Texas Register April 12, 2024 Volume: 49 Number: 15

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
    - 1.0.1.1 Appointed to the Statewide Health Coordinating Council for a term to expire August 31, 2029, David V. Lewis of Austin, Texas.
2 Texas State Board of Examiners of Marriage and Family Therapists
- - 2.0.1 Proposed Rules Re:
    - 2.0.1.1 Amending 22 TAC §801.143, to establish equitable requirements for achieving supervisor status; standardize provisions concerning automatic revocation of supervisor status after a disciplinary status; and make typographical updates.
    - 2.0.1.2 Amending 22 TAC §801.261, to require the completion of one hour of continuing education in crisis management to renew a license.
3 Texas Behavioral Health Executive Council
- - 3.0.1 Proposed Rules Re:
    - 3.0.1.1 Amending 22 TAC §882.2, to clarify what information Council staff may depend on when verifying an applicant’s out-of-state licensure.
4 Texas Health and Human Services Commission
5 Texas Department of State Health Services
6 Texas Department of Insurance, Division of Workers’ Compensation
- - 6.0.1 Proposed Rule Reviews Re:
    - 6.0.1.1 Reviewing Title 28, Part 2, to consider for readoption, revision, or repeal the chapters concerning Compensation Procedure–Employers, Compensation Procedure–Claimants, and Insurance Carriers: Notices, Payments, and Reporting.
7 Department of Aging and Disability Services
- - 7.0.1 Adopted Rule Reviews Re:
    - 7.0.1.1 Adopting the review of Title 40, Part 1, concerning DADS Administrative Responsibilities.

Governor

Appointments Re:

Appointed to the Statewide Health Coordinating Council for a term to expire August 31, 2029, David V. Lewis of Austin, Texas.

Texas State Board of Examiners of Marriage and Family Therapists

Proposed Rules Re:

Amending 22 TAC §801.143, to establish equitable requirements for achieving supervisor status; standardize provisions concerning automatic revocation of supervisor status after a disciplinary status; and make typographical updates.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143

OVERVIEW

The proposed amendments are intended to set equitable requirements for achieving supervisor status; to standardize provisions concerning automatic revocation of supervisor status after a disciplinary order imposes a probated suspension, suspension, or revocation of a license; and makes typographical updates.

Amending 22 TAC §801.261, to require the completion of one hour of continuing education in crisis management to renew a license.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.261

OVERVIEW

The proposed amendments will require licensees to complete one hour of continuing education in crisis management in order to renew their license. This one hour requirement is proposed to be included in the currently required 30 hours of continuing education needed for the renewal of a license. Crisis management can include, but is not limited to, suicidal ideation, homicidal ideation, abuse or neglect, domestic violence, crisis prevention, and crisis or disaster response.

Texas Behavioral Health Executive Council

Proposed Rules Re:

Amending 22 TAC §882.2, to clarify what information Council staff may depend on when verifying an applicant’s out-of-state licensure.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.2

OVERVIEW

The proposed rule amendments are intended to clarify what information Council staff can rely upon when verifying an applicant’s out-of-state licensure.

Texas Health and Human Services Commission

Adopted Rules Re:

Amending 26 TAC §303.102, to add new definitions for “audio-only,” “audio-visual,” “extenuating circumstances,” “HHSC instructor-led training,” and “in-person.”

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §303.102

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §303.102, concerning Definitions; §303.201, concerning Preadmission Process; §303.302, concerning LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process; §303.303, concerning Qualifications and Requirements for Staff Person Conducting a PE or Resident Review; §303.502, concerning Required Training for a Habilitation Coordinator; §303.503, concerning Documenting Habilitation Coordination Contacts; §303.601, concerning Habilitation Coordination for a Designated Resident; §303.602, concerning Service Planning Team Responsibilities Related to Specialized Services; §303.701, concerning Transition Planning for a Designated Resident; §303.703, concerning Requirements for Service Coordinators Conducting Transition Planning; §303.905, concerning Process for Service Initiation, §303.907, concerning Renewal and Revision of Person-Centered Recovery Plan, §303.909, concerning Refusal of the Uniform Assessment or MI Specialized Services; §303.910, concerning Suspension and Termination of MI Specialized Services; and §303.912, concerning Documentation.

HHSC adopts new §303.901, concerning Description of MI Specialized Services and §303.914, concerning Required Training for an LMHA or LBHA Staff Responsible for Coordinating MI Specialized Services and new Subchapter J, concerning Disaster Rule Flexibilities, comprised of §303.1000, concerning Flexibilities to Certain Requirements During Declaration of Disaster.

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

Sections 303.102, 303.601, 303.602, 303.701, 303.901, 303.905, 303.907, 303.909, and 303.1000 are adopted with changes to the proposed text as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6174). These rules will be republished.

