Texas Register May 3, 2024 Volume: 49 Number: 18

Texas Register Table of Contents

1 Texas Health and Human Services Commission
2 Texas Department of State Health Services
3 Department of Aging and Disability Services
- - 3.0.1 Transferred Rules Re:
    - 3.0.1.1 Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter K, Criminal History and Registry Clearances, and Subchapter L, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 301, IDD-BH Contractor Administrative Functions, Subchapter L, Criminal History and Registry Clearances in Local Intellectual and Developmental Disability Authorities, and Subchapter M, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers.
  - 3.0.2 Adopted Rule Reviews Re:
    - 3.0.2.1 Adopting the review of Title 40, Part 1, concerning Local Authority Responsibilities.
4 Texas Board of Physical Therapy Examiners
- - 4.0.1 Proposed Rule Reviews Re:
    - 4.0.1.1 Revewing Title 22, Part 16, to consider for readoption, revision, or repeal the chapters concerning Definitions, Practice, Powers and Duties of the Board, Organization of the Board, Compensation, Licensing Procedure, Professional Title, Display of License, Fees, License Renewal, Open Records, Contested Case Procedure, Administrative Fines and Penalties, Practice Settings for Physical Therapy, and Physical Therapy Licensure Compact.

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §§355.304, 355.306 – 355.308, and new §§355.318, 355.320, to update references, change titles, and introduce the new PDPM LTC methodology.

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
1 TAC §§355.304, 355.306 – 355.308, 355.318, 355.320

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §355.304, concerning Direct Care Staff Spending Requirement on or after September 1, 2023; §355.306, concerning Cost Finding Methodology; §355.307, concerning Reimbursement Setting Methodology; and §355.308, concerning Direct Care Staff Rate Component; the repeal of §355.309, concerning Performance-based Add-on Payment Methodology; and §355.314, concerning Supplemental Payments to Non-State Government-Owned Nursing Facilities; and new §355.318, concerning Reimbursement Setting Methodology for Nursing Facilities on or after September 1, 2025; and §355.320, concerning Nursing Care Staff Rate Enhancement Program for Nursing Facilities on or after September 1, 2025.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement the 2024-25 General Appropriations Act (GAA), House Bill 1, 88th Legislature, Regular Session, 2023 (Article II, Health and Human Services Commission, Rider 25). Rider 25 provides appropriations for HHSC to “develop and implement a Texas version of the Patient Driven Payment Model (PDPM) methodology for the reimbursement of long-term stay nursing facility services in the Medicaid program to achieve improved care for long-term stay nursing facility services, excluding services provided by a pediatric care facility or any state-owned facilities.”

The proposal amends §355.304, concerning Direct Care Staff Spending Requirement on or after September 1, 2023, to specify how the spending requirement will operate under PDPM Long-Term Care (LTC). The proposal amends the title of §355.306 to “Cost Finding Methodology before September 1, 2025,” and revises the rule text to replace “Rate Analysis Department” with “Provider Finance Department.” The title of §355.307 is amended to “Reimbursement Setting Methodology before September 1, 2025” and the title of §355.308 is amended to “Direct Care Staff Rate Component before September 1, 2025.” The revised titles clarify that the rules are in effect until September 1, 2025, when the PDPM LTC methodology is implemented. The proposal repeals §355.309, concerning Performance-based Add-on Payment Methodology and §355.314, concerning Supplemental Payments to Non-State Government-Owned Nursing Facilities, as these rules are no longer applicable to nursing facility reimbursement. Finally, the proposal adds new rules §355.318, concerning Reimbursement Setting Methodology for Nursing Facilities on or after September 1, 2025, and §355.320, concerning Nursing Care Staff Rate Enhancement Program for Nursing Facilities on or after September 1, 2025. The new rules operationalize the rider requirements, enabling HHSC to implement PDPM LTC.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §355.304 updates references and adds new definition “nursing care staff base rate” to subsection (b). The proposed amendment also adds new subsection (k), which outlines how the spending requirements for September 1, 2023, will operate under PDPM LTC once it is implemented. Formatting edits are made to account for the addition of a definition.
The proposed amendment to §355.306 changes the title to “Cost Finding Methodology before September 1, 2025,” and revises the rule text to replace “Rate Analysis Department” with “Provider Finance Department.” Other edits are made to hyphenate terms and correct punctuation.
The proposed amendment to §355.307 changes the title to “Reimbursement Setting Methodology before September 1, 2025.”
The proposed amendment to §355.308 changes the title to “Direct Care Staff Rate Component before September 1, 2025.”
Proposed new §355.318(a) introduces the new PDPM LTC methodology. Subsection (b) defines terms used in the rule. Subsection (c) outlines the PDPM LTC classification system. Subsection (d) defines the PDPM LTC rate components and specifies cost categories included in each of the rate components. Subsection (e) outlines reimbursement determination for total per diem rates, including base rate calculation, calculation of all rate components, and the HIV/AIDS rate add-on. Subsection (f) defines reimbursement for hospice care in a nursing facility. Subsection (g) revises the cost finding methodology currently described under §355.306 and outlines how it will operate under PDPM LTC. The proposal also limits the costs associated with contracted management fees to ensure that they are reasonable. Subsection (h) defines the reimbursement methodology for special reimbursement classes of nursing facilities (without change according to §355.307). Subsection (i) incorporates and updates language outlining reimbursement for nurse aide training and competency evaluation costs. Subsection (j) specifies that adopted rates are limited to available levels of appropriated state and federal funds.
Proposed new §355.320 changes the name of the Direct Care Staff Enhancement Program specified in §355.308 to the Nursing Care Staff Enhancement Program to align with rate components under PDPM LTC. The amendment incorporates revisions to the program. Subsection (a) introduces the Nursing Care Staff Rate Enhancement Program for nursing facilities on or after September 1, 2025. Subsection (b) defines terms used in the rule. Subsection (c) outlines the enrollment process for new facilities willing to participate in the Nursing Care Staff Rate Enhancement Program. Subsection (d) outlines reporting requirements for participants in the rate enhancement program. Subsection (e) outlines vendor hold payments for participating facilities. Subsection (f) defines requirements for completion of staffing and compensation reports for the rate enhancement program. Subsection (g) outlines rate enhancement program enrollment limitations. Subsection (h) determines the nursing care staff component enhancements. Subsection (i) outlines the process for granting nursing care staff rate enhancement. Subsection (j) outlines how the total nursing rate component is determined for each participating facility. Subsection (k) establishes nursing care staff spending requirements for participating facilities and describes how recoupment is calculated. The proposal sets new requirements that no longer include staffing requirements associated with Licensed Vocational Nurse (LVN) equivalent minutes, as outlined in §355.308(j). Subsection (l) explains the process for mitigating recoupment of funds described in §355.320(k). Subsection (m) discusses adjustments to spending requirements. Subsection (n) outlines the process for voluntary withdrawal from the rate enhancement program. Subsection (o) outlines how HHSC notifies participating facilities about recoupments based on Annual Staffing and Compensation Reports. Subsection (p) outlines the reporting process for facilities required to submit a Staffing and Compensation Report due to a change of ownership or contract termination. The proposal also establishes responsibility for the reporting requirement for a new owner. Subsection (q) defines undocumented nursing care staff and contract labor compensation costs as unallowed in case a facility fails to document staff spending. Subsection (r) outlines the process of informal reviews and formal appeals for participating facilities. Subsection (s) outlines participation in the Nursing Care Staff Rate Enhancement Program if a facility’s contract is canceled. Subsection (t) outlines how HHSC determines a facility’s compliance with spending requirements in the aggregate for entities that control more than one participating nursing facility contract. Subsection (u) outlines the Medicaid Swing Bed Program for Rural Hospitals. Subsection (v) outlines how HHSC will notify providers about a lack of available funds for participation in the rate enhancement program.

