Texas Register Table of Contents
- 1 Department of State Health Services
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 25 TAC §133.47, to update contact information to submit complaints and reflect the change of statutory authority from the Department of State Health Services to the Texas Health and Human Services Commission (“HHSC”).
- 1.0.1.2 Amending 25 TAC §133.101, §133.102, to repeal the Inspection and Investigation Procedures and the Complaint Against a Department of State Health Services Surveyor because the content of the rule has been added to proposed new §§133.102 – 133.104.
- 1.0.1.3 Amending 25 TAC §§133.101 – 133.106, to place limits on a facility’s authority to record HHSC interviews and internal discussions; updates hospital and special hospital inspection requirements; establishes the required timeframes regarding responding to a written Statement of Deficiencies; informs providers that HHSC reports issues or complaints to the appropriate licensing authorities; and notifies a hospital about the complaint registration process against an HHSC inspector or investigator.
- 1.0.1.4 Amending 25 TAC §133.121, to update the rule’s title for consistency purposes and make necessary corrections and updates to reflect current practices and conform with the statute.
- 1.0.1.5 Amending 25 TAC §§135.21, 135.24, 135.25, to repeal the Inspections, Enforcement, and Complaints sections because the content of the rule has been added to proposed new §135.62, §135.67, and §135.63.
- 1.0.1.6 Amending 25 TAC §135.22, to reflect the transition of regulatory authority from DHS to HHSC, as well as specify the time frame for an ASC to return the license to HHSC when the ASC cannot provide sufficient evidence that it submitted a renewal application and fee.
- 1.0.1.7 Amending 25 TAC §§135.61 – 135.67, to place limits on an ASC’s authority to record HHSC interviews and internal discussions; update ASC inspection requirements; update ASC complaint investigation requirements; inform an ASC of the required timeframes for responding to a written Statement of Deficiencies; inform providers that HHSC reports conduct issues or complaints to the appropriate licensing authorities; inform an ASC about complaint registration against an HHSC inspector or investigator; and creates greater consistency between the ASC ruleset and other HHSC facility types.
- 1.0.2 Withdrawn Rules Re:
- 1.0.2.1 Withdrawing 25 TAC §157.2, to incorporate terminology and definitions for RACs, emergency medical systems, trauma facilities, and stroke facilities.
- 1.0.2.2 Withdrawing 25 TAC §§157.123, 157.125, 157.130, 157.131, to allow for new rules, which integrate legislative requirements and the use of telemedicine for facilities that are in a county of less than 30,000 people.
- 1.0.2.3 Withdrawing 25 TAC §§157.123, 157.125, 157.128, 157.130, to describe and RAC and to define the requirements a hospital must meet to achieve trauma facility designation.
- 1.0.3 Adopted Rules Re:
- 1.0.4 Adopted Rules Review Re:
- 1.0.1 Proposed Rules Re:
- 2 Texas Health and Human Services Commission
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 26 TAC §506.61, §506.62, to repeal Inspection and Investigation Procedures, and Complaint Against a Texas Department of Health Representative, because the rule has been added to proposed new §§506.62 – 506.64 and §506.66.
- 2.0.1.2 Amending 26 TAC §§506.61 – 506.66, to place limits on a facility’s authority to record HHSC interviews and internal discussions; update special care facility inspection requirements; update special care facility complaint investigation requirements; inform a facility of the required timeframes for responding to a written Statement of Deficiencies; inform providers that HHSC reports conduct issues or complaints to the appropriate licensing authorities; and inform a facility about complaint registration against an HHSC inspector or investigator.
- 2.0.1.3 Amending 26 TAC §506.71, §506.73, to create consistency between the ruleset for a special care facility and other HHSC facility types, as well as reflecting the transition of responsibility for special care facilities from DSHS to HHSC.
- 2.0.1.4 Amending 26 TAC §510.1, §510.2, to update the statutory reference for the rules and add definitions to increase consistency across the rule sets for licensed health care facilities.
- 2.0.1.5 Amending 26 TAC §§510.21 – 510.26, to update rule references to reflect the rule transfer from 25 TAC to 26 TAC, update rule language to ensure consistency with the statute, and make other non-substantive edits to improve clarity.
- 2.0.1.6 Amending 26 TAC §§510.41, – 510.43, 510.46, to update rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, update rule language to ensure consistency with the statute, and makes other non-substantive edits to improve clarity.
- 2.0.1.7 Amending 26 TAC §510.61, §510.62, to update rule references to reflect the rules transfer from 25 TAC to 26 TAC, update rule language to ensure consistency with the statute, make other non-substantive edits to improve clarity, and revise the title of Subchapter F to “Fire Prevention and Protection.”
- 2.0.1.8 Amending 26 TAC §510.101, to update outdated information, correct typographical errors, and update rule references to reflect the rules transfer from 25 TAC to 26 TAC.
- 2.0.1.9 Amending 26 TAC §§510.121 – 510.123, 510.125, 510.127 – 510.129, 510.131, to replace terms, update outdated information, update rule references to reflect the rules transfer from 25 TAC to 26 TAC, update figure titles, and make non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
- 2.0.1.10 Amending 26 TAC §§510.81 – 510.83, to repeal the Survey and Investigation Procedures, Complaint Against a Texas Department of Health Representative, and Enforcement rules because the content of the rules have been added to proposed new §§510.82 – 510.84, §510.86, and §510.87.
- 2.0.1.11 Amending 26 TAC §§510.81 – 510.87, to place limits on a facility’s authority to record HHSC interviews and internal discussions; update PPHCSU inspection requirements; update PPHCSU complaint investigation requirements; inform a facility of the required timeframes for responding to a written Statement of Deficiencies; inform providers that HHSC reports conduct issues or complaints to the appropriate licensing authorities; inform a facility about complaint registration against an HHSC inspector or investigator; and create consistency between PPHCSU ruleset and other HHSC facility types.
- 2.0.2 Adopted Rules Re:
- 2.0.2.1 Adopting 1 TAC §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17, to provide updates on the eligibility requirements in the HTW program and replace references and language which is outdated.
- 2.0.2.2 Adopting 1 TAC §382.3, §382.11, to remove the non-entitlement and availability rule and the financial eligibility requirements.
- 2.0.2.3 Adopting 1 TAC §§382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, 382.127, to replace references to expired statutes, improve the clarity of definitions, enhance the readability of the rules, and making conforming changes to the use of specific terms.
- 2.0.3 Proposed Rule Review Re:
- 2.0.4 Adopted Rule Review Re:
- 2.0.4.1 Adopting the review of Title 1, Part 15, concerning Medicaid Managed Care.
- 2.0.4.2 Adopting the review of Title 1, Part 15, concerning the Temporary Assistance for Needy Families and Supplemental Nutrition Assistance Programs.
- 2.0.4.3 Adopting the review of Title 26, Part 1, concerning Area Agencies on Aging.
- 2.0.4.4 Adopting the review of Title 26, Part 1, concerning the Primary Health Care Services Program.
- 2.0.1 Proposed Rules Re:
- 3 Texas Department of Licensing and Regulation
- 3.0.1 Adopted Rules Re:
- 3.0.1.1 Adopting 16 TAC §111.1, to change the name of the section from “Authority” to “Authority and Applicability.”
- 3.0.1.2 Adopting 16 TAC §111.23, to recognize the two different jurisprudence exams and update references to the examinations.
- 3.0.1.3 Adopting 16 TAC §111.50, to make technical corrections.
- 3.0.1.4 Adopting 16 TAC §111.140, to remove unnecessary explanatory provisions.
- 3.0.1.5 Adopting 16 TAC §§111.150, 111.151, 111.155, to require that a licensee provide proof of licensure to clients upon request.
- 3.0.1.6 Adopting 16 TAC §111.160, to update the fee language.
- 3.0.1.7 Adopting 16 TAC §111.190, §111.192, to clarify that individuals licensed under the Act may conduct communication screenings and specify what those screenings can include.
- 3.0.1 Adopted Rules Re:
- 4 Texas Board of Physical Therapy Examiners
- 5 Texas Diabetes Council
- 6 Department of Aging and Disability Services
- 7 Texas Department of Insurance
Department of State Health Services
Proposed Rules Re:
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.47
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §133.101, concerning Inspection and Investigation Procedures; and §133.102, concerning Complaint Against Department of State Health Services Surveyor; new §133.101, concerning Integrity of Inspections and Investigations; §133.102, concerning Inspections; §133.103, concerning Complaint Investigations; §133.104, concerning Notice; §133.105, concerning Professional Conduct; and 133.106, concerning Complaint Against an HHSC Representative; and amendments to §133.47, concerning Abuse and Neglect Issues; and §133.121, concerning Enforcement Action.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (H.B.) 49, 88th Legislature, Regular Session, 2023. H.B. 49 amended Texas Health and Safety Code (HSC) §241.051 to make certain information related to hospital investigations subject to disclosure and create a requirement for HHSC to post certain information related to hospital investigations on the HHSC website.
