6 Apr 2024

Texas Register April 5, 2024 Volume: 49 Number: 14

by | posted in: Department of Aging and Disability Services, Governor, Texas Department of State Health Services, Texas Health and Human Services Commission, Texas Medical Board |

Texas Register Table of Contents

Governor

Appointments Re:

Appointed to the Texas Medical Board District Three Review Committee for a term to expire January 15, 2030:
  • Ogechika K. “Oge” Alozie, M.D., of El Paso, Texas;
  • Taylor A. Gillig of Bedford, Texas; and
  • Gabrielle H. Rich, D.O. of Big Spring, Texas.
Appointed to the Nursing Facility Administrators Advisory Committee for a term to expire February 1, 2025, Carla Elizabeth Smith of Midland, Texas.
Appointed to the Nursing Facility Administrators Advisory Committee for a term to expire February 1, 2029:
  • Amanda C. Burnett of Bastrop, Texas;
  • Audrey J. Ramsbacher of San Antonio, Texas; and
  • Donna Beth Stauber, Ph.D. of China Spring, Texas.

Texas Medical Board

Proposed Rules Re:

Amending 22 TAC §§165.7 – 165.9, to clarify the regulatory analysis used by the Texas Medical Board (Board) when the Board receives a complaint and must determine the appropriate disciplinary action against a physician who violates other laws that regulate or prohibit abortion.

CHAPTER 165. MEDICAL RECORDS
22 TAC §§165.7 – 165.9

OVERVIEW

The Texas Medical Board (Board), TAC 22, proposes new §165.7, concerning Exceptions to Abortion Ban, §165.8, concerning Abortion Ban Exception Performance and Documentation, and §165.9, concerning Complaints Regarding Abortions Performed.

BACKGROUND AND JUSTIFICATION

The new sections do not regulate or prohibit abortion but are promulgated to clarify the regulatory analysis to be utilized by the Board in the event that the agency receives a complaint and must determine what is, if any, an appropriate disciplinary action against a physician who violates other laws that regulate or prohibit abortion.

The rules reaffirm that when investigating a complaint regarding allegations of performing an abortion, the Board will investigate the complaint utilizing the standard processes that apply to every other complaint and investigation. This clarifying language is a direct result of recent litigation and requests from private individuals and groups.

SECTION-BY-SECTION SUMMARY

  • New §165.7, titled Definitions, describes the specific definitions for certain terms used in this section.
  • New §165.8, titled Abortion Ban Exception Performance and Documentation, explains that physicians need to comply with all applicable laws, rules and court opinions related to abortion and its exceptions in Texas. The rules also provide the minimum required information that must be included in the medical record.
  • New §165.9, titled Complaints Regarding Abortions Performed, explains the procedures that the Board will utilize in the event a complaint is received. The rule also explains the limitation of any Board decision and that possible criminal or civil action under the law is separate and independent of any Board decision.

Texas Department of State Health Services

Transferred Rules Re:

Rule transfer, to transfer Texas Administrative Code, Title 25, Part 1, Chapter 441, General Provisions and Title 25, Part 1, Chapter 448, Standard of Care from the Department of State Health Services (DSHS) to the Texas Health and Human Services Commission (HHSC).

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 441, General Provisions and Title 25, Part 1, Chapter 448, Standard of Care, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 564, Chemical Dependency Treatment Facilities.

The rules will be transferred in the Texas Administrative Code effective April 30, 2024.

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Early and Periodic Screening, Diagnosis, And Treatment.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 33, Early and Periodic Screening, Diagnosis, And Treatment

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter regarding Bloodborne Pathogen Control.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 96, Bloodborne Pathogen Control

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Hospital Licensing.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 133, Hospital Licensing

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter regarding Requests for Information or Official Determination on Food Regulation.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 231, Requests for Information or Official Determination on Food Regulation

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 2220.

Texas Health and Human Services Commission

Transferred Rules Re:

Rule transfer, to transfer rules from the Department of State Health Services (DSHS) to the Texas Health and Human Services Commission (HHSC).

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 441, General Provisions and Title 25, Part 1, Chapter 448, Standard of Care, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 564, Chemical Dependency Treatment Facilities.

The rules will be transferred in the Texas Administrative Code effective April 30, 2024.

Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Women’s Health Services.

The Texas Health and Human Services Commission (HHSC) 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 382, Women’s Health Services

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter pertaining to Intermediate Care Facilities for Individuals with An Intellectual Disability or Related Conditions (ICF/IID) Program–Contracting.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 261, Intermediate Care Facilities for Individuals with An Intellectual Disability or Related Conditions (ICF/IID) Program–Contracting

In Addition Re:

Public Hearing — Long-Range Planning for State Supported Living Centers

OVERVIEW

The purpose of the hearing is to receive public comment on the long-range planning for State Supported Living Centers including resident quality of care, services to transition back to the community, and availability of services as required by 533A.032.

Public Hearing — Proposed Interim Reimbursement Rates for Small and Large State-Operated Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IIDs) for Fiscal Year 2024

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive comments on the proposed interim payment rates for small and large state-operated Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IIDs) for Fiscal Year 2024. The following are the proposed interim per diem reimbursement rates for small and large state-oeprated ICF/IIDs:

Bond Homes – Medicaid-only clients:

Proposed interim daily rate: $919.74

Large State-Operated ICF/IIDs – Medicaid-only clients:

Proposed interim daily rate: $1,305.78

Large State-Operated ICF/IIDs – Dual-eligible Medicaid/Medicare clients:

Proposed interim daily rate: $1,256.51

HHSC is proposing these interim rates to ensure there are adequate funds to serve the individuals in these facilities. The proposed interim rates account for actual and projected increases in costs to operate these facilities.

Department of Aging and Disability Services

Proposed Rule Reviews Re:

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning ICF/ID Programs–Contracting.

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 40, Part 1, of the Texas Administrative Code:

Chapter 6, ICF/ID Programs–Contracting

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter regarding Consumer Directed Services Option.

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 40, Part 1, of the Texas Administrative Code:

Chapter 41, Consumer Directed Services Option