Repealing 1 TAC §355.309, §355.314, to remove rules which no longer apply to nursing facility reimbursements.

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
1 TAC §355.309, §355.314

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposal repeals §355.309 and §355.314, because these rules no longer apply to nursing facility reimbursement.

New 26 TAC §509.70, to require freestanding emergency medical care facilities establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan.

CHAPTER 509. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §509.70

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §509.70, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The proposed new rule is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The proposed rule requires certain facilities, including freestanding emergency medical care (FEMC) facilities, to establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan. The proposed rule specifies the required membership for a committee. The proposed rule requires a facility to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the facility.

The proposed rule requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the facility’s governing body. The proposed rule requires each facility to make a copy of the facility’s workplace violence prevention plan available to each health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The proposed rule establishes minimum requirements for a facility to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.

HSC §331.006 permits HHSC to take disciplinary action against a provider that violates HSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

New 26 TAC §510.47, to require private psychiatric hospitals establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §510.47

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §510.47, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The proposed new rule is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The proposed rule requires certain facilities, including private psychiatric hospitals, to establish a workplace violence prevention committee or authorize an existing facility committee to develop the hospital’s workplace violence prevention plan. The proposed rule specifies the required membership for a committee. The proposed rule requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital.

The proposed rule requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the hospital’s governing body. The proposed rule requires each hospital to make a copy of the hospital’s workplace violence prevention plan available to each hospital health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The proposed rule establishes minimum requirements for a hospital to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.

HSC §331.006 permits HHSC to take disciplinary action against a provider that violates HSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

Amending 26 TAC §553.17, to describe the ability of an accreditation commission to conduct an on-site accreditation survey.

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER B. LICENSING
26 TAC §553.17

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §553.254, concerning Training Requirements for Staff Providing Personal Care Services to a Resident With Alzheimer’s Disease or Related Disorder in a Facility that is Not an Alzheimer’s Certified Facility; and amendments to §553.17, concerning Criteria for Licensing; §553.255, concerning All Staff Policy for Residents with Alzheimer’s Disease or a Related Disorder; §553.257, concerning Human Resources; and §553.329, concerning HHSC Investigation of Allegations of Abuse, Neglect or Exploitation.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (H.B.) 1009, H.B. 1673, and H.B. 4696 from the 88th Legislature, Regular Session, 2023. H.B. 1009 requires a facility to suspend an employee who HHSC has determined has engaged in reportable conduct during any applicable appeals process. H.B. 1673 requires facilities that are not Alzheimer’s certified to nevertheless ensure all staff complete training specific to Alzheimer’s disease and related disorders. H.B. 4696 allows HHSC to conduct an offsite survey unless the investigation is for alleged abuse or neglect. The proposal also clarifies that an accreditation commission is able to conduct a life safety code survey of a facility based on the requirements in Subchapter D of Chapter 553, Facility Construction.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §553.17 clarifies the ability of an on-site accreditation survey by an accreditation commission to conduct a survey based on requirements in Subchapter D of this chapter, Facility Construction.

Amending 26 TAC §§553.254, 553.255, 553.257, to add new training requirements for staff members who are not Alzheimer’s certified and to add a suspension requirement for reportable conduct.

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER E. STANDARDS FOR LICENSURE
26 TAC §§553.254, 553.255, 553.257

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

Proposed new §553.254 adds training requirements for staff members of assisted living facilities that are not Alzheimer’s certified who provide care to residents with Alzheimer’s disease or related disorders.
The proposed amendment to §553.255 specifies that the policy requirements of this section may be satisfied by requiring the training described under proposed new §553.254 (for non-Alzheimer’s certified facilities) or existing §553.303 (for Alzheimer’s certified facilities).
The proposed amendment to §553.257 adds an employee suspension requirement when HHSC determines that a facility employee has engaged in reportable conduct.

Amending 26 TAC §553.329, to remove the in-person complaint investigation requirement unless the abuse or neglect involves an unemancipated minor who has been inappropriately placed in a facility.