The proposal is also necessary to update the inspection, complaint investigation, and enforcement procedures for general and special hospitals. These updates are necessary to hold hospitals accountable during the inspection and investigation processes and ensure hospitals provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for hospitals from the Department of State Health Services to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4081) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §133.47, Abuse and Neglect Issues, updates contact information for submitting a complaint, changes “department” to “the Texas Health and Human Services Commission” or “HHSC” to reflect the change of statutory authority from the Department of State Health Services to HHSC. The proposed amendment updates the title of 25 TAC §1.204 and makes other non-substantive updates to increase clarity and consistency with other Health Care Regulation rulesets.
Amending 25 TAC §133.101, §133.102, to repeal the Inspection and Investigation Procedures and the Complaint Against a Department of State Health Services Surveyor because the content of the rule has been added to proposed new §§133.102 – 133.104.
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER F. INSPECTION AND INVESTIGATION PROCEDURES
25 TAC §133.101, §133.102
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §133.101, concerning Inspection and Investigation Procedures; and §133.102, concerning Complaint Against Department of State Health Services Surveyor; new §133.101, concerning Integrity of Inspections and Investigations; §133.102, concerning Inspections; §133.103, concerning Complaint Investigations; §133.104, concerning Notice; §133.105, concerning Professional Conduct; and 133.106, concerning Complaint Against an HHSC Representative; and amendments to §133.47, concerning Abuse and Neglect Issues; and §133.121, concerning Enforcement Action.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (H.B.) 49, 88th Legislature, Regular Session, 2023. H.B. 49 amended Texas Health and Safety Code (HSC) §241.051 to make certain information related to hospital investigations subject to disclosure and create a requirement for HHSC to post certain information related to hospital investigations on the HHSC website.
The proposal is also necessary to update the inspection, complaint investigation, and enforcement procedures for general and special hospitals. These updates are necessary to hold hospitals accountable during the inspection and investigation processes and ensure hospitals provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for hospitals from the Department of State Health Services to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4081) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §133.101, Inspection and Investigation Procedures, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §§133.102 – 133.104.
The proposed repeal of §133.102, Complaint Against a Department of State Health Services Surveyor, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §133.106.
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER F. INSPECTION AND INVESTIGATION PROCEDURES
25 TAC §§133.101 – 133.106
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §133.101, concerning Inspection and Investigation Procedures; and §133.102, concerning Complaint Against Department of State Health Services Surveyor; new §133.101, concerning Integrity of Inspections and Investigations; §133.102, concerning Inspections; §133.103, concerning Complaint Investigations; §133.104, concerning Notice; §133.105, concerning Professional Conduct; and 133.106, concerning Complaint Against an HHSC Representative; and amendments to §133.47, concerning Abuse and Neglect Issues; and §133.121, concerning Enforcement Action.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (H.B.) 49, 88th Legislature, Regular Session, 2023. H.B. 49 amended Texas Health and Safety Code (HSC) §241.051 to make certain information related to hospital investigations subject to disclosure and create a requirement for HHSC to post certain information related to hospital investigations on the HHSC website.
The proposal is also necessary to update the inspection, complaint investigation, and enforcement procedures for general and special hospitals. These updates are necessary to hold hospitals accountable during the inspection and investigation processes and ensure hospitals provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for hospitals from the Department of State Health Services to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4081) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
Proposed new §133.101, Integrity of Inspections and Investigations, places limits on a facility’s authority to record HHSC interviews and internal discussions.
Proposed new §133.102, Inspections, implements HSC §241.051 and makes necessary updates to hospital and special hospital inspection requirements.
Proposed new §133.103, Complaint Investigations, implements HSC §241.051 and makes necessary updates to hospital and special hospital complaint investigation requirements.
Proposed new §133.104, Notice, informs hospitals of the required timeframes regarding responding to a written Statement of Deficiencies by returning a written Plan of Correction, together with any additional evidence of compliance.
Proposed new §133.105, Professional Conduct, informs providers that HHSC reports to the appropriate licensing authorities any issue or complaint relating to the conduct of a licensed professional, intern, or applicant for professional licensure.
Proposed new §133.106, Complaint Against an HHSC Representative, informs a hospital about registering a complaint against an HHSC inspector or investigator.
Amending 25 TAC §133.121, to update the rule’s title for consistency purposes and make necessary corrections and updates to reflect current practices and conform with the statute.
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER G. ENFORCEMENT
25 TAC §133.121
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §133.101, concerning Inspection and Investigation Procedures; and §133.102, concerning Complaint Against Department of State Health Services Surveyor; new §133.101, concerning Integrity of Inspections and Investigations; §133.102, concerning Inspections; §133.103, concerning Complaint Investigations; §133.104, concerning Notice; §133.105, concerning Professional Conduct; and 133.106, concerning Complaint Against an HHSC Representative; and amendments to §133.47, concerning Abuse and Neglect Issues; and §133.121, concerning Enforcement Action.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (H.B.) 49, 88th Legislature, Regular Session, 2023. H.B. 49 amended Texas Health and Safety Code (HSC) §241.051 to make certain information related to hospital investigations subject to disclosure and create a requirement for HHSC to post certain information related to hospital investigations on the HHSC website.
The proposal is also necessary to update the inspection, complaint investigation, and enforcement procedures for general and special hospitals. These updates are necessary to hold hospitals accountable during the inspection and investigation processes and ensure hospitals provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for hospitals from the Department of State Health Services to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4081) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §133.121, Enforcement Action, updates the rule’s title and creates consistency between this ruleset and other HHSC facility types regarding enforcement procedures. The proposed amendment also makes necessary corrections and updates to reflect current practices and conform with statute, including HSC Chapter 327.
Amending 25 TAC §§135.21, 135.24, 135.25, to repeal the Inspections, Enforcement, and Complaints sections because the content of the rule has been added to proposed new §135.62, §135.67, and §135.63.
CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §§135.21, 135.24, 135.25
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §135.21, concerning Inspections; §135.24, concerning Enforcement; and §135.25, concerning Complaints; an amendment to §135.22, concerning Renewal of License; and new §135.61, concerning Integrity of Inspections and Investigations; §135.62, concerning Inspections; §135.63, concerning Complaint Investigations; §135.64, concerning Notice; §135.65, concerning Professional Conduct; §135.66, concerning Complaint Against an HHSC Representative; and §135.67, concerning Enforcement.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the inspection, complaint investigation, and enforcement procedures for ambulatory surgical centers (ASCs). These updates are necessary to hold ASCs accountable during the inspection and investigation processes and ensure ASCs provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for ASCs from the Department of State Health Services (DSHS) to HHSC.
A previous version of these repeals, amendment, and new sections was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4087) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §135.21, Inspections, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §135.62.
The proposed repeal of §135.24, Enforcement, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §135.67.
The proposed repeal of §135.25, Complaints, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §135.63.
CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §135.22
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §135.21, concerning Inspections; §135.24, concerning Enforcement; and §135.25, concerning Complaints; an amendment to §135.22, concerning Renewal of License; and new §135.61, concerning Integrity of Inspections and Investigations; §135.62, concerning Inspections; §135.63, concerning Complaint Investigations; §135.64, concerning Notice; §135.65, concerning Professional Conduct; §135.66, concerning Complaint Against an HHSC Representative; and §135.67, concerning Enforcement.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the inspection, complaint investigation, and enforcement procedures for ambulatory surgical centers (ASCs). These updates are necessary to hold ASCs accountable during the inspection and investigation processes and ensure ASCs provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for ASCs from the Department of State Health Services (DSHS) to HHSC.
A previous version of these repeals, amendment, and new sections was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4087) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §135.22, Renewal of License, makes necessary updates to reflect the transition of regulatory authority from DSHS to HHSC. The proposed amendment also specifies the time frame for an ASC to return the license to HHSC when the ASC cannot provide sufficient evidence that it submitted a renewal application and fee within 30 days prior to the expiration date of the license.
CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER D. INSPECTION, INVESTIGATION, AND ENFORCEMENT PROCEDURES
25 TAC §§135.61 – 135.67
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §135.21, concerning Inspections; §135.24, concerning Enforcement; and §135.25, concerning Complaints; an amendment to §135.22, concerning Renewal of License; and new §135.61, concerning Integrity of Inspections and Investigations; §135.62, concerning Inspections; §135.63, concerning Complaint Investigations; §135.64, concerning Notice; §135.65, concerning Professional Conduct; §135.66, concerning Complaint Against an HHSC Representative; and §135.67, concerning Enforcement.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the inspection, complaint investigation, and enforcement procedures for ambulatory surgical centers (ASCs). These updates are necessary to hold ASCs accountable during the inspection and investigation processes and ensure ASCs provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets, correct outdated language and contact information, and reflect the transition of regulatory authority for ASCs from the Department of State Health Services (DSHS) to HHSC.
A previous version of these repeals, amendment, and new sections was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4087) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
Proposed new §135.61, Integrity of Inspections and Investigations, places limits on an ASC’s authority to record HHSC interviews and internal discussions.
Proposed new §135.62, Inspections, makes necessary updates to ASC inspection requirements.
Proposed new §135.63, Complaint Investigations, makes necessary updates to ASC complaint investigation requirements.
Proposed new §135.64, Notice, informs an ASC of the required timeframes for responding to a written Statement of Deficiencies by returning a written Plan of Correction, together with any additional evidence of compliance.
Proposed new §135.65, Professional Conduct, informs providers that HHSC reports to the appropriate licensing authorities any issue or complaint relating to the conduct of a licensed professional, intern, or applicant for professional licensure.
Proposed new §135.66, Complaint Against an HHSC Representative, informs an ASC about registering a complaint against an HHSC inspector or investigator.
Proposed new §135.67, Enforcement, creates consistency between this ruleset for ASCs and other HHSC facility types regarding enforcement procedures and makes necessary corrections and updates to reflect current practices and conform with statute.
Withdrawn Rules Re:
Withdrawing 25 TAC §157.2, to incorporate terminology and definitions for RACs, emergency medical systems, trauma facilities, and stroke facilities.
CHAPTER 157. EMERGENCY MEDICAL CARE
SUBCHAPTER A. EMERGENCY MEDICAL SERVICES – PART A
25 TAC §157.2
OVERVIEW
The Department of State Health Services withdraws proposed amendments to 25 TAC §157.2 which appeared in the January 19, 2024, issue of the Texas Register (49 TexReg 199).
Withdrawing 25 TAC §§157.123, 157.125, 157.130, 157.131, to allow for new rules, which integrate legislative requirements and the use of telemedicine for facilities that are in a county of less than 30,000 people.
CHAPTER 157. EMERGENCY MEDICAL CARE
SUBCHAPTER G. EMERGENCY MEDICAL SERVICES TRAUMA SYSTEMS
25 TAC §§157.123, 157.125, 157.130, 157.131
OVERVIEW
The Department of State Health Services withdraws the proposed repeal of 25 TAC §§157.123, 157.125, 157.130, and 157.131, which appeared in the January 19, 2024, issue of the Texas Register (49 TexReg 199).
Withdrawing 25 TAC §§157.123, 157.125, 157.128, 157.130, to describe and RAC and to define the requirements a hospital must meet to achieve trauma facility designation.
CHAPTER 157. EMERGENCY MEDICAL CARE
SUBCHAPTER G. EMERGENCY MEDICAL SERVICES TRAUMA SYSTEMS
25 TAC §§157.123, 157.125, 157.128, 157.130
OVERVIEW
The Department of State Health Services withdraws proposed new and amended 25 TAC §§157.123, 157.125, 157.128, and 157.130, which appeared in the January 19, 2024, issue of the Texas Register (49 TexReg 199).
Adopted Rules Re:
Adopting 25 TAC §§229.370 – 229.374, to update definitions, citations, and clarify rule language.
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER U. PERMITTING RETAIL FOOD ESTABLISHMENTS
25 TAC §§229.370 – 229.374
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to Subchapter U, §§229.370 – 229.374, relating to Permitting Retail Food Establishments; and amendments to Subchapter Z, §§229.470 – 229.474, relating to Inspection Fees for Retail Food Establishments.
The amendments to §§229.371, 229.372, and 229.471 are adopted with changes to the proposed text as published in the January 19, 2024, issue of the Texas Register (49 TexReg 227). These rules will be republished. The amendments to §§229.370, 229.373, 229.374, 229.470, and §§229.472 – 229.474 are adopted without changes to the proposed text as published in the January 19, 2024, issue of the Texas Register (49 TexReg 227). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments update definitions, citations, and clarify rule language in 25 TAC Chapter 229, Subchapters U and Z due to the 2021 adoption-by-reference of the 2017 U.S. Food and Drug Administration Food Code in 25 TAC Chapter 228, Retail Food Establishments.
Amendments to the Retail Foods-related portions of 25 TAC Chapter 229 update rule language to reflect the current practices and needs of the Retail Foods Program. The amendments also remove references to “child care center” in §§229.371, 229.372, and 229.471 since permitting and inspections of food service operations of child care centers transferred from the DSHS Retail Food Safety program to HHSC Regulatory Services Division. The minimum standards for child care centers are in 26 TAC Chapter 746 and the minimum standards for food preparation and food service are in §746.3317.
Adopting 25 TAC §§229.470 – 229.474, to update definitions, citations, and clarify rule language.
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER Z. INSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS
25 TAC §§229.470 – 229.474
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to Subchapter U, §§229.370 – 229.374, relating to Permitting Retail Food Establishments; and amendments to Subchapter Z, §§229.470 – 229.474, relating to Inspection Fees for Retail Food Establishments.
The amendments to §§229.371, 229.372, and 229.471 are adopted with changes to the proposed text as published in the January 19, 2024, issue of the Texas Register (49 TexReg 227). These rules will be republished. The amendments to §§229.370, 229.373, 229.374, 229.470, and §§229.472 – 229.474 are adopted without changes to the proposed text as published in the January 19, 2024, issue of the Texas Register (49 TexReg 227). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments update definitions, citations, and clarify rule language in 25 TAC Chapter 229, Subchapters U and Z due to the 2021 adoption-by-reference of the 2017 U.S. Food and Drug Administration Food Code in 25 TAC Chapter 228, Retail Food Establishments.
Amendments to the Retail Foods-related portions of 25 TAC Chapter 229 update rule language to reflect the current practices and needs of the Retail Foods Program. The amendments also remove references to “child care center” in §§229.371, 229.372, and 229.471 since permitting and inspections of food service operations of child care centers transferred from the DSHS Retail Food Safety program to HHSC Regulatory Services Division. The minimum standards for child care centers are in 26 TAC Chapter 746 and the minimum standards for food preparation and food service are in §746.3317.
Adopted Rules Review Re:
Adopting the review of Title 25, Part 1, concerning Emergency Preparedness.
The Texas Health and Human Services Commission (HHSC), in its own capacity and on behalf of 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 2, Emergency Preparedness
Notice of the review of this chapter was published in the February 16, 2024, issue of the Texas Register (49 TexReg 881). HHSC received no comments concerning this chapter.
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 26 TAC §506.61, §506.62, to repeal Inspection and Investigation Procedures, and Complaint Against a Texas Department of Health Representative, because the rule has been added to proposed new §§506.62 – 506.64 and §506.66.
CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER E. INSPECTIONS AND INVESTIGATIONS
26 TAC §506.61, §506.62
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §506.61, concerning Inspection and Investigation Procedures; and §506.62, concerning Complaint Against a Texas Department of Health Representative; new §§506.61, concerning Integrity of Inspections and Investigations; 506.62, concerning Inspections; 506.63, concerning Complaint Investigations; 506.64, concerning Notice; 506.65, concerning Professional Conduct; and 506.66, concerning Complaint Against an HHSC Representative; and amendments to §506.71, concerning License Denial, Suspension, Revocation and Probation; and §506.73, concerning Administrative Penalties.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the inspection, complaint investigation, and enforcement procedures for special care facilities. These updates are necessary to hold facilities accountable during the inspection and investigation processes and ensure facilities provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets and correct outdated language and contact information, and reflect the transition of regulatory authority for special care facilities from the Department of State Health Services (DSHS) to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4093) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §506.61, Inspection and Investigation Procedures, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §§506.62 – 506.64.
The proposed repeal of §506.62, Complaint Against a Texas Department of Health Representative, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §506.66.
CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER E. INSPECTIONS AND INVESTIGATIONS
26 TAC §§506.61 – 506.66
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §506.61, concerning Inspection and Investigation Procedures; and §506.62, concerning Complaint Against a Texas Department of Health Representative; new §§506.61, concerning Integrity of Inspections and Investigations; 506.62, concerning Inspections; 506.63, concerning Complaint Investigations; 506.64, concerning Notice; 506.65, concerning Professional Conduct; and 506.66, concerning Complaint Against an HHSC Representative; and amendments to §506.71, concerning License Denial, Suspension, Revocation and Probation; and §506.73, concerning Administrative Penalties.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the inspection, complaint investigation, and enforcement procedures for special care facilities. These updates are necessary to hold facilities accountable during the inspection and investigation processes and ensure facilities provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets and correct outdated language and contact information, and reflect the transition of regulatory authority for special care facilities from the Department of State Health Services (DSHS) to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4093) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
Proposed new §506.61, Integrity of Inspections and Investigations, places limits on a facility’s authority to record HHSC interviews and internal discussions.
Proposed new §506.62, Inspections, makes necessary updates to special care facility inspection requirements.
Proposed new §506.63, Complaint Investigations, makes necessary updates to special care facility complaint investigation requirements.
Proposed new §506.64, Notice, informs a facility of the required timeframes for responding to a written Statement of Deficiencies by returning a written Plan of Correction, together with any additional evidence of compliance.
Proposed new §506.65, Professional Conduct, informs providers that HHSC reports to the appropriate licensing authorities any issue or complaint relating to the conduct of a licensed professional, intern, or applicant for professional licensure.
Proposed new §506.66, Complaint Against an HHSC Representative, informs a facility about registering a complaint against an HHSC inspector or investigator.
Amending 26 TAC §506.71, §506.73, to create consistency between the ruleset for a special care facility and other HHSC facility types, as well as reflecting the transition of responsibility for special care facilities from DSHS to HHSC.
CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER F. ENFORCEMENT
26 TAC §506.71, §506.73
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §506.61, concerning Inspection and Investigation Procedures; and §506.62, concerning Complaint Against a Texas Department of Health Representative; new §§506.61, concerning Integrity of Inspections and Investigations; 506.62, concerning Inspections; 506.63, concerning Complaint Investigations; 506.64, concerning Notice; 506.65, concerning Professional Conduct; and 506.66, concerning Complaint Against an HHSC Representative; and amendments to §506.71, concerning License Denial, Suspension, Revocation and Probation; and §506.73, concerning Administrative Penalties.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the inspection, complaint investigation, and enforcement procedures for special care facilities. These updates are necessary to hold facilities accountable during the inspection and investigation processes and ensure facilities provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets and correct outdated language and contact information, and reflect the transition of regulatory authority for special care facilities from the Department of State Health Services (DSHS) to HHSC.
A previous version of these repeals, new sections, and amendments was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4093) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §506.71, License Denial, Suspension, Revocation and Probation, creates consistency between this ruleset for a special care facility and other HHSC facility types regarding enforcement procedures and makes necessary corrections and updates to this section to reflect current practices and conform with statute.
The proposed amendment to §506.73, Administrative Penalties, makes necessary updates to reflect the transition of responsibility for special care facilities from DSHS to HHSC.
Amending 26 TAC §510.1, §510.2, to update the statutory reference for the rules and add definitions to increase consistency across the rule sets for licensed health care facilities.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §510.1, §510.2
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §510.1, concerning Purpose; §510.2, concerning Definitions; §510.21, concerning General; §510.22, concerning Application and Issuance of Initial License; §510.23, concerning Application and Issuance of Renewal License; §510.24, concerning Change of Ownership; §510.25, concerning Time Periods for Processing and Issuing Licenses; §510.26, concerning Fees; §510.41, concerning Facility Functions and Services; §510.42, concerning Discrimination or Retaliation Standards; §510.43, concerning Patient Transfer Policy; §510.46, concerning Abuse and Neglect Issues; §510.61, concerning Patient Transfer Agreements; §510.62, concerning Cooperative Agreements; §510.101, concerning Fire Prevention and Protection; §510.121, concerning Requirements for Buildings in which Existing Licensed Facilities are Located; §510.122, concerning New Construction Requirements; §510.123, concerning Spatial Requirements for New Construction; §510.125, concerning Building with Multiple Occupancies; §510.127, concerning Preparation, Submittal, Review and Approval of Plans; §510.128, concerning Construction, Surveys, and Approval of Project; §510.129, concerning Waiver Requests, and §510.131, concerning Tables.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to correct cross-references throughout 26 TAC Chapter 510 after the rules were administratively transferred from 25 TAC Chapter 134 to 26 TAC Chapter 510. These proposed non-substantive amendments will maintain accurate references to 25 TAC and 26 TAC. The proposed amendments also correct outdated citations and references to programs that no longer exist; update language to reflect current HHSC organization; and increase consistency with statute, HHSC rules, and HHSC rulemaking guidelines.
A previous version of these amended rules was proposed in the July 9, 2021, issue of the Texas Register (46 TexReg 4099) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous public comment period. The public will have another 31-day period to comment on this version of these proposed amended rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §510.1, Purpose, updates the statutory reference for the rules and replaces the term “Department of Health” with “HHSC” to reflect the transition of regulatory authority to HHSC. The proposed amendment also replaces the term “mental hospitals” with “psychiatric hospitals.”
The proposed amendment to §510.2, Definitions, adds definitions for “HHSC” and “plan of correction” to increase consistency across the rule sets for licensed health care facilities.
The definitions for “action plan,” “applicant,” “community center,” “contaminated linen,” “crisis stabilization unit,” “dentist,” “dietitian,” “emergency medical condition,” “fast-track projects,” “governing body,” “inpatient services,” “licensed vocational nurse,” “mental illness,” “mobile unit,” “owner,” “pharmacist,” “physician,” “podiatrist,” “premises,” “registered nurse,” “transfer,” “universal precautions,” and “violation” are updated to ensure clarity, update outdated language and punctuation, ensure consistency with statute and across rule sets for licensed health care facilities, and reflect updated entity names.
The definitions for “board,” “department,” “director,” “division,” “learning disability,” and “mental retardation” are deleted as they refer to defunct entities, inactive programs, or outdated terms no longer used in the chapter.
The proposed amendment deletes the definition for “legally reproduced form” from this section and provides the definition for the term in §510.41(g)(6) and deletes the definition for “oral surgeon” and provides the definition for the term in §510.41(a)(1)(C). The terms only appear in these sections.
The proposed amendment also removes definitions for “medical error,” “reportable event,” and “root cause analysis” related to the patient safety program, which was created by House Bill (H.B.) 1614, 78th Legislature, Regular Session, 2003, and expired in 2007. The proposed amendment also makes other non-substantive edits in this section to improve clarity and ensure consistency with HHSC rulemaking guidelines, including renumbering the section for the deletion and addition of paragraphs.
Amending 26 TAC §§510.21 – 510.26, to update rule references to reflect the rule transfer from 25 TAC to 26 TAC, update rule language to ensure consistency with the statute, and make other non-substantive edits to improve clarity.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER B. APPLICATION AND ISSUANCE OF A LICENSE
26 TAC §§510.21 – 510.26
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §510.1, concerning Purpose; §510.2, concerning Definitions; §510.21, concerning General; §510.22, concerning Application and Issuance of Initial License; §510.23, concerning Application and Issuance of Renewal License; §510.24, concerning Change of Ownership; §510.25, concerning Time Periods for Processing and Issuing Licenses; §510.26, concerning Fees; §510.41, concerning Facility Functions and Services; §510.42, concerning Discrimination or Retaliation Standards; §510.43, concerning Patient Transfer Policy; §510.46, concerning Abuse and Neglect Issues; §510.61, concerning Patient Transfer Agreements; §510.62, concerning Cooperative Agreements; §510.101, concerning Fire Prevention and Protection; §510.121, concerning Requirements for Buildings in which Existing Licensed Facilities are Located; §510.122, concerning New Construction Requirements; §510.123, concerning Spatial Requirements for New Construction; §510.125, concerning Building with Multiple Occupancies; §510.127, concerning Preparation, Submittal, Review and Approval of Plans; §510.128, concerning Construction, Surveys, and Approval of Project; §510.129, concerning Waiver Requests, and §510.131, concerning Tables.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to correct cross-references throughout 26 TAC Chapter 510 after the rules were administratively transferred from 25 TAC Chapter 134 to 26 TAC Chapter 510. These proposed non-substantive amendments will maintain accurate references to 25 TAC and 26 TAC. The proposed amendments also correct outdated citations and references to programs that no longer exist; update language to reflect current HHSC organization; and increase consistency with statute, HHSC rules, and HHSC rulemaking guidelines.
