Texas Register Table of Contents
Governor
The Governor issued Proclamation 41-3935 to renew the disaster proclamation for all counties in response to the ongoing COVID-19 pandemic.
In accordance with the authority vested by Section 418.014 of the Texas Government Code, the governor hereby renews the disaster proclamation for all counties in Texas.
Texas Health and Human Services Commission
Proposed Rules Re:
New 1 TAC §392.703, requiring the Texas Department of Family and Protective Services (DFPS) to accept and evaluate unsolicited proposals from entities to provide community-based care services.
CHAPTER 392. PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS
SUBCHAPTER H. DFPS CONTRACTED SERVICES
1 TAC §392.703
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §392.703, concerning Unsolicited Proposals for Community-Based Care Services.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to establish procedures for the Texas Department of Family and Protective Services (DFPS) to accept and evaluate unsolicited proposals from entities based in this state to provide community-based care services in certain areas.
The proposal is necessary to comply with Senate Bill (S.B.) 1896, 87th Legislature, Regular Session, 2021. S.B. 1896 amended Texas Family Code §264.157 to require DFPS to accept and evaluate unsolicited proposals from entities based in this state to provide community-based care services in geographic areas where DFPS has not implemented community-based care. The statute also requires HHSC, in conjunction with DFPS, to adopt rules to ensure the proposals comply with state procurement laws and rules.
SECTION-BY-SECTION SUMMARY
Proposed new §392.703 identifies the statutory requirement that DFPS accept and evaluate unsolicited proposals from entities to provide community-based care services, requires unsolicited proposals to comply with requirements of the bill and state procurement laws and rules, and provides submission instructions.
Adopted Rules Re:
New 26 TAC §509.69, implementing Senate Bill 2038 to require hospital-owned or hospital-operated freestanding emergency medical care facilities exempt from FEMC licensure to comply with fee and price rules.
CHAPTER 509. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §509.69
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new §509.69, concerning Fees and Prices.
New §509.69 is adopted without changes to the proposed text as published in the June 3, 2022, issue of the Texas Register (47 TexReg 3227). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The new section is necessary to implement Senate Bill (S.B.) 2038, 87th Legislature, Regular Session, 2021, which, in part, amended Texas Health and Safety Code (HSC) Chapter 254, Subchapter D. S.B. 2038 requires licensed freestanding emergency medical care (FEMC) facilities to comply with certain fee and price disclosure requirements, prohibits FEMC facilities from charging certain fees, and prohibits certain pricing practices.
S.B. 2038 requires an FEMC facility to disclose its prices for any testing and vaccination services the facility offers for an infectious disease for which a state of disaster has been declared. S.B. 2038 prohibits an FEMC facility from charging a facility or observation fee for a health care service the facility provides an individual accessing the service from a vehicle. During a declared state of disaster, S.B. 2038 prohibits an FEMC facility from charging an “unconscionable price,” as defined by HSC §254.160, for products and services provided by the facility or intentionally charging a third-party payor a higher price than an individual for the same product or service.
The new section also implements HHSC’s authority under S.B. 2038 to impose an administrative penalty if an FEMC facility violates the prohibition in S.B. 2038 of certain pricing practices during a declared state of disaster.
Texas Medical Disclosure Panel
Proposed Rules Re:
Amending 25 TAC §601.5 and §601.9, to replace the English and Spanish disclosure and consent forms for radiation therapy and anesthesia and/or perioperative pain management.
CHAPTER 601. INFORMED CONSENT
25 TAC §601.5, §601.9
OVERVIEW
The Texas Medical Disclosure Panel (Panel) proposes amendments to §601.5, concerning Disclosure and Consent Form for Radiation Therapy, and §601.9, concerning Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management (Analgesia).