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER G. INSPECTIONS, INVESTIGATIONS, AND INFORMAL DISPUTE RESOLUTION
26 TAC §553.329

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposed amendment to §553.329 removes the requirement for HHSC to perform in-person complaint investigations unless abuse or neglect has been reported or the complaint involves unemancipated minors who have been inappropriately placed in a facility.

New 26 TAC §§571.1 – 571.5, to clarify accreditation is voluntary for recovery houses and which accreditation organizations may be used.

CHAPTER 571. VOLUNTARY RECOVERY HOUSING ACCREDITATION
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §§571.1 – 571.5

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §571.1, concerning Purpose; §571.2, concerning Definitions; §571.3, concerning Approved Accrediting Organizations; §571.4, concerning Accreditation Not Required; §571.5, concerning Places Ineligible for Accreditation as a Recovery House; §571.11, concerning Standards for Accreditation; §571.21, Accrediting Organization Requirements; §571.31, concerning Soliciting; §571.32, concerning Advertising Restrictions; and §571.41, concerning Accrediting Organization Enforcement Actions in new Chapter 571, concerning Voluntary Recovery Housing Accreditation.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (H.B.) 299, 88th Legislature, Regular Session, 2023.

H.B. 299 added new Texas Health and Safety Code (THSC) Chapter 469 to establish a voluntary accreditation program for recovery housing programs. THSC Chapter 469, in part, requires HHSC to adopt minimum standards for a voluntary recovery housing accreditation process. THSC §469.002(b) requires HHSC to approve only the National Alliance for Recovery Residences or the Oxford House Incorporated to serve as an accrediting organization that provides accreditation to qualifying recovery houses.

THSC Chapter 469 also defines several key terms, outlines the responsibilities of the accreditation organizations, clarifies certain places are ineligible for accreditation as a recovery house, requires certain recovery houses to designate a responsible party, requires HHSC to prepare an annual report, prohibits soliciting and certain advertising, outlines enforcement procedures for accreditation organizations, and clarifies effective September 1, 2025, a recovery house must be accredited by an accrediting organization under this chapter to receive state money.

The proposed new rules are necessary to establish and adopt the minimum standards for recovery housing accreditation required by THSC §469.002.

SECTION-BY-SECTION SUMMARY

Proposed new §571.1 describes the chapter’s purpose.
Proposed new §571.2 defines relevant key terms used in the new chapter.
Proposed new §571.3 clarifies HHSC may approve only the National Alliance for Recovery Residences or the Oxford House Incorporated as an accrediting organization for a recovery house as required by THSC §469.002(b).
Proposed new §571.4 clarifies that seeking accreditation as a recovery house is voluntary. The new section also requires a recovery house to be accredited under the chapter and THSC Chapter 469 to receive state funding beginning September 1, 2025, as required by THSC §469.009.
Proposed new §571.5 describes the places that are ineligible for accreditation as a recovery house under THSC §469.003.

New 26 TAC §571.11, to describe accreditation standards for recovery housing.

CHAPTER 571. VOLUNTARY RECOVERY HOUSING ACCREDITATION
SUBCHAPTER B. MINIMUM STANDARDS FOR ACCREDITATION
26 TAC §571.11

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (H.B.) 299, 88th Legislature, Regular Session, 2023.

The proposed new rules are necessary to establish and adopt the minimum standards for recovery housing accreditation required by THSC §469.002.

SECTION-BY-SECTION SUMMARY

Proposed new §571.11 describes the standards for accreditation required under THSC §469.002(a).

New 26 TAC §571.21, to explain the accreditation organization requirements and the designated responsible party requirements.

CHAPTER 571. VOLUNTARY RECOVERY HOUSING ACCREDITATION
SUBCHAPTER C. ACCREDITING ORGANIZATION REQUIREMENTS
26 TAC §571.21

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (H.B.) 299, 88th Legislature, Regular Session, 2023.

The proposed new rules are necessary to establish and adopt the minimum standards for recovery housing accreditation required by THSC §469.002.

SECTION-BY-SECTION SUMMARY

Proposed new §571.21 describes the accreditation organization requirements required under THSC §469.002(c) and the designated responsible party requirements required under THSC §469.004.

New 26 TAC §571.31, §571.32, to describe soliciting and advertising restrictions.

CHAPTER 571. VOLUNTARY RECOVERY HOUSING ACCREDITATION
SUBCHAPTER D. PROHIBITED ACTIONS
26 TAC §571.31, §571.32

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (H.B.) 299, 88th Legislature, Regular Session, 2023.

The proposed new rules are necessary to establish and adopt the minimum standards for recovery housing accreditation required by THSC §469.002.

SECTION-BY-SECTION SUMMARY

Proposed new §571.31 describes the soliciting restrictions required under THSC §469.006.
Proposed new §571.32 describes the advertising restrictions required under THSC §469.007.

New 26 TAC §571.41, to explain the accrediting organization enforcement actions.

CHAPTER 571. VOLUNTARY RECOVERY HOUSING ACCREDITATION
SUBCHAPTER E. ENFORCEMENT
26 TAC §571.41

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (H.B.) 299, 88th Legislature, Regular Session, 2023.

The proposed new rules are necessary to establish and adopt the minimum standards for recovery housing accreditation required by THSC §469.002.

SECTION-BY-SECTION SUMMARY

Proposed new §571.41 describes the accrediting organization enforcement actions required under THSC §469.008.

Amending 26 TAC §745.8483, §745.8497, to classify certain information as confidential and the exceptions to the confidentiality requirements.

CHAPTER 745. LICENSING
SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY
26 TAC §745.8483, §745.8497

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §745.8483, concerning What portions of a child care record are confidential, and new §745.8497, concerning What confidentiality requirements apply to a person who is an applicant for a permit, a permit holder, or a former permit holder, in Texas Administrative Code, Title 26, Chapter 745, Licensing, Subchapter K, Division 3, Confidential Records.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to implement Senate Bill (S.B.) 510 and a portion of House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023.