Sections 303.201, 303.302, 303.303, 303.502, 303.503, 303.703, 303.910, 303.912, 303.914, and the repeal of §303.901 are adopted without changes to the proposed text as published in the October 20, 2023, issue of theTexas Register (48 TexReg 6174). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

House Bill 4, 87th Legislature, Regular Session, 2021 added §531.02161 to the Texas Government Code which requires HHSC to ensure that Medicaid recipients have the option to receive services through telecommunications to the extent it is cost effective and clinically appropriate. A purpose of the adopted rules is to implement Texas Government Code §531.02161 as it applies to the preadmission screening and resident review (PASRR) process. Another purpose of the adopted rules is to define terms used in the revised PASRR rule for clarification. The adopted rules ensure training requirements are similar for staff involved in the PASRR process across all local intellectual and developmental disability authorities (LIDDAs), local mental health authorities (LMHAs), and local behavioral health authorities (LBHAs). The adopted rules address documentation requirements related to the PASRR process, including the new requirement to obtain written or oral consent for the use of audio-visual or audio-only communication methods. The adopted rules require adjustments to the frequency of follow-up visits for residents with mental illness (MI), which mirrors the requirements of the habilitation coordinator related to the PASRR process. The adopted rules also require the MI specialized services team to agree the resident with MI no longer benefits from the MI specialized services when one or more specialized service is terminated.

The adopted rules provide that HHSC may allow LIDDAs, LMHAs, and LBHAs to use one or more of the exceptions specified in the rules while an executive order or proclamation declaring a state of disaster under Texas Government Code §418.014 is in effect. This provision ensures that LIDDAs, LMHAs, LBHAs are able to operate and provide services effectively during a disaster.

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §303.102, Definitions, adds definitions for the following new terms: “audio-only,” “audio-visual,” “extenuating circumstances,” “HHSC instructor-led training,” and “in-person.” The proposed amendment makes a minor change to the definition of “PCRP–Person-centered recovery plan” for clarity and references §303.302(a)(2) in the definitions of “PE–PASRR level II evaluation” and “Resident review” for clarity. The proposed amendment revises the definition of “SPT–Service planning team” to require that the person who develops a permanency plan using the HHSC Permanency Planning Instrument for Children Under 22 Years of Age form and performs other permanency planning activities for a designated resident under 22 years of age must be included on the SPT if the designated resident is at least 21 years of age but younger than 22 years of age. Further, the definition of “SPT” is amended to clarify that the following persons are required participants of an SPT: (1) a concerned person whose inclusion is requested by the designated resident or the LAR; and (2) at the discretion of the LIDDA, an individual who is directly involved in the delivery of services for people with ID or DD. The proposed amendment renumbers the definitions to account for the new definitions and changes made to existing definitions.

Amending 26 TAC §303.201, to clarify the Preadmission Screening and Resident Review (PASRR) screening and evaluation process.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER B. PASRR SCREENING AND EVALUATION PROCESS
26 TAC §303.201

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §303.201, Preadmission Process, clarifies that the LIDDA, LMHA, or LBHA, if provided a copy of a PL1 in accordance with subsection (a)(1)(B) of the section, must comply with §303.302(a)(1).

Amending 26 TAC §303.302, §303.303, to outline the responsibilities related to the Preadmission Screening and Resident Review (PASRR) process.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER C. RESPONSIBILITIES
26 TAC §303.302, §303.303

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §303.302, LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process allows a LIDDA, LMHA, or LBHA to meet with the individual or resident at the referring entity or nursing facility to gather information to complete a PASRR Level II evaluation (PE) resident review by audio-visual communication in extenuating circumstances if the LIDDA, LMHA, or LBHA obtains the written informed consent or oral consent of the individual, designated resident, or LAR and documents in the individual’s or designated resident’s record a description of the extenuating circumstances that prevented meeting in person with the individual or the designated resident. Further, the proposed amendment requires the LIDDA, LMHA, or LBHA to, if written or oral consent is not obtained to conduct this meeting, to instead meet with the LAR and NF staff most familiar with the individual or designated resident to review and gather all necessary information to complete the PE and enter the PE in the LTC online portal. The proposed amendment also allows a LIDDA, LMHA, or LBHA to complete the PE or resident review by meeting with the individual’s LAR or resident’s LAR in-person, via audio-visual communication, or via audio-only communication according to the LAR’s preference. The proposed amendment requires a LIDDA, LMHA, or LBHA to ensure a habilitation coordinator or QMHP-CS or both, as applicable, participates in person, or via audio-visual communication in extenuating circumstances, in the resident’s IDT meeting required by §303.302(c)(1). The proposed amendment replaces the term “face-to-face” with “in person” and makes minor changes for clarity.
The proposed amendment to §303.303, Qualifications and Requirements for Staff Person Conducting a PE or Resident Review, requires an LMHA or LBHA to ensure that before a staff person conducts a PE or resident review, the staff person receives “HHSC instructor-led” training, instead of “HHSC-developed training,” about how to conduct a PE and resident review.