A previous version of these amended rules was proposed in the July 9, 2021, issue of the Texas Register (46 TexReg 4099) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous public comment period. The public will have another 31-day period to comment on this version of these proposed amended rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §510.21, General, updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” updates rule language to ensure consistency with statute, and make other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.22, Application and Issuance of Initial License, updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” and make other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines. The proposed amendment also updates §510.22(d)(2)(A) regarding “expiration date” by removing outdated language for initial licenses issued prior to 2005 because these licenses have expired, and the language is no longer needed to distinguish between licenses issued prior to 2005. The reference to §510.87, located in §510.22(f), refers to rules proposed elsewhere in this issue of the Texas Register. The proposed amendment also updates or clarifies the term “survey” to refer either to a “field survey” or “inspection,” as applicable, to ensure consistency with current HHSC terminology and statutory language and replaces “pre-survey conference” with “pre-licensure conference” to reflect current HHSC terminology.
The proposed amendment to §510.23, Application and Issuance of Renewal License, replaces the term “department” with “HHSC” and updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC. The proposed amendment updates the annual fire safety inspection report requirements language to provide additional clarity, updates a reference to the Joint Commission to accurately refer to its current name, and removes language in §510.23(b)(1) related to the patient safety program. The reference to §510.82, located in §510.23(b)(2), refers to rules proposed elsewhere in this issue of the Texas Register. The proposed amendment also updates §510.23(b)(3)-(5) by removing outdated language for renewal licenses issued prior to 2005 because these licenses have expired, and the language is no longer needed to distinguish between licenses issued prior to 2005. The proposed amendment also updates the term “survey” to “inspection” to ensure consistency with current HHSC terminology and statutory language.
The proposed amendment to §510.24, Change of Ownership, replaces the term “department” with “HHSC”, updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, and makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines. The proposed amendment also updates or clarifies the term “survey” to refer either to a “field survey” or “inspection,” as applicable, to ensure consistency with current HHSC terminology and statutory language.
The proposed amendment to §510.25, Time Periods for Processing and Issuing Licenses, replaces the term “division” with “HHSC,” updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, and makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.26, Fees, replaces the term “department” with “HHSC,” updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, and clarifies the term “survey” under §510.26(a)(1) and §510.26(d) is a “field survey” to ensure consistency with current HHSC terminology and statutory language. The proposed amendment also updates the licensure period from 12 to 24 months in §510.26(b)(1) to align with the 24-month licensure period indicated in §510.22 and §510.23, and updates licensure fees accordingly. The proposed amendment also makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
Amending 26 TAC §§510.41, – 510.43, 510.46, to update rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, update rule language to ensure consistency with the statute, and makes other non-substantive edits to improve clarity.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §§510.41, – 510.43, 510.46
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §510.1, concerning Purpose; §510.2, concerning Definitions; §510.21, concerning General; §510.22, concerning Application and Issuance of Initial License; §510.23, concerning Application and Issuance of Renewal License; §510.24, concerning Change of Ownership; §510.25, concerning Time Periods for Processing and Issuing Licenses; §510.26, concerning Fees; §510.41, concerning Facility Functions and Services; §510.42, concerning Discrimination or Retaliation Standards; §510.43, concerning Patient Transfer Policy; §510.46, concerning Abuse and Neglect Issues; §510.61, concerning Patient Transfer Agreements; §510.62, concerning Cooperative Agreements; §510.101, concerning Fire Prevention and Protection; §510.121, concerning Requirements for Buildings in which Existing Licensed Facilities are Located; §510.122, concerning New Construction Requirements; §510.123, concerning Spatial Requirements for New Construction; §510.125, concerning Building with Multiple Occupancies; §510.127, concerning Preparation, Submittal, Review and Approval of Plans; §510.128, concerning Construction, Surveys, and Approval of Project; §510.129, concerning Waiver Requests, and §510.131, concerning Tables.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to correct cross-references throughout 26 TAC Chapter 510 after the rules were administratively transferred from 25 TAC Chapter 134 to 26 TAC Chapter 510. These proposed non-substantive amendments will maintain accurate references to 25 TAC and 26 TAC. The proposed amendments also correct outdated citations and references to programs that no longer exist; update language to reflect current HHSC organization; and increase consistency with statute, HHSC rules, and HHSC rulemaking guidelines.
A previous version of these amended rules was proposed in the July 9, 2021, issue of the Texas Register (46 TexReg 4099) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous public comment period. The public will have another 31-day period to comment on this version of these proposed amended rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §510.41, Facility Functions and Services, updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC; updates references to the Code of Federal Regulations (CFR) to accurately reflect the titles of the references to various parts of 42 CFR; and replaces the term “department” with “HHSC”. The proposed amendment also adds clarity by indicating the licensing entity for oral surgeons and describes the types of legally reproduced medical records. The proposed amendment also makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.42, Discrimination or Retaliation Standards, makes non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.43, Patient Transfer Policy, updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” removes a reference to a defunct agency, and makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.46, Abuse and Neglect Issues, replaces the term “department” with “HHSC,” updates rule references to reflect the rule chapter transfer from 25 TAC to 26 TAC, and makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines. The proposed amendment to §510.46(c)(2) updates the abuse and neglect, or illegal, unethical or unprofessional conduct posting requirements to require the posting include HHSC’s current toll-free telephone number for submitting complaints. The proposed amendment also removes outdated information in §510.46(g)(2) requiring HHSC to refer certain complaints to the Texas Department of Mental Health and Mental Retardation because that agency no longer exists and HHSC is responsible for carrying out its duties. The reference to §510.83, located in §510.46(d)(2), refers to rules proposed elsewhere in this issue of the Texas Register.
Amending 26 TAC §510.61, §510.62, to update rule references to reflect the rules transfer from 25 TAC to 26 TAC, update rule language to ensure consistency with the statute, make other non-substantive edits to improve clarity, and revise the title of Subchapter F to “Fire Prevention and Protection.”
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER D. VOLUNTARY AGREEMENTS
26 TAC §510.61, §510.62
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §510.1, concerning Purpose; §510.2, concerning Definitions; §510.21, concerning General; §510.22, concerning Application and Issuance of Initial License; §510.23, concerning Application and Issuance of Renewal License; §510.24, concerning Change of Ownership; §510.25, concerning Time Periods for Processing and Issuing Licenses; §510.26, concerning Fees; §510.41, concerning Facility Functions and Services; §510.42, concerning Discrimination or Retaliation Standards; §510.43, concerning Patient Transfer Policy; §510.46, concerning Abuse and Neglect Issues; §510.61, concerning Patient Transfer Agreements; §510.62, concerning Cooperative Agreements; §510.101, concerning Fire Prevention and Protection; §510.121, concerning Requirements for Buildings in which Existing Licensed Facilities are Located; §510.122, concerning New Construction Requirements; §510.123, concerning Spatial Requirements for New Construction; §510.125, concerning Building with Multiple Occupancies; §510.127, concerning Preparation, Submittal, Review and Approval of Plans; §510.128, concerning Construction, Surveys, and Approval of Project; §510.129, concerning Waiver Requests, and §510.131, concerning Tables.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to correct cross-references throughout 26 TAC Chapter 510 after the rules were administratively transferred from 25 TAC Chapter 134 to 26 TAC Chapter 510. These proposed non-substantive amendments will maintain accurate references to 25 TAC and 26 TAC. The proposed amendments also correct outdated citations and references to programs that no longer exist; update language to reflect current HHSC organization; and increase consistency with statute, HHSC rules, and HHSC rulemaking guidelines.
A previous version of these amended rules was proposed in the July 9, 2021, issue of the Texas Register (46 TexReg 4099) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous public comment period. The public will have another 31-day period to comment on this version of these proposed amended rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §510.61, Patient Transfer Agreements, updates rule references to reflect the rules transfer from 25 TAC to 26 TAC and makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.62, Cooperative Agreements, updates a rule reference to reflect the rules transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” replaces the term “mental hospital” with “psychiatric hospital,” and makes other non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment revises the title of Subchapter F to “Fire Prevention and Protection.”