S.B. 510 added §552.11765 to Texas Government Code to require a state licensing authority to make confidential certain information regarding a permit applicant, permit holder, or former permit holder. Accordingly, HHSC Child Care Regulation (CCR) is proposing (1) a new rule that describes the confidentiality requirements that apply to an applicant for a permit, a permit holder, or a former permit holder; and (2) amending an existing rule that describes the confidential portions of a child care record to include a cross-reference to the new rule.

H.B. 4696 amended Texas Health and Safety Code §253.001(4) and Texas Human Resources Code §48.251(a)(3) and §48.252(b) and (c) to specify that HHSC Long-Term Care Regulation Provider Investigations (HHSC PI) is responsible for investigating an allegation of abuse, neglect, and exploitation of an elderly person or adult with a disability who resides in a residential child-care facility. Accordingly, CCR proposes amending one rule to add to the list of confidential information in a child care record any information that would interfere with an HHSC PI investigation if the information were released. Only a portion of H.B. 4696 is being implemented as part of this rule project; a separate project will complete the rule development to implement the bill.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §745.8483 adds to the portions of a child care record that are considered confidential (1) any information that would interfere with an HHSC PI investigation of adult abuse, neglect, or exploitation; and (2) information relating to a person who is an applicant for a permit, a permit holder, or former permit holder as described in proposed new §745.8497.
Proposed new §745.8497 includes requirements (1) listing certain information as confidential regarding a person who is an applicant for a permit, a permit holder, or a former permit holder; and (2) listing exceptions to the confidentiality requirements.

Amending 26 TAC §904.5, to update language, agency information, and add new definitions.

CHAPTER 904. CONTINUITY OF SERVICES–STATE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §904.5

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §904.5, concerning Definitions; §904.25, concerning Criteria for Commitment and Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA; §904.29, concerning Criteria for Commitment of a Minor to a State MR Facility Under the PMRA; §904.43, concerning MRA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA; and §904.45, concerning MRA Referral of an Applicant to a State MR Facility.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with statute, which requires HHSC to create a pathway to civil commitment to a state supported living center (SSLC) without a recommendation for placement by an interdisciplinary team (IDT). Senate Bill 944, 88th Legislature, Regular Session, 2023 amended Texas Health and Safety Code Chapter 593 to establish this requirement. The proposed amendments establish guidelines and processes for such a commitment. Additional amendments to update language and agency information are also proposed.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §904.5, Definitions, updates language and agency information to use current terminology and includes new definitions for community-based services and intellectual disability.

Amending 26 TAC §§904.25, 904.29, 904.43, 904.45, to describe the requirements that must be met for adults and minors to be civilly committed to residential services with and without an interdisciplinary team (IDT) recommendation.

CHAPTER 904. CONTINUITY OF SERVICES–STATE FACILITIES
SUBCHAPTER B. ADMISSION AND COMMITMENT
26 TAC §§904.25, 904.29, 904.43, 904.45

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposed amendment to §904.25, Criteria for Commitment and Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA, renames the section to “Criteria for Commitment, Commitment for Residential Services Without an Interdisciplinary Team Recommendation, and Regular Voluntary Admission of an Adult to a Residential Care Facility Under the PIDA;” updates language in the section; adds the requirements that must be met for an adult to be civilly committed to residential services without an IDT recommendation; and adds the right of a party to certain commitment proceedings to appeal the judgment to the appropriate court of appeals.
The proposed amendment to §904.29, Criteria for Commitment of a Minor to a State MR Facility Under the PMRA, renames the section to “Criteria for Commitment and Commitment for Residential Services Without an Interdisciplinary Team Recommendation of a Minor to a Residential Care Facility Under the PIDA;” updates language in the section; adds the requirements that must be met for a minor to be civilly committed to residential services with and without an interdisciplinary team (IDT) recommendation; and adds the right of a party to certain commitment proceedings to appeal the judgment to the appropriate court of appeals.
The proposed amendment to §904.43, MRA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA, renames the section to “LIDDA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a Residential Care Facility Under the PIDA” and updates language and references to Texas Administrative Code.
The proposed amendment to §904.45, MRA Referral of an Applicant to a State MR Facility, renames the section to “LIDDA Referral of an Applicant to a Residential Care Facility” and updates language and agency information.

New 26 TAC §§930.1, 930.3, 930.5, 930.7, 930.9, 930.11, to describe the role of an essential caregiver and when the essential caregiver can have in-person state hospital visitation.

CHAPTER 930. STATE HOSPITAL ESSENTIAL CAREGIVER DESIGNATION
26 TAC §§930.1, 930.3, 930.5, 930.7, 930.9, 930.11

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §930.1, concerning Purpose; §930.3, concerning Application; §930.5, concerning Definitions; §930.7, concerning Essential Caregiver In-Person Visitation; §930.9, concerning Revocation; and §930.11, concerning Temporary Suspension of Essential Caregiver Visits.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with Texas Health and Safety Code (THSC) Chapter 552, Subchapter F, Right to Essential Caregiver Visits, enacted by Senate Bill 52, 88th Legislature, Regular Session, 2023. Specifically, §552.202 establishes the right for a patient in a state hospital, or the patient’s legally authorized representative (LAR), to designate an essential caregiver with whom a state hospital cannot prohibit in-person visitation. Section 552.203 further requires the HHSC Executive Commissioner to develop guidelines for the state hospitals regarding the right to designate an essential caregiver, visitation schedules, physical contact, and safety protocols. Section 552.204 also addresses when an essential caregiver designation can be revoked, and the related right to an appeal, and Section 552.205 sets forth when a state hospital may seek a temporary suspension of visits.

