Texas Register September 2, 2022 Volume: 47 Number: 35

Texas Register Table of Contents

1 The Governor
- - 1.0.1 Proclamation 41-3924
    - 1.0.1.1 The Governor issued Proclamation 41-3924 to renew the disaster declaration for all Texas counties for the ongoing COVID-19 pandemic.
2 Texas Health and Human Services Commission
- - 2.0.1 Proposed Rules Re:
3 Department of Aging and Disability Services
- - 3.0.1 Proposed Rules Re:
4 Department of State Health Services
- - 4.0.1 Adopted Rules Re:
    - 4.0.1.1 Repealing 25 TAC §61.91, concerning Diabetes Mellitus Glycosylated Hemoglobin Registry.

The Governor

Proclamation 41-3924

The Governor issued Proclamation 41-3924 to renew the disaster declaration for all Texas counties for the ongoing COVID-19 pandemic.

OVERVIEW

In accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the disaster proclamation for all counties in Texas.

BACKGROUND AND JUSTIFICATION

Pursuant to Section 418.017, I authorize the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster. Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, I hereby suspend such statutes and rules for the duration of this declared disaster for that limited purpose.

In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.

Texas Health and Human Services Commission

Proposed Rules Re:

New 26 TAC §§259.5, 259.7, 259.9, providing new definitions, a description of the CLASS Program and CFC Option, and a description of services not provided through the CLASS Program.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER A. DEFINITIONS, DESCRIPTION OF SERVICES, AND EXCLUDED SERVICES
26 TAC §§259.5, 259.7, 259.9

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in the Texas Administrative Code (TAC), Title 26, Part 1, new Chapter 259, Community Living Assistance and Support Services (CLASS) Program and Community First Choice (CFC) Services, consisting of Subchapters A – J, comprised of §§259.5, 259.7, 259.9, 259.51, 259.53, 259.55, 259.57, 259.59, 259.61, 259.63, 259.65, 259.67, 259.69, 259.71, 259.73, 259.75, 259.77, 259.79, 259.81, 259.83, 259.85, 259.87, 259.89, 259.101, 259.103, 259.151, 259.153, 259.155, 259.157, 259.159, 259.161, 259.163, 259.165, 259.167, 259.169, 259.171, 259.201, 259.203, 259.205, 259.207, 259.209, 259.211, 259.213, 259.215, 259.217, 259.251, 259.253, 259.255, 259.257, 259.259, 259.261, 259.263, 259.265, 259.267, 259.271, 259.273, 259.275, 259.277, 259.279, 259.281, 259.283, 259.285, 259.287, 259.289, 259.301, 259.303, 259.305, 259.307, 259.309, 259.311, 259.313, 259.315, 259.317, 259.319, 259.321, 259.351, 259.353, 259.355, 259.357, 259.359, 259.360, 259.361, 259.363, 259.365, 259.367, 259.369, 259.371, 259.373, 259.401, and 259.451.

BACKGROUND AND JUSTIFICATION

The Community Living Assistance and Support Services (CLASS) Program is a Medicaid waiver program approved by the Centers for Medicare & Medicaid Services (CMS) under §1915(c) of the Social Security Act. This waiver program provides community-based services and supports to eligible individuals as an alternative to services provided in an institutional setting. In the CLASS Program there are two types of program providers. One is the case management agency (CMA) and the other is the direct services agency (DSA).

One purpose of the proposed new rules is to move the CLASS Program rules from 40 TAC, Chapter 45 to 26 TAC, Chapter 259. The repeal of 40 TAC, Chapter 45, are proposed elsewhere in this issue of the Texas Register.

Another purpose of the proposed new rules is to ensure that the CLASS Program complies with the requirements in Title 42, Code of Federal Regulations (42 CFR), Chapter IV, Subchapter C, Part 441, Subpart G, §441.301(c)(1) – (5). In 2014, CMS amended this regulation to establish new requirements for Home and Community-Based Services (HCBS) Medicaid programs, including requirements for HCBS program settings and person-centered planning. CMS has given states until March 2023 to be in full compliance with the requirements in §441.301(c)(1) – (5). The proposed new rules will also ensure compliance with the requirements in 42 CFR, Chapter IV, Subchapter C, Part 441, Subpart K, §441.530, regarding Home and Community-Based Settings, and §441.540 regarding the Person-centered service plan, for Community First Choice (CFC) services because CFC services are available in the CLASS Program.

Additional purposes of the proposed new rules are described below.

The proposed new rules implement Texas Government Code §531.02161(b)(4) which requires HHSC to ensure that, if cost effective, clinically effective, and allowed by federal law, a Medicaid recipient has the option to receive certain services, including occupational therapy (OT), physical therapy (PT), and speech and language pathology as a telehealth service.

The proposed new rules require program providers to submit a translation of non-English documentation submitted to HHSC. The purpose of the proposed rule is to help ensure that HHSC’s reviews of documentation are efficient.