Amending 26 TAC §510.101, to update outdated information, correct typographical errors, and update rule references to reflect the rules transfer from 25 TAC to 26 TAC.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER F. FIRE PREVENTION AND SAFETY REQUIREMENTS
26 TAC §510.101
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §510.1, concerning Purpose; §510.2, concerning Definitions; §510.21, concerning General; §510.22, concerning Application and Issuance of Initial License; §510.23, concerning Application and Issuance of Renewal License; §510.24, concerning Change of Ownership; §510.25, concerning Time Periods for Processing and Issuing Licenses; §510.26, concerning Fees; §510.41, concerning Facility Functions and Services; §510.42, concerning Discrimination or Retaliation Standards; §510.43, concerning Patient Transfer Policy; §510.46, concerning Abuse and Neglect Issues; §510.61, concerning Patient Transfer Agreements; §510.62, concerning Cooperative Agreements; §510.101, concerning Fire Prevention and Protection; §510.121, concerning Requirements for Buildings in which Existing Licensed Facilities are Located; §510.122, concerning New Construction Requirements; §510.123, concerning Spatial Requirements for New Construction; §510.125, concerning Building with Multiple Occupancies; §510.127, concerning Preparation, Submittal, Review and Approval of Plans; §510.128, concerning Construction, Surveys, and Approval of Project; §510.129, concerning Waiver Requests, and §510.131, concerning Tables.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to correct cross-references throughout 26 TAC Chapter 510 after the rules were administratively transferred from 25 TAC Chapter 134 to 26 TAC Chapter 510. These proposed non-substantive amendments will maintain accurate references to 25 TAC and 26 TAC. The proposed amendments also correct outdated citations and references to programs that no longer exist; update language to reflect current HHSC organization; and increase consistency with statute, HHSC rules, and HHSC rulemaking guidelines.
A previous version of these amended rules was proposed in the July 9, 2021, issue of the Texas Register (46 TexReg 4099) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous public comment period. The public will have another 31-day period to comment on this version of these proposed amended rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §510.101, Fire Prevention and Protection, updates outdated information, corrects a typographical error, and updates rule references to reflect the rules transfer from 25 TAC to 26 TAC. Other non-substantive edits are made to improve clarity and ensure consistency with HHSC rulemaking guidelines.
Amending 26 TAC §§510.121 – 510.123, 510.125, 510.127 – 510.129, 510.131, to replace terms, update outdated information, update rule references to reflect the rules transfer from 25 TAC to 26 TAC, update figure titles, and make non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER G. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS
26 TAC §§510.121 – 510.123, 510.125, 510.127 – 510.129, 510.131
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §510.1, concerning Purpose; §510.2, concerning Definitions; §510.21, concerning General; §510.22, concerning Application and Issuance of Initial License; §510.23, concerning Application and Issuance of Renewal License; §510.24, concerning Change of Ownership; §510.25, concerning Time Periods for Processing and Issuing Licenses; §510.26, concerning Fees; §510.41, concerning Facility Functions and Services; §510.42, concerning Discrimination or Retaliation Standards; §510.43, concerning Patient Transfer Policy; §510.46, concerning Abuse and Neglect Issues; §510.61, concerning Patient Transfer Agreements; §510.62, concerning Cooperative Agreements; §510.101, concerning Fire Prevention and Protection; §510.121, concerning Requirements for Buildings in which Existing Licensed Facilities are Located; §510.122, concerning New Construction Requirements; §510.123, concerning Spatial Requirements for New Construction; §510.125, concerning Building with Multiple Occupancies; §510.127, concerning Preparation, Submittal, Review and Approval of Plans; §510.128, concerning Construction, Surveys, and Approval of Project; §510.129, concerning Waiver Requests, and §510.131, concerning Tables.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to correct cross-references throughout 26 TAC Chapter 510 after the rules were administratively transferred from 25 TAC Chapter 134 to 26 TAC Chapter 510. These proposed non-substantive amendments will maintain accurate references to 25 TAC and 26 TAC. The proposed amendments also correct outdated citations and references to programs that no longer exist; update language to reflect current HHSC organization; and increase consistency with statute, HHSC rules, and HHSC rulemaking guidelines.
A previous version of these amended rules was proposed in the July 9, 2021, issue of the Texas Register (46 TexReg 4099) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous public comment period. The public will have another 31-day period to comment on this version of these proposed amended rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §510.121, Requirements for Buildings in which Existing Licensed Facilities are Located, replaces the term “department” with “HHSC,” removes outdated information, and updates rule references to reflect the rules transfer from 25 TAC to 26 TAC. Other non-substantive edits are made to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.122, New Construction Requirements, makes non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines, removes outdated information, replaces the term “department” with “HHSC,” and updates rule references to reflect the rules transfer from 25 TAC to 26 TAC.
The proposed amendment to §510.123, Spatial Requirements for New Construction, updates outdated information, updates rule references to reflect the rules transfer from 25 TAC to 26 TAC, and makes non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.125, Building with Multiple Occupancies, removes outdated information, updates rule references to reflect the rules transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” and makes non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.127, Preparation, Submittal, Review and Approval of Plans, replaces the term “department” with “HHSC,” updates rule references to reflect the rules transfer from 25 TAC to 26 TAC, removes outdated information, and updates a reference to the Texas Board of Professional Engineers to correctly refer to the board’s current name. Other non-substantive edits are made to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.128, concerning Construction, Surveys, and Approval of Project, updates rule references to reflect the rules transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” removes outdated information, and makes non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.129, Waiver Requests, removes outdated information, updates rule references to reflect the rules transfer from 25 TAC to 26 TAC, replaces the term “department” with “HHSC,” and makes non-substantive edits to improve clarity and ensure consistency with HHSC rulemaking guidelines.
The proposed amendment to §510.131, Tables, updates the figure titles to reflect the rules transfer from 25 TAC to 26 TAC.
Amending 26 TAC §§510.81 – 510.83, to repeal the Survey and Investigation Procedures, Complaint Against a Texas Department of Health Representative, and Enforcement rules because the content of the rules have been added to proposed new §§510.82 – 510.84, §510.86, and §510.87.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER E. ENFORCEMENT
26 TAC §§510.81 – 510.83
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§510.81, concerning Survey and Investigation Procedures; 510.82, concerning Complaint Against a Texas Department of Health Representative; and 510.83, concerning Enforcement; and new §§510.81, concerning Integrity of Inspections and Investigations; 510.82, concerning Inspections; 510.83, concerning Complaint Investigations; 510.84, concerning Notice; 510.85, concerning Professional Conduct; 510.86, concerning Complaint Against an HHSC Representative; and 510.87, concerning Enforcement.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (H.B.) 49, 88th Legislature, Regular Session, 2023. H.B. 49 amended Texas Health and Safety Code (HSC) §577.013 to make certain information related to facility investigations subject to disclosure and create a requirement for HHSC to post certain information related to hospital investigations on the HHSC website.
The proposal is also necessary to update the inspection, complaint investigation, and enforcement procedures for private psychiatric hospitals and crisis stabilization units (PPHCSUs). These updates are necessary to hold PPHCSUs accountable during the inspection and investigation processes and ensure PPHCSUs provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets and correct outdated language and contact information, and reflect the transition of regulatory authority for PPHCSUs from the Department of State Health Services to HHSC.
A previous version of these repeals and new sections was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4122) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §510.81, Survey and Investigation Procedures, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §§510.82 – 510.84.
The proposed repeal of §510.82, Complaint Against a Texas Department of Health Representative, deletes the rule as it is no longer necessary. The content of the rule has been added to proposed new §510.86.
The proposed repeal of §510.83, Enforcement, deletes the rule as it is as no longer necessary. The content of the rule has been added to proposed new §510.87.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER E. ENFORCEMENT
26 TAC §§510.81 – 510.87
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§510.81, concerning Survey and Investigation Procedures; 510.82, concerning Complaint Against a Texas Department of Health Representative; and 510.83, concerning Enforcement; and new §§510.81, concerning Integrity of Inspections and Investigations; 510.82, concerning Inspections; 510.83, concerning Complaint Investigations; 510.84, concerning Notice; 510.85, concerning Professional Conduct; 510.86, concerning Complaint Against an HHSC Representative; and 510.87, concerning Enforcement.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (H.B.) 49, 88th Legislature, Regular Session, 2023. H.B. 49 amended Texas Health and Safety Code (HSC) §577.013 to make certain information related to facility investigations subject to disclosure and create a requirement for HHSC to post certain information related to hospital investigations on the HHSC website.
The proposal is also necessary to update the inspection, complaint investigation, and enforcement procedures for private psychiatric hospitals and crisis stabilization units (PPHCSUs). These updates are necessary to hold PPHCSUs accountable during the inspection and investigation processes and ensure PPHCSUs provide necessary documentation in a timely manner to HHSC representatives. The proposal revises enforcement procedures to ensure accuracy with current practices and conform to statute. These updates also ensure consistent practices across HHSC Health Care Regulation rulesets and correct outdated language and contact information, and reflect the transition of regulatory authority for PPHCSUs from the Department of State Health Services to HHSC.