SECTION-BY-SECTION SUMMARY

Proposed new §930.1, Purpose, describes that the purpose of the rules is to establish the right to designate an essential caregiver as provided by THSC Chapter 552, Subchapter F.
Proposed new §930.3, Application, describes who this chapter applies to and who must adhere to the policies outlined in this chapter.
Proposed new §930.5, Definitions, defines certain terms used throughout the chapter to help the reader understand the policy.
Proposed new §930.7, Essential Caregiver In-Person Visitation, describes the rights of a patient or the patient’s LAR to designate an essential caregiver who can have in-person state hospital visitation, and guidelines for those visits.
Proposed new §930.9, Revocation, describes that each patient or the patient’s LAR has the right to revoke an essential caregiver designation and may then designate another person as the essential caregiver. This section also addresses how and when a state hospital may revoke an essential caregiver designation, and how a patient, or the patient’s LAR, may appeal such a revocation.
Proposed new §930.11, Temporary Suspension of Essential Caregiver Visits, describes how each state hospital can petition the state hospital associate commissioner or the state hospital associate commissioner’s designee to suspend in-person essential caregiver visitation if it poses a community health risk, and how long a temporary suspension may last.

Transferred Rules Re:

Transferring former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter K, Criminal History and Registry Clearances, and Subchapter L, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 301, IDD-BH Contractor Administrative Functions, Subchapter L, Criminal History and Registry Clearances in Local Intellectual and Developmental Disability Authorities, and Subchapter M, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers.

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, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter K, Criminal History and Registry Clearances, and Subchapter L, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 301, IDD-BH Contractor Administrative Functions, Subchapter L, Criminal History and Registry Clearances in Local Intellectual and Developmental Disability Authorities, and Subchapter M, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers.

The rules will be transferred in the Texas Administrative Code effective May 31, 2024.

Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Medicaid Eligibility for the Elderly and People with Disabilities.

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 358, Medicaid Eligibility for the Elderly and People with Disabilities

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter regarding Employee Training and Education.

Chapter 396, Employee Training and Education

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Family Violence Program.

Chapter 356, Family Violence Program

In Addition Re:

Correction of Error

The Texas Health and Human Services Commission (HHSC) proposed amendments to 26 TAC §746.501 in the April 19, 2024, issue of the Texas Register (49 TexReg 2386). Due to an error by the Texas Register, the section number for 26 TAC §746.501 was omitted from two sentences in the first and fourth paragraphs of the preamble for the adopted rulemaking. The corrected sentences are as follows:

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §746.405, concerning What telephone numbers must I post and where must I post them; §746.501, concerning What written operational policies must I have; §746.1317, concerning Must the training for my caregivers and the director meet certain criteria; and §746.4101, concerning Who may I release children to; and new §746.521, concerning What rights does a parent of a child in care of my child-care center have, in Texas Administrative Code, Title 26, Chapter 746, Minimum Standards for Child-Care Centers.

The proposed amendment to §746.501 (1) adds a requirement that a child-care center include, in its written operational policies, procedures that address parent rights that are consistent with rules in new Division 5 of Subchapter B; (2) removes operational policy requirements that have been moved to new Division 5; (3) reorganizes a paragraph in the rule to consolidate information and improve readability; and (4) renumbers paragraphs in the rule accordingly.

Texas Department of State Health Services

Proposed Rules Re:

New 25 TAC §§1.1 – 1.4, to create eligibility requirements for a patient with a severe chronic disease to access and use an investigational drug, biological product, or device and describe the requirement for an informed consent form.

CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER A. INVESTIGATIONAL TREATMENTS FOR PATIENTS WITH SEVERE CHRONIC DISEASES
25 TAC §§1.1 – 1.4

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §1.1, concerning Purpose and Scope; new §1.2, concerning Definitions; new §1.3, concerning Patient Eligibility; and new §1.4, concerning Informed Consent, in new Subchapter A, Investigational Treatments for Patients with Severe Chronic Diseases.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Senate Bill 773, 88th Legislature, Regular Session, 2023, which added Chapter 490 to the Texas Health and Safety Code to allow access to investigational treatments for patients with severe chronic disease. Texas Health and Safety Code §490.002 requires DSHS to designate medical conditions considered to be severe chronic diseases. Texas Health and Safety Code §490.052 states that DSHS may prescribe a form for the informed consent required by the new chapter.

SECTION-BY-SECTION SUMMARY

Proposed new §1.1, Purpose and Scope, describes the requirements of the subchapter.
Proposed new §1.2, Definitions, provides definitions for words and terms used in the subchapter, including “commissioner;” “department;” “investigational drug, biological product, or device;” and “severe chronic disease.”
Proposed new §1.3, Patient Eligibility, establishes eligibility requirements for a patient with a severe chronic disease to access and use an investigational drug, biological product, or device.
Proposed new §1.4, Informed Consent, describes the requirement for an informed consent form. The proposed rule provides the department website to access the written informed consent form created by DSHS, pursuant to Texas Health and Safety Code §490.052(b).

Repealing 25 TAC §3.31, §3.41, to remove unnecessary rules.

CHAPTER 3. MEMORANDUMS OF UNDERSTANDING WITH OTHER STATE AGENCIES
25 TAC §3.31, §3.41

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §3.31, concerning Memorandum of Understanding between the Texas Department of Criminal Justice, Texas Commission for the Blind, Texas Commissioner for the Deaf and Hard of Hearing, Texas Rehabilitation Commission, Texas Department of Human Services, and the Texas Department of Health, and §3.41, concerning Memorandum of Understanding Concerning Special Education Services to Students with Disabilities in Residential Facilities.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 219, 84th Legislature, Regular Session, 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §3.31 and §3.41 deletes the rules as they are no longer necessary.

Repealing 25 TAC §4.1, to remove an unnecessary rule.