BACKGROUND AND JUSTIFICATION
These amendments are proposed in accordance with Texas Civil Practice and Remedies Code §74.102, which requires the Panel to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure. Section 601.5 contains disclosure and consent forms for radiation therapy in English and Spanish and §601.9 contains disclosure and consent forms for anesthesia and/or perioperative pain management (analgesia) in English and Spanish.
SECTION-BY-SECTION SUMMARY
- Proposed amendments to §601.5 replace the English and Spanish forms in Figure 25 TAC §601.5(1) and Figure 25 TAC §601.5(2) respectively.
- Proposed amendments to §601.9 replace English and Spanish forms in Figure 25 TAC §601.9(1) and Figure 25 TAC §601.9(2) respectively.
Adopted Rules Re:
Repealing 22 TAC §§195.1 – 195.4, concerning pain management clinics.
CHAPTER 195. PAIN MANAGEMENT CLINICS
22 TAC §§195.1 – 195.4
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of §§195.1 – 195.4, without changes, they will not be republished, and adopts new §§195.1 – 195.5, concerning Pain Management Clinics. New sections §§195.1 concerning Definitions, 195.2 concerning Gold Designated Practice, 195.3 concerning Certification of Pain Management Clinics, 195.4 concerning Minimum Operational Standards for the Treatment of Pain Patients, and 195.5 concerning Audits, Inspections, and Investigations are being adopted with non-substantive changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 Tex Reg 5396). The adopted new rules §§195.1 – 195.5 will be republished.
New 22 TAC §§195.1 – 195.5, concerning certification and operational standards for pain management clinics.
CHAPTER 195. PAIN MANAGEMENT CLINICS
22 TAC §§195.1 – 195.5
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of §§195.1 – 195.4, without changes, they will not be republished, and adopts new §§195.1 – 195.5, concerning Pain Management Clinics. New sections §§195.1 concerning Definitions, 195.2 concerning Gold Designated Practice, 195.3 concerning Certification of Pain Management Clinics, 195.4 concerning Minimum Operational Standards for the Treatment of Pain Patients, and 195.5 concerning Audits, Inspections, and Investigations are being adopted with non-substantive changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5396). The adopted new rules §§195.1 – 195.5 will be republished.
Texas Department of State Health Services
Adopted Rules Re:
New 25 TAC §133.52, implementing Senate Bill 2038 to require hospital-owned or hospital-operated freestanding emergency medical care facilities exempt from FEMC licensure to comply with fee and price rules.
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.52
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new §133.52, concerning Hospital-Owned or Hospital-Operated Freestanding Emergency Medical Care Facilities.
New §133.52 is adopted without changes to the proposed text as published in the June 3, 2022, issue of the Texas Register (47 TexReg 3225). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
This new section is necessary to implement Senate Bill (S.B.) 2038, 87th Legislature, Regular Session, 2021, which, in part, added Texas Health and Safety Code (HSC) Chapter 241, Subchapter I-1. S.B. 2038 requires certain hospital-owned or hospital-operated freestanding emergency medical care (FEMC) facilities exempt from FEMC facility licensure to comply with certain fee and price disclosure requirements, prohibits FEMC facilities from charging certain fees, and prohibits certain pricing practices.
S.B. 2038 requires an applicable hospital-owned or hospital-operated FEMC facility to disclose its prices for any testing and vaccination services the facility offers for an infectious disease for which a state of disaster has been declared. S.B. 2038 prohibits the FEMC facility from charging a facility or observation fee for a health care service the facility provides an individual accessing the service from a vehicle. During a declared state of disaster, S.B. 2038 prohibits a hospital-owned or hospital-operated FEMC facility from charging an “unconscionable price,” as defined by HSC §241.224, for products and services provided by the facility or intentionally charging a third-party payor a higher price than an individual for the same product or service.
The new section also implements HHSC’s authority under S.B. 2038 to impose an administrative penalty if a hospital-owned or hospital-operated FEMC facility violates the prohibition in S.B. 2038 of certain pricing practices during a declared state of disaster.