A previous version of these repeals and new sections was proposed by HHSC in the July 9, 2021, issue of the Texas Register (46 TexReg 4122) and expired without being adopted. This version of the proposal considers comments HHSC received during the previous informal and public comment periods.
SECTION-BY-SECTION SUMMARY
Proposed new §510.81, Integrity of Inspections and Investigations, places limits on a facility’s authority to record HHSC interviews and internal discussions.
Proposed new §510.82, Inspections, implements HSC §577.013 and makes necessary updates to PPHCSU inspection requirements.
Proposed new §510.83, Complaint Investigations, implements HSC §577.013 and makes necessary updates to PPHCSU complaint investigation requirements.
Proposed new §510.84, Notice, informs facilities of the required timeframes regarding responding to a written Statement of Deficiencies by returning a written Plan of Correction, together with any additional evidence of compliance.
Proposed new §510.85, Professional Conduct, informs providers that HHSC reports to the appropriate licensing authorities any issue or complaint relating to the conduct of a licensed professional, intern, or applicant for professional licensure.
Proposed new §510.86, Complaint Against an HHSC Representative, informs a facility about registering a complaint against an HHSC inspector or investigator.
Proposed new §510.87, Enforcement, creates consistency between this ruleset for PPHCSUs and other HHSC facility types regarding enforcement procedures and makes necessary corrections and updates to this section to reflect current practices and conform with statute.
Adopted Rules Re:
Adopting 1 TAC §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17, to provide updates on the eligibility requirements in the HTW program and replace references and language which is outdated.
CHAPTER 382. WOMEN’S HEALTH SERVICES
SUBCHAPTER A. HEALTHY TEXAS WOMEN
1 TAC §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §382.1, concerning Introduction; §382.5, concerning Definitions; §382.7, concerning Client Eligibility; §382.9, concerning Application and Renewal Procedures; §382.15, concerning Covered and Non-covered Services; §382.17, concerning Health-Care Providers; §382.101, concerning Introduction; §382.105, concerning Definitions; §382.107, concerning Client Eligibility; §382.109, concerning Financial Eligibility Requirements; §382.113, concerning Covered and Non-covered Services; §382.115, concerning Family Planning Program Providers; §382.119, concerning Reimbursement; §382.121, concerning Provider’s Request for Review of Claim Denial; §382.123, concerning Record Retention; §382.125, concerning Confidentiality and Consent; and §382.127, concerning FPP Services for Minors; and adopts the repeal of §382.3, concerning Non-entitlement and Availability; and §382.11, concerning Financial Eligibility Requirements.
The amendments to §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17, 382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, and 382.127; and the repeal of §382.3 and §382.11 are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1360). Therefore, the rules will not be republished.
BACKGROUND AND JUSTIFICATION
The primary purpose of the adopted rules is to update eligibility and other Medicaid requirements in the Healthy Texas Women (HTW) program to describe the agency’s compliance with the HTW Section 1115 Demonstration that was approved by the Centers for Medicare and Medicaid Services on January 22, 2020, and transitioned the majority of the program into Medicaid. For eligible minors, the HTW program remains fully funded by state general revenue.
Another purpose of the adopted rules is to comply with Texas Health and Safety Code §32.102, added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019, which requires HHSC to provide enhanced postpartum care services, called HTW Plus, to eligible clients. HHSC made HTW Plus available to eligible clients enrolled in the HTW program beginning September 1, 2020.
Another purpose of the adopted rules is to comply with Texas Health and Safety Code §31.018, also added by S.B. 750, to include a requirement for women in HTW to receive referrals to the Primary Health Care Services Program.
Another purpose of the adopted rules is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP.
Other non-substantive clarifying changes were made throughout the rules.
Adopting 1 TAC §382.3, §382.11, to remove the non-entitlement and availability rule and the financial eligibility requirements.
CHAPTER 382. WOMEN’S HEALTH SERVICES
1 TAC §382.3, §382.11
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §382.1, concerning Introduction; §382.5, concerning Definitions; §382.7, concerning Client Eligibility; §382.9, concerning Application and Renewal Procedures; §382.15, concerning Covered and Non-covered Services; §382.17, concerning Health-Care Providers; §382.101, concerning Introduction; §382.105, concerning Definitions; §382.107, concerning Client Eligibility; §382.109, concerning Financial Eligibility Requirements; §382.113, concerning Covered and Non-covered Services; §382.115, concerning Family Planning Program Providers; §382.119, concerning Reimbursement; §382.121, concerning Provider’s Request for Review of Claim Denial; §382.123, concerning Record Retention; §382.125, concerning Confidentiality and Consent; and §382.127, concerning FPP Services for Minors; and adopts the repeal of §382.3, concerning Non-entitlement and Availability; and §382.11, concerning Financial Eligibility Requirements.
The amendments to §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17, 382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, and 382.127; and the repeal of §382.3 and §382.11 are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1360). Therefore, the rules will not be republished.
BACKGROUND AND JUSTIFICATION
The primary purpose of the adopted rules is to update eligibility and other Medicaid requirements in the Healthy Texas Women (HTW) program to describe the agency’s compliance with the HTW Section 1115 Demonstration that was approved by the Centers for Medicare and Medicaid Services on January 22, 2020, and transitioned the majority of the program into Medicaid. For eligible minors, the HTW program remains fully funded by state general revenue.
Another purpose of the adopted rules is to comply with Texas Health and Safety Code §32.102, added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019, which requires HHSC to provide enhanced postpartum care services, called HTW Plus, to eligible clients. HHSC made HTW Plus available to eligible clients enrolled in the HTW program beginning September 1, 2020.
Another purpose of the adopted rules is to comply with Texas Health and Safety Code §31.018, also added by S.B. 750, to include a requirement for women in HTW to receive referrals to the Primary Health Care Services Program.
Another purpose of the adopted rules is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP.
Other non-substantive clarifying changes were made throughout the rules.
Adopting 1 TAC §§382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, 382.127, to replace references to expired statutes, improve the clarity of definitions, enhance the readability of the rules, and making conforming changes to the use of specific terms.
CHAPTER 382. WOMEN’S HEALTH SERVICES
SUBCHAPTER B. FAMILY PLANNING PROGRAM
1 TAC §§382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, 382.127
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §382.1, concerning Introduction; §382.5, concerning Definitions; §382.7, concerning Client Eligibility; §382.9, concerning Application and Renewal Procedures; §382.15, concerning Covered and Non-covered Services; §382.17, concerning Health-Care Providers; §382.101, concerning Introduction; §382.105, concerning Definitions; §382.107, concerning Client Eligibility; §382.109, concerning Financial Eligibility Requirements; §382.113, concerning Covered and Non-covered Services; §382.115, concerning Family Planning Program Providers; §382.119, concerning Reimbursement; §382.121, concerning Provider’s Request for Review of Claim Denial; §382.123, concerning Record Retention; §382.125, concerning Confidentiality and Consent; and §382.127, concerning FPP Services for Minors; and adopts the repeal of §382.3, concerning Non-entitlement and Availability; and §382.11, concerning Financial Eligibility Requirements.
The amendments to §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17, 382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, and 382.127; and the repeal of §382.3 and §382.11 are adopted without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1360). Therefore, the rules will not be republished.
BACKGROUND AND JUSTIFICATION
The primary purpose of the adopted rules is to update eligibility and other Medicaid requirements in the Healthy Texas Women (HTW) program to describe the agency’s compliance with the HTW Section 1115 Demonstration that was approved by the Centers for Medicare and Medicaid Services on January 22, 2020, and transitioned the majority of the program into Medicaid. For eligible minors, the HTW program remains fully funded by state general revenue.
Another purpose of the adopted rules is to comply with Texas Health and Safety Code §32.102, added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019, which requires HHSC to provide enhanced postpartum care services, called HTW Plus, to eligible clients. HHSC made HTW Plus available to eligible clients enrolled in the HTW program beginning September 1, 2020.
Another purpose of the adopted rules is to comply with Texas Health and Safety Code §31.018, also added by S.B. 750, to include a requirement for women in HTW to receive referrals to the Primary Health Care Services Program.
Another purpose of the adopted rules is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP.
Other non-substantive clarifying changes were made throughout the rules.
Proposed Rule Review Re:
Reviewing Title 1, Part 15, to review and consider for readoption, revision, or repeal the chapter concerning the Medicare Savings Program.