CHAPTER 4. DSHS CONTRACTING RULES
SUBCHAPTER A. PROTEST PROCEDURES FOR CERTAIN DSHS PURCHASES
25 TAC §4.1

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §4.1, concerning Contract Protests; §4.11, concerning Purpose; §4.12, concerning Applicability; §4.13, concerning Definitions; §4.14, concerning Prerequisites to Suit; §4.15, concerning Notice of Claim of Breach of Contract; §4.16, concerning Agency Counterclaim; §4.17, concerning Request for Voluntary Disclosure of Additional Information; §4.18, concerning Timetable for Negotiation and Mediation; §4.19, concerning Conduct of Negotiation; §4.20, concerning Settlement Approval Procedures for Negotiation; §4.21, concerning Negotiated Settlement Agreement; §4.22, concerning Costs of Negotiation; §4.23, concerning Request for Contested Case Hearing; and §4.24, concerning Mediation.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 200, 84th Legislature, Regular Session, 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §4.1 and §§4.11 – 4.24 deletes the rules as they are no longer necessary.

Repealing 25 TAC §§4.11 – 4.24, to remove unnecessary rules.

CHAPTER 4. DSHS CONTRACTING RULES
SUBCHAPTER B. CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT
25 TAC §§4.11 – 4.24

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 200, 84th Legislature, Regular Session, 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §4.1 and §§4.11 – 4.24 deletes the rules as they are no longer necessary.

Repealing 25 TAC §§61.21 – 61.24, to remove unnecessary rules.

CHAPTER 61. CHRONIC DISEASES
SUBCHAPTER B. DIABETIC EYE DISEASE DETECTION INITIATIVE
25 TAC §§61.21 – 61.24

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §61.21, concerning General Information; §61.22, concerning Client Eligibility; §61.23, concerning Program Benefits; and, §61.24, concerning Payment for Services.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. The Diabetic Eye Disease Detection Initiative has been inactive since 2011 and DSHS does not intend to reactivate the initiative.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§61.21 – 61.24 deletes the rules as they are no longer necessary.

Repealing 25 TAC §§61.21 – 61.24, to delete unnecessary rules.

CHAPTER 61. CHRONIC DISEASES
SUBCHAPTER B. DIABETIC EYE DISEASE DETECTION INITIATIVE
25 TAC §§61.21 – 61.24

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§61.21 – 61.24 deletes the rules as they are no longer necessary.

Repealing 25 TAC §111.2, §111.3, to delete unnecessary rules.

CHAPTER 111. SPECIAL HEALTH SERVICES
25 TAC §111.2, §111.3

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §111.2, concerning Memorandum of Understanding Concerning Hospitals and Long-Term Care Facilities and §111.3, concerning Reporting Obligation by the Department of Agency Regulatory Survey Information.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §111.2 and §111.3 deletes the rules as they are no longer necessary.

Repealing 25 TAC §113.1, §113.2, to remove unnecessary rules.

CHAPTER 113. SPECIAL HEALTH SERVICES PERMITS
25 TAC §113.1, §113.2

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §113.1, concerning Processing Permits for Special Health Services Professionals and §113.2, concerning Time Periods for Processing and Issuing Licenses for Health Care Providers.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. Senate Bill 202, 84th Legislature, Regular Session, 2015, transferred this program to HHSC.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §113.1 and §113.2 deletes the rules as they are no longer necessary.

Repealing 25 TAC §§127.1 – 127.4, to remove unnecessary rules.

CHAPTER 127. REGISTRY FOR PROVIDERS OF HEALTH-RELATED SERVICES
25 TAC §§127.1 – 127.4

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §127.1, concerning Request for Placement of an Occupation on the Registry; §127.2, concerning Approved Occupations; §127.3 concerning Application and Approval of an Individual’s Placement on a Registry; and §127.4, concerning Fees.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 970, 87th Legislature, Regular Session, 2021.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§127.1 – 127.4 deletes the rules as they are no longer necessary.

New 25 TAC §133.55, to require general and special hospitals to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.55

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §133.55, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The proposed new rule is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The proposed rule requires general and special hospitals to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan. The proposed rule specifies the required membership for a committee. The proposed rule requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital.

HSC §331.006 permits HHSC to take disciplinary action against a provider that violates HSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

New 25 TAC §135.31, to require ambulatory surgical centers to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan.

CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §135.31

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §135.31, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The proposed new rule is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The proposed rule requires ambulatory surgical centers (ASCs) to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan. The proposed rule specifies the required membership for a committee. The proposed rule requires an ASC to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the ASC.

The proposed rule requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the ASC’s governing body. The proposed rule requires each ASC to make a copy of the ASC’s workplace violence prevention plan available to each health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The proposed rule establishes minimum requirements for an ASC to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.

HSC §331.006 permits HHSC to take disciplinary action against a provider that violates HSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

Repealing 25 TAC §§140.30 – 140.48, to remove unnecessary rules.

CHAPTER 140. HEALTH PROFESSIONS REGULATION
SUBCHAPTER B. PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM
25 TAC §§140.30 – 140.48