Amending 26 TAC §303.502, §303.503, to update requirements for the habilitation coordinator for the Preadmission Screening and Resident Review (PASRR) process.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER E. HABILITATION COORDINATION
26 TAC §303.502, §303.503

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §303.502, Required Training for a Habilitation Coordinator, provides that a LIDDA must ensure a habilitation coordinator completes “HHSC approved computer-based person-centered planning and practices training” within the first 60 days of performing habilitation coordination duties; all “HHSC instructor-led,” instead of “HHSC-developed” training, related to PASRR habilitation coordination within the first 60 days of performing habilitation coordination duties; and person-centered thinking training approved by HHSC within the first year of performing habilitation coordination duties. The proposed amendment makes minor changes for clarity.
The proposed amendment to §303.503, Documenting Habilitation Coordination Contacts, substitutes the phrase “in person, via audio-visual communication, or via audio-only communication” for “face-to-face or by telephone.”

Amending 26 TAC §303.601, §303.602, to update habilitation coordinator duties and to outline when quarterly SPT meetings may be conducted via audio-visual communication.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER F. HABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT
26 TAC §303.601, §303.602

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §303.601, Habilitation Coordination for a Designated Resident, requires a LIDDA to assign a habilitation coordinator to each designated resident within two days after a PE is completed, if the PE is positive for intellectual disability (ID) or development disability (DD). The proposed amendment clarifies that the habilitation coordinator must meet with the designated resident to provide habilitation coordination at least monthly if the designated resident is receiving a specialized service in addition to habilitation coordination and requires the habilitation coordinator to meet in person at least quarterly or more frequently as determined by the SPT using the findings of the HHSC Habilitative Assessment form and meet via audio-visual communication in a month when a meeting is not conducted in person if the designated resident or LAR consents orally or in writing to meeting via audio-visual communication. The proposed amendment also requires the habilitation coordinator to document the designated resident’s or LAR’s refusal in the designated resident’s record if written or oral consent to meet via audio-visual communication is not obtained. The proposed amendment also makes minor edits and formatting changes for clarity.
The proposed amendment to §303.602, Service Planning Team Responsibilities Related to Specialized Services, substitutes the phrase “via audio-visual communication, or via audio-only communication,” for “by phone.” The proposed amendment also allows a habilitation coordinator to facilitate a quarterly SPT meeting via audio-visual communication in extenuating circumstances if the habilitation coordinator obtains written or oral consent to meet via audio-visual communication from the designated resident, or LAR and documents a description of the extenuating circumstances prior to convening the meeting. The proposed amendment also requires the habilitation coordinator to document the designated resident’s or LAR’s refusal in the designated resident’s record if written or oral consent to meet via audio-visual communication is not obtained. In addition, the proposed amendment requires a SPT member who is a provider of a specialized service to participate, instead of “actively participate,” in an SPT meeting, in person, via audio-visual communication, or via audio-only communication, unless the habilitation coordinator determines “participation,” instead of “active participation” by the provider is not necessary. Further, the proposed amendment requires a habilitation coordinator to take certain action if the habilitation coordinator determines that “participation,” instead of “active participation” by a provider is not necessary.

Amending 26 TAC §303.701, §303.703, to clarify responsibilities of a service coordinator in conducting transition planning under the PASRR process.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER G. TRANSITION PLANNING
26 TAC §303.701, §303.703

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §303.701, Transition Planning for a Designated Resident, substitutes the phrase “via audio-visual communication, or via audio-only communication,” for “by phone.” The proposed amendment also allows a service coordinator to facilitate an SPT meeting convened by the service coordinator via audio-visual communication in extenuating circumstances if the service coordinator obtains written or oral consent to meet via audio-visual communication from the designated resident or LAR and documents a description of the extenuating circumstances prior to convening the meeting. The proposed amendment also requires the service coordinator to document the designated resident’s or LAR’s refusal in the designated resident’s record if written or oral consent to meet via audio-visual communication is not obtained. In addition, the proposed amendment requires an SPT member who is a provider of a specialized service to participate, instead of “actively participate,” in an SPT meeting, in person, via audio-visual communication, or via audio-only communication, unless the service coordinator determines that the provider’s “participation,” instead of “active participation” is not necessary. Further, the proposed amendment requires a service coordinator to take certain action if the service coordinator determines that the provider’s “participation,” instead of the provider’s “active participation” is not necessary.
The proposed amendment to §303.703, Requirements for Service Coordinators Conducting Transition Planning, requires a service coordinator to complete “HHSC approved computer-based person-centered planning and practices” training instead of “person-center thinking” training. The proposed amendment substitutes the term “HHSC instructor-led” training for “HHSC-developed” training. A proposed amendment to add “person-centered thinking training approved by HHSC to be completed by the habilitation coordinator within the first year of performing habilitation coordination duties. The proposed amendment also corrects a rule reference and makes a minor change for clarity.