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 359, Medicare Savings Program.
Reviewing Title 40, Part 1, to review and consider for readoption, revision, or repeal the chapter concerning Employment Practices.
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 40, Part 1, of the Texas Administrative Code:
Chapter 77, Employment Practices
Adopted Rule Review Re:
Adopting the review of Title 1, Part 15, concerning Medicaid Managed Care.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code:
Chapter 353, Medicaid Managed Care
Notice of the review of this chapter was published in the January 12, 2024, issue of the Texas Register (49 TexReg 149). HHSC received no comments concerning this chapter.
Adopting the review of Title 1, Part 15, concerning the Temporary Assistance for Needy Families and Supplemental Nutrition Assistance Programs.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):
Chapter 372, Temporary Assistance for Needy Families and Supplemental Nutrition Assistance Programs
Notice of the review of this chapter was published in the February 23, 2024, issue of the Texas Register (49 TexReg 1105). HHSC received no comments concerning this chapter.
Adopting the review of Title 26, Part 1, concerning Area Agencies on Aging.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 213, Area Agencies on Aging
Notice of the review of this chapter was published in the March 15, 2024, issue of the Texas Register (49 TexReg 1740). HHSC received no comments concerning this chapter.
Adopting the review of Title 26, Part 1, concerning the Primary Health Care Services Program.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1 of the Texas Administrative Code (TAC):
Chapter 364, Primary Health Care Services Program
Notice of the review of this chapter was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1289). HHSC received no comments concerning this chapter.
Texas Department of Licensing and Regulation
Adopted Rules Re:
Adopting 16 TAC §111.1, to change the name of the section from “Authority” to “Authority and Applicability.”
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §111.1
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §111.1. Authority and Applicability. The adopted rules change the name of the section from “Authority” to “Authority and Applicability.” The adopted rules amend subsection (a) to identify the other statutes that are implemented by the rules in Chapter 111. The adopted rules also add new subsection (b) to explain that the Chapters 60 and 100 rules also apply to the Speech-Language Pathologists and Audiologists program. This new provision replaces the rules under Subchapter O, §111.140, Rules, which are being repealed.
Adopting 16 TAC §111.23, to recognize the two different jurisprudence exams and update references to the examinations.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER C. EXAMINATIONS
16 TAC §111.23
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §111.23, License Examination–Jurisprudence Examinations. The adopted rules change the name of the section from “License Examination–Jurisprudence Examination” to “License Examination–Jurisprudence Examinations.” The adopted rules amend subsection (a) to recognize that there are two separate jurisprudence exams – one for speech-language pathology and another for audiology; and amend subsection (b) to update the reference to examinations. The adopted rules also create separate provisions for the speech-language pathology jurisprudence examination and the audiology jurisprudence examination. The general provision under subsection (c) has been amended to apply only to the speech-language pathology jurisprudence examination, and a separate provision for the audiology jurisprudence examination has been added as new subsection (d). There are no substantive changes to these provisions.
Adopting 16 TAC §111.50, to make technical corrections.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE
16 TAC §111.50
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §111.50, Assistant in Speech-Language Pathology License–Licensing Requirements–Education and Clinical Observation and Experience. The adopted rules make technical corrections to §111.50(e) from two previous rulemakings as discussed above. Under subsection (e), the adopted rules remove the “in-person” references under paragraphs (e)(4) and (e)(6).
Adopting 16 TAC §111.140, to remove unnecessary explanatory provisions.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER O. RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT
16 TAC §111.140
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules repeal Subchapter O, Responsibilities of the Commission and the Department, and §111.140, Rules. These explanatory provisions are no longer necessary, since sufficient time has passed since the program was transferred to the Department. New provisions regarding the applicability of the rules under Chapters 60 and 100 have been included in the changes to §111.1, Authority and Applicability. The rules under Chapters 60 and 100 have broader applicability than the specific provisions cited in §111.140.
Adopting 16 TAC §§111.150, 111.151, 111.155, to require that a licensee provide proof of licensure to clients upon request.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER P. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS
16 TAC §§111.150, 111.151, 111.155
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §111.150, Changes of Name, Address, or Other Information. The adopted rules update subsection (a) to provide that a licensee notify the Department of any changes to the specified information in a form and manner prescribed by the Department.
The adopted rules amend §111.151, Consumer Information, Display of License, and Proof of Licensure. The adopted rules reflect the recommendations from the Speech-Language Pathologists and Audiologists Advisory Board with input from its Licensing Workgroup as discussed above. The adopted rules change the name of the section from “Consumer Information and Display of License” to “Consumer Information, Display of License, and Proof of Licensure.” The adopted rules add a new subsection (e), which requires a licensee, upon request, to provide proof of licensure to a client by showing the current license certificate, the current license identification card, or the current results of a license search on the Department’s website.
The adopted rules amend §111.155, Standards of Ethical Practice (Code of Ethics). The adopted rules update the statutory citation in subsection (a)(16).
Adopting 16 TAC §111.160, to update the fee language.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER Q. FEES
16 TAC §111.160
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §111.160, Fees. The adopted rules update the cross-referenced fee provisions in subsections (k) – (m) to use updated, standardized fee language.
Adopting 16 TAC §111.190, §111.192, to clarify that individuals licensed under the Act may conduct communication screenings and specify what those screenings can include.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER T. SCREENING PROCEDURES
16 TAC §111.190, §111.192
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and adopts the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7727). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The adopted rules are necessary to implement recommended changes from the Speech-Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §111.190, Communication Screening. The adopted rules reflect the recommendations from the Speech-Language Pathologists and Audiologists Advisory Board with input from its Standard of Care Workgroup as discussed above. The adopted rules amend subsection (a) to clarify that individuals licensed under the Act may conduct communication screenings. In addition, the adopted rules amend subsection (b) to provide that communication screenings may include cursory assessments of cognition to determine if further testing is indicated, and to provide that the aspects of cognition to be screened are any cognitive processes affecting communication function. Finally, the adopted rules amend subsection (c) to provide that cognition screenings should be conducted in the client’s dominant language and primary mode of communication.
The adopted rules amend §111.192, Newborn Hearing Screening. The adopted rules update the rule citation in subsection (b) to reflect the Health and Human Services Commission’s transfer of the rules related to Early Childhood Intervention Services to a new rule chapter in the Texas Administrative Code (TAC).
Texas Board of Physical Therapy Examiners
Adopted Rules Re:
Adopting 22 TAC §329.5, to increase the number of acceptable versions of the Casework Wool (CWT) for applicants by endorsement.
CHAPTER 329. LICENSING PROCEDURE
22 TAC §329.5
OVERVIEW
The Texas Board of Physical Therapy Examiners proposes amending 22 TAC §329.5. Licensing Procedures for Foreign-Trained Applicants to remove unnecessary barriers to the licensing of foreign-educated applicants.
BACKGROUND AND JUSTIFICATION
The amendment for the requirement of an evaluation of professional education and training in paragraph (1)(A) differentiates between applicants by exam and applicants by endorsement. Applicants by exam will require the most current version of the Coursework Tool (CWT) in accordance with immigration requirements. Applicants by endorsement will have a range of acceptable versions of the CWT appropriate to the year they graduated from the foreign physical therapy program or a more current version. This will prevent an applicant who has already been evaluated by a version of the CWT for immigration purposes or for licensure in another jurisdiction from being evaluated by a different version of the CWT for Texas licensure. The amendment also authorizes acceptance of a copy of an evaluation that has been used as a licensure requirement by another jurisdiction for extenuating circumstances beyond the applicant’s control if the evaluation is sent directly to the board by the jurisdiction.
Texas Diabetes Council
Proposed Rule Review Re:
Reviewing Title 25, Part 9, to review and consider for readoption, revision, or repeal the chapter concerning the Conduct of Council Meetings.
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 651, Conduct of Council Meetings.
Department of Aging and Disability Services
Adopted Rule Review Re:
Adopting Title 40, Part 1, concerning State 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 1, State Authority Responsibilities
Notice of the review of this chapter was published in the March 15, 2024, issue of the Texas Register (49 TexReg 1741). HHSC received no comments concerning this chapter.
Texas Department of Insurance
In Addition Re:
Company Licensing — Applications to do Business
Application to do business in the state of Texas for American Legacy Life Insurance Company, a foreign life, accident, and/or health company. The home office is in Columbus, Ohio.
Application to do business in the state of Texas for Stellar National Life Insurance Company, a foreign life, accident, and/or health company. The home office is in Phoenix, Arizona.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.