHSC adopts the repeal of Chapter 89, §89.1, concerning Definitions, §89.2, concerning Authorization and General Provisions, §89.3, concerning Aging and Disability Resource Center Advisory Committee, and §89.5, concerning Foster Grandparent Program Advisory Councils.
The repeals are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8698). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals remove unnecessary rules from the Texas Administrative Code. Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, transferred the Aging and Disability Resource Center and Foster Grandparent Program advisory committees to HHSC.
The rules related to the Aging and Disability Resource Center Advisory Committee and the Foster Grandparent Program Advisory Councils are being repealed because there is either no statutory requirement for the committees or the purpose of the committees are being met in other ways.
Texas Department of State Health Services
Adopted Rule Reviews Re:
Adopting Title 25, Part 1, concerning immunization registry.
Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 100, Immunization Registry