New 26 TAC §303.901, to require an LMHA or LBHA to perform a uniform assessment to determine the appropriate level of care and available specialized services for a resident with mental illness.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER I. MI SPECIALIZED SERVICES
26 TAC §303.901

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

Proposed new §303.901, Description of MI Specialized Services, requires an LMHA or LBHA staff to conduct the uniform assessment to determine which level of care the resident with MI will receive and describes the specialized services available for a resident with MI. This new section reorders and reformats the content in repealed §303.901, Description of MI Specialized Services, to be consistent with the Texas Resiliency and Recovery (TRR) offered services, a service delivery system in Texas for community mental health services.

Repealing 26 TAC §303.901, to be replaced with new §303.901 concerning mental illness specialized services.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER I. MI SPECIALIZED SERVICES
26 TAC §303.901

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §303.901, Description of MI Specialized Services deletes the rule as no longer necessary, and replaces it with proposed new §303.901, Description of MI Specialized Services.

Amending 26 TAC §§ 303.905, 303.907, 303.909, 303.910, 303.912 and new 26 TAC § 303.914, to describe requirements for mental illness specialized services.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER I. MI SPECIALIZED SERVICES
26 TAC §§ 303.905, 303.907, 303.909, 303.910, 303.912, 303.914

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

Proposed amendment to §303.905, Process for Service Initiation, requires an LMHA or LBHA to convene the meeting described in subsection (c)(3) in person or in extenuating circumstances via audio-visual communication. To conduct the meeting via audio-visual communication, a LMHA or LBHA must obtain written or oral consent to meet via audio-visual communication from the resident with MI or LAR and document a description of the extenuating circumstances prior to the meeting. The proposed amendment also requires the LMHA or LBHA to document the refusal of the resident with MI or LAR in the resident’s record if written or oral consent to meet via audio-visual communication is not obtained. The proposed amendment also makes minor changes for clarity.
Proposed amendment to §303.907, Renewal and Revision of Person-Centered Recovery Plan, requires the QMHP-CS to convene an MI quarterly meeting in person, or in extenuating circumstances via audio-visual communication. To conduct the meeting via audio-visual communication, a QMHP-CS must obtain written or oral consent to meet via audio-visual communication from the resident with MI or LAR and document a description of the extenuating circumstances prior to the meeting. The proposed amendment also requires the QMHP-CS to document the refusal of the resident with MI or LAR in the resident’s record if written or oral consent to meet via audio-visual communication is not obtained. The proposed amendment also makes minor changes for clarity.
Proposed amendment to §303.909, Refusal of the Uniform Assessment or MI Specialized Services, requires the LMHA or LBHA to inform the resident with MI who refuses to complete the uniform assessment or participate in MI specialized services that a follow-up visit will be conducted at the first MI quarterly meeting and removes the requirement for visits every 30 days for 90 days after the initial IDT meeting. The proposed amendment also requires the LMHA or LBHA to, if the resident with MI or the LAR refuses the uniform assessment or MI specialized services “at the first MI quarterly meeting,” (instead of “after 90 days”) inform the resident and the LAR that an annual IDT meeting is required and will be conducted, at which time the uniform assessment and MI specialized services will be offered again. The proposed amendment also makes minor changes for clarity.
Proposed amendment to §303.910, Suspension and Termination of MI Specialized Services, removes the requirement that an LMHA or LBHA suspend MI specialized services for a resident with MI if the resident or LAR requests that MI specialized services be suspended when transferring from one NF to another NF without an intervening hospital stay. The proposed amendment allows the LMHA or LBHA to terminate one or more MI specialized services if the MI specialized services team agrees that the resident with MI no longer benefits from the services. The proposed amendment also makes minor changes for clarity.
Proposed amendment to §303.912, Documentation, removes the reference to the required 30, 60, and 90 day follow-up meetings held after the initial IDT meeting for a resident with MI who refuses MI specialized services and makes minor changes for clarity.
Proposed new §303.914, Required Training for an LMHA or LBHA Staff Responsible for Coordinating MI Specialized Services, requires the LMHA and LBHA to ensure that an LMHA or LBHA staff responsible for coordinating MI specialized services completes specified training before coordinating MI