The proposed new rules provide that HHSC may allow program providers to use one or more of the exceptions specified in the rule while an executive order or proclamation declaring a state of disaster under Texas Government Code §418.014 is in effect. This provision is added to help ensure that providers are able to operate and provide services effectively during a disaster.

New 26 TAC §259.51, §259.53, regarding eligibility criteria for CLASS Program Services and CFC Services and a description of how HHSC maintains a list for individuals interested in receiving services in the CLASS Program.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §259.51, §259.53

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.55, 259.57, 259.59, 259.61, 259.63, 259.65, 259.67, 259.69, 259.71, 259.73, describing the enrollment process for CLASS Services Programs, the person-centered planning process, requirements for CLASS Service Programs and CFC services, enrollment in individual plan of care (IPC), the development of IPCs, development and enrollment of individual program plans (IPP), and consumer directed services (CDS) options.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §§259.55, 259.57, 259.59, 259.61, 259.63, 259.65, 259.67, 259.69, 259.71, 259.73

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.75, 259.77, 259.79, 259.81, 259.83, 259.85, 259.87, concerning an annual review by HHSC for LOC VIII compliance, renewal of IPC, tracking annual renewal of ID/RC Assessment, and tracking of an IPC renewal by a CMA.

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.89, regarding service backup plan requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §259.89

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.101, §259.103, regarding an Individual’s right to a fair hearing and mandatory requirements of an Individual.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER C. RIGHTS AND RESPONSIBILITIES OF AN INDIVIDUAL
26 TAC §259.101, §259.103

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.151, 259.153, 259.155, 259.157, 259.159, 259.161, 259.163, 259.165, 259.167, 259.169, 259.171, regarding denial, suspension, reduction, and termination for the CLASS Program, CFC Services, and the requirement to submit a fair hearing request summary.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER D. TRANSFER, DENIAL, SUSPENSION, REDUCTION, AND TERMINATION OF SERVICES
26 TAC §§259.151, 259.153, 259.155, 259.157, 259.159, 259.161, 259.163, 259.165, 259.167, 259.169, 259.171

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.201, §259.203, regarding requirements and eligibility criteria for support family agencies.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER E. SUPPORT FAMILY SERVICES DIVISION
26 TAC §259.201, §259.203

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.205, 259.207, 259.209, 259.211, 259.213, concerning support family agency functions, pre-placement activities, placement, ongoing support, and monthly monitoring.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER E. SUPPORT FAMILY SERVICES DIVISION
26 TAC §§259.205, 259.207, 259.209, 259.211, 259.213

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.215, §259.217, regarding support family duties and requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER E. SUPPORT FAMILY SERVICES DIVISION
26 TAC §259.215, §259.217

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.251, 259.253, 259.255, 259.257, 259.259, 259.261, 259.263, 259.265, 259.267, concerning adaptive aids.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS
26 TAC §§259.251, 259.253, 259.255, 259.257, 259.259, 259.261, 259.263, 259.265, 259.267

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.271, 259.273, 259.275, 259.277, 259.279, 259.281, 259.283, 259.285, 259.287, regarding minor home modifications.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS
26 TAC §§259.271, 259.273, 259.275, 259.277, 259.279, 259.281, 259.283, 259.285, 259.287

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.289, describing DSA requirements for CFC emergency response services.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS
26 TAC §259.289

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.301, 259.303, 259.305, 259.307, 259.309, 259.311, 259.313, 259.315, 259.317, 259.319, 259.321, regarding CMA requirements, duties, and training.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER G. ADDITIONAL CMA REQUIREMENTS
26 TAC §§259.301, 259.303, 259.305, 259.307, 259.309, 259.311, 259.313, 259.315, 259.317, 259.319, 259.321

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §§259.351, 259.353, 259.355, 259.357, 259.359, 259.360, 259.361, 259.363, 259.365, 259.367, 259.369, 259.371, 259.373, regarding DSA requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER H. ADDITIONAL DSA REQUIREMENTS
26 TAC §§259.351, 259.353, 259.355, 259.357, 259.359, 259.360, 259.361, 259.363, 259.365, 259.367, 259.369, 259.371, 259.373

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.401, regarding financial errors and the circumstances by which HHSC will apply an error and reimburse the program provider.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER I. FISCAL MONITORING
26 TAC §259.401

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

New 26 TAC §259.451, describing exceptions to certain requirements during the declaration of a disaster.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER J. DECLARATION OF DISASTER
26 TAC §259.451

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additional purposes of the proposed new rules are described below.