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §140.30, concerning Introduction; §140.31, concerning Definitions; §140.32, concerning Fees; §140.33, concerning Petition for Rulemaking; §140.34, concerning Application Requirements and Procedures; §140.35, concerning Requirement for Insurance; §140.36, concerning Application Processing; §140.37, concerning Categories of Licensure and Registration; §140.38, concerning Renewal of License or Registration; §140.39, concerning Changes of Name or Address; §140.40, concerning Standards of Conduct for PERS Providers; §140.41, concerning Consumer Information; §140.42, concerning Filing Complaints and Complaint Investigations; §140.43, concerning Grounds for Disciplinary Action; §140.44, concerning Informal Disposition; §140.45, concerning Formal Hearings; §140.46, concerning Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions; §140.47, concerning Immediate Suspension for Failure to Maintain Insurance Coverage; §140.48, concerning Registration for Military Service Members, Military Veterans, and Military Spouses; §140.250, concerning Introduction; §140.251, concerning Definitions; §140.252, concerning Fees; §140.253, concerning Petition for Rulemaking; §140.254, concerning Sale or Delivery of Contact Lenses and Prescription Verification; §140.255, concerning Display of Permit; §140.256, concerning Application Requirements and Procedures; §140.257, concerning Application Processing; §140.258, concerning Renewal of Permit; §140.259, concerning Changes of Name or Address; §140.260, concerning filing Complaints and Complaint Investigations; §140.261, concerning Grounds for Disciplinary Action; §140.262, concerning Informal Disposition; §140.263, concerning Formal Hearings; §140.264, concerning Guidelines for Issuing Permits to Persons with Criminal Convictions; §140.265, concerning Permitting of Military Service Members, Military Veterans, and Military Spouses; §140.275, concerning Purpose and Construction; §140.276, concerning Definitions; §140.277, concerning Fees; §140.278, concerning Application Procedures and Requirements for Registration; §140.279, concerning Issuance of Certificate of Registration; §140.280, concerning Renewal of Registration; §140.281, concerning Requirements for Continuing Education; §140.282, concerning Change of Name or Address; §140.283, concerning Violations, Complaints, Investigation of Complaints, and Disciplinary Actions; §140.284, concerning Registration of Applicants with Criminal Backgrounds; §140.285, concerning Professional and Ethical Standards; §140.286, concerning Request for Criminal History Evaluation Letter; and, §140.287, concerning Registration of Military Service Members, Military Veterans, and Military Spouses.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. Senate Bill (S.B.) 202, 84th Legislature, Regular Session, 2015, repealed the regulation of these health professions.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§140.30 – 140.48, §§140.250 – 140.265 and §§140.275 – 140.287 deletes rules no longer necessary.

Repealing 25 TAC §§140.250 – 140.265, to remove unnecessary rules.

CHAPTER 140. HEALTH PROFESSIONS REGULATION
SUBCHAPTER F. CONTACT LENS DISPENSERS
25 TAC §§140.250 – 140.265

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §140.30, concerning Introduction; §140.31, concerning Definitions; §140.32, concerning Fees; §140.33, concerning Petition for Rulemaking; §140.34, concerning Application Requirements and Procedures; §140.35, concerning Requirement for Insurance; §140.36, concerning Application Processing; §140.37, concerning Categories of Licensure and Registration; §140.38, concerning Renewal of License or Registration; §140.39, concerning Changes of Name or Address; §140.40, concerning Standards of Conduct for PERS Providers; §140.41, concerning Consumer Information; §140.42, concerning Filing Complaints and Complaint Investigations; §140.43, concerning Grounds for Disciplinary Action; §140.44, concerning Informal Disposition; §140.45, concerning Formal Hearings; §140.46, concerning Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions; §140.47, concerning Immediate Suspension for Failure to Maintain Insurance Coverage; §140.48, concerning Registration for Military Service Members, Military Veterans, and Military Spouses; §140.250, concerning Introduction; §140.251, concerning Definitions; §140.252, concerning Fees; §140.253, concerning Petition for Rulemaking; §140.254, concerning Sale or Delivery of Contact Lenses and Prescription Verification; §140.255, concerning Display of Permit; §140.256, concerning Application Requirements and Procedures; §140.257, concerning Application Processing; §140.258, concerning Renewal of Permit; §140.259, concerning Changes of Name or Address; §140.260, concerning filing Complaints and Complaint Investigations; §140.261, concerning Grounds for Disciplinary Action; §140.262, concerning Informal Disposition; §140.263, concerning Formal Hearings; §140.264, concerning Guidelines for Issuing Permits to Persons with Criminal Convictions; §140.265, concerning Permitting of Military Service Members, Military Veterans, and Military Spouses; §140.275, concerning Purpose and Construction; §140.276, concerning Definitions; §140.277, concerning Fees; §140.278, concerning Application Procedures and Requirements for Registration; §140.279, concerning Issuance of Certificate of Registration; §140.280, concerning Renewal of Registration; §140.281, concerning Requirements for Continuing Education; §140.282, concerning Change of Name or Address; §140.283, concerning Violations, Complaints, Investigation of Complaints, and Disciplinary Actions; §140.284, concerning Registration of Applicants with Criminal Backgrounds; §140.285, concerning Professional and Ethical Standards; §140.286, concerning Request for Criminal History Evaluation Letter; and, §140.287, concerning Registration of Military Service Members, Military Veterans, and Military Spouses.

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§140.30 – 140.48, §§140.250 – 140.265 and §§140.275 – 140.287 deletes rules no longer necessary.

Repealing 25 TAC §§140.275 – 140.287, to delete unnecessary rules.

CHAPTER 140. HEALTH PROFESSIONS REGULATION
SUBCHAPTER G. OPTICIANS
25 TAC §§140.275 – 140.287

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §140.30, concerning Introduction; §140.31, concerning Definitions; §140.32, concerning Fees; §140.33, concerning Petition for Rulemaking; §140.34, concerning Application Requirements and Procedures; §140.35, concerning Requirement for Insurance; §140.36, concerning Application Processing; §140.37, concerning Categories of Licensure and Registration; §140.38, concerning Renewal of License or Registration; §140.39, concerning Changes of Name or Address; §140.40, concerning Standards of Conduct for PERS Providers; §140.41, concerning Consumer Information; §140.42, concerning Filing Complaints and Complaint Investigations; §140.43, concerning Grounds for Disciplinary Action; §140.44, concerning Informal Disposition; §140.45, concerning Formal Hearings; §140.46, concerning Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions; §140.47, concerning Immediate Suspension for Failure to Maintain Insurance Coverage; §140.48, concerning Registration for Military Service Members, Military Veterans, and Military Spouses; §140.250, concerning Introduction; §140.251, concerning Definitions; §140.252, concerning Fees; §140.253, concerning Petition for Rulemaking; §140.254, concerning Sale or Delivery of Contact Lenses and Prescription Verification; §140.255, concerning Display of Permit; §140.256, concerning Application Requirements and Procedures; §140.257, concerning Application Processing; §140.258, concerning Renewal of Permit; §140.259, concerning Changes of Name or Address; §140.260, concerning filing Complaints and Complaint Investigations; §140.261, concerning Grounds for Disciplinary Action; §140.262, concerning Informal Disposition; §140.263, concerning Formal Hearings; §140.264, concerning Guidelines for Issuing Permits to Persons with Criminal Convictions; §140.265, concerning Permitting of Military Service Members, Military Veterans, and Military Spouses; §140.275, concerning Purpose and Construction; §140.276, concerning Definitions; §140.277, concerning Fees; §140.278, concerning Application Procedures and Requirements for Registration; §140.279, concerning Issuance of Certificate of Registration; §140.280, concerning Renewal of Registration; §140.281, concerning Requirements for Continuing Education; §140.282, concerning Change of Name or Address; §140.283, concerning Violations, Complaints, Investigation of Complaints, and Disciplinary Actions; §140.284, concerning Registration of Applicants with Criminal Backgrounds; §140.285, concerning Professional and Ethical Standards; §140.286, concerning Request for Criminal History Evaluation Letter; and, §140.287, concerning Registration of Military Service Members, Military Veterans, and Military Spouses.