Department of Aging and Disability Services

Proposed Rules Re:

Repealing 40 TAC §§45.101 – 45.105, which described the purpose, definitions, application, and description of the CLASS Program.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
40 TAC §§45.101 – 45.105

OVERVIEW

As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. 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 proposes the repeal of §§45.101 – 45.105, 45.201, 45.202, 45.211 – 45.218, 45.221 – 45.227, 45.231, 45.301, 45.302, 45.401 – 45.410, 45.503, 45.505, 45.521 – 45.525, 45.531, 45.533, 45.601 – 45.609, 45.611 – 45.619, 45.621, 45. 701 – 45.709, 45.801 – 45.811, and 45.902 in Texas Administrative Code Title 40 (40 TAC), Part 1, Chapter 45, concerning the Community Living Assistance and Support Services and Community First Choice (CFC) Services.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to repeal all of the rules in 40 TAC Chapter 45. These rules govern the provision of Community Living Assistance and Support Services (CLASS) Program services. The CLASS Program is a Medicaid waiver program authorized under §1915(c) of the Social Security Act. HHSC is proposing new rules governing the CLASS Program in 26 TAC Chapter 259 elsewhere in this issue of the Texas Register.

Repealing 40 TAC §45.210, §45.202, concerning eligibility for the CLASS Program.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
40 TAC §45.201, §45.202

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.211 – 45.218, regarding enrollment for CLASS Program, IPP, and IPC.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
40 TAC §§45.211 – 45.218

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.221 – 45.227, regarding renewal of IPC.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
40 TAC §§45.221 – 45.227

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §45.231, regarding service backup plans.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
40 TAC §45.231

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §45.301, §45.302, concerning rights to a free hearing.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER C. RIGHTS AND RESPONSIBILITIES OF AN INDIVIDUAL
40 TAC §45.301, §45.302

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.401 – 45.410, regarding denial, reduction, suspension, and termination of a CLASS Program.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER D. TRANSFER, DENIAL, SUSPENSION, REDUCTION, AND TERMINATION OF SERVICES
40 TAC §§45.401 – 45.410

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §45.503, §45.505, regarding contracting requirements and eligibility for support family services.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER E. SUPPORT FAMILY SERVICES
40 TAC §45.503, §45.505

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.521 – 45.525, concerning pre-placement, placement, ongoing support, and monthly monitoring of support family services.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER E. SUPPORT FAMILY SERVICES
40 TAC §§45.521 – 45.525

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §45.531, §45.533, detailing support family requirements and duties.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER E. SUPPORT FAMILY SERVICES
40 TAC §45.531, §45.533

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.601 – 45.609, regarding adaptive aids.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. ADAPTIVE AIDS AND MINOR HOME MODIFICATIONS
40 TAC §§45.601 – 45.609

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.611 – 45.619, regarding minor home modifications.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. ADAPTIVE AIDS AND MINOR HOME MODIFICATIONS
40 TAC §§45.611 – 45.619

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §45.621, concerning CFC ERS.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. ADAPTIVE AIDS AND MINOR HOME MODIFICATIONS
40 TAC §45.621

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.701 – 45.709, detailing CMA compliance, qualification, and training.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER G. ADDITIONAL CMA REQUIREMENTS
40 TAC §§45.701 – 45.709

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §§45.801 – 45.811, regarding compliance, qualification, and training of DSA staffpersons.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER H. ADDITIONAL DSA REQUIREMENTS
40 TAC §§45.801 – 45.811

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 40 TAC §45.902, regarding financial errors.

CHAPTER 45. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER I. FISCAL MONITORING
40 TAC §45.902

OVERVIEW

BACKGROUND AND JUSTIFICATION

Department of State Health Services

Adopted Rules Re:

Repealing 25 TAC §61.91, concerning Diabetes Mellitus Glycosylated Hemoglobin Registry.

CHAPTER 61. CHRONIC DISEASES
SUBCHAPTER F. DIABETES REGISTRY
25 TAC §61.91

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §61.91, concerning Diabetes Mellitus Glycosylated Hemoglobin Registry. The repeal of §61.91 is adopted without changes to the proposed text as published in the June 10, 2022, issue of the Texas Register (47 TexReg 3398). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §61.91 is necessary to implement Senate Bill (S.B.) 970, 87th Legislature, Regular Session, 2021, which repealed Texas Health and Safety Code, Chapter 95, Subchapter B, Diabetes Mellitus Registry. S.B. 970 removed the requirement for a diabetes registry.

The registry was established as a pilot program in accordance with House Bill (H.B.) 2132, 80th Legislature, Regular Session, 2007, and H.B. 1363, 81st Legislature, 2009. DSHS coordinated with the San Antonio Metropolitan Health District to establish the pilot registry.

S.B. 510, 82nd Legislature, Regular Session, 2011, amended Chapter 95 by adding Subchapter B, Diabetes Mellitus Registry, to make public health district participation in the diabetes mellitus registry voluntary and designated a public health district solely responsible for the cost of establishing and administering the registry program in their district. As a result, no data has been submitted since 2011.