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§140.30 – 140.48, §§140.250 – 140.265 and §§140.275 – 140.287 deletes rules no longer necessary.

Repealing 25 TAC §§205.1 – 205.17, to delete unnecessary rules.

CHAPTER 205. PRODUCT SAFETY
SUBCHAPTER A. BEDDING RULES
25 TAC §§205.1 – 205.17

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §205.1, concerning Purpose and Scope; §205.2, concerning Definitions; §205.3, concerning General Requirements; §205.4, concerning Labeling Requirements; §205.5, concerning Definitions and Designations of Filling Materials; §205.6, concerning Adjunctive Terms; §205.7, concerning Suggested Terminology for Various Fiber By-Products; §205.8, concerning Germicidal Treatment Requirements; Methods; §205.9, concerning Sanitary Premises; §205.10, concerning Adjustments to the Minimum Requirements; §205.11, concerning Permit Requirements; Types; Application; Conditions; Suspension; §205.12, concerning Administrative Penalty; §205.13, concerning Detained or Embargoed Bedding; §205.14, concerning Removal Order for Detained or Embargoed Bedding; §205.15, concerning Condemnation; §205.16, concerning Recall Orders; and §205.17, concerning Inspection.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§205.1 – 205.17 deletes the rules as they are no longer necessary.

Repealing 25 TAC §§297.1 – 297.10, to delete unnecessary rules.

CHAPTER 297. INDOOR AIR QUALITY
SUBCHAPTER A. GOVERNMENT BUILDINGS
25 TAC §§297.1 – 297.10

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §297.1, concerning General Provisions; §297.2, concerning Definitions; §297.3, concerning Recommendations for Implementing a Governmental Building IAQ Program; §297.4, concerning Design/Construction/Renovation; §297.5, concerning Building Operation and Maintenance Guidelines; §297.6, concerning Recommended Building Occupant Responsibilities; §297.7, concerning Assessing and Resolving IAQ Problems; §297.8, concerning Guidelines for Comfort and Minimum Risk Levels; §297.9, concerning Lease Agreements; and §297.10, concerning Special Considerations.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§297.1 – 297.10 deletes the rules as they are no longer necessary.

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Agency and Facility Responsibilities.

The Texas Health and Human Services Commission (HHSC), in its own capacity and 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 417, Agency and Facility Responsibilities

Adopted Rule Reviews Re:

Adopting the review of Title 25, Part 1, concerning the Texas HIV Medication Program.

The 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 98, Texas HIV Medication Program

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 3039.

Department of Aging and Disability Services

Transferred Rules Re:

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter K, Criminal History and Registry Clearances, and Subchapter L, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 301, IDD-BH Contractor Administrative Functions, Subchapter L, Criminal History and Registry Clearances in Local Intellectual and Developmental Disability Authorities, and Subchapter M, Abuse, Neglect, and Exploitation in Local Authorities and Community Centers.

OVERVIEW

Adopted Rule Reviews Re:

Adopting the review of Title 40, Part 1, concerning Local Authority Responsibilities.

The Texas Health and Human Services Commission (HHSC), as the successor agency of the Texas Department of Aging and Disability Services, adopts the review of the chapter below in Title 40, Part 1, of the Texas Administrative Code (TAC):

Chapter 2, Local Authority Responsibilities

Texas Board of Physical Therapy Examiners

Proposed Rule Reviews Re:

Revewing Title 22, Part 16, to consider for readoption, revision, or repeal the chapters concerning Definitions, Practice, Powers and Duties of the Board, Organization of the Board, Compensation, Licensing Procedure, Professional Title, Display of License, Fees, License Renewal, Open Records, Contested Case Procedure, Administrative Fines and Penalties, Practice Settings for Physical Therapy, and Physical Therapy Licensure Compact.

The Texas Board of Physical Therapy Examiners (Board) files this notice of intent to review the following chapters of Title 22, Part 16 of the Texas Administrative Code in accordance with Texas Government Code §2001.039: Chapter 321, concerning Definitions; Chapter 322, concerning Practice; Chapter 323, concerning Powers and Duties of the Board; Chapter 325, concerning Organization of the Board; Chapter 327, concerning Compensation; Chapter 329, concerning Licensing Procedure; Chapter 335, concerning Professional Title; Chapter 337, concerning Display of License; Chapter 339, concerning Fees; Chapter 341, concerning License Renewal; Chapter 342, concerning Open Records; Chapter 343, concerning Contested Case Procedure; Chapter 344, concerning Administrative Fines and Penalties; Chapter 346, concerning Practice Settings for Physical Therapy; and Chapter 348, concerning Physical Therapy Licensure Compact.

During the review, the Board will consider whether the reason for adopting the rules continues to exist, and whether the rules should be repealed, readopted, or readopted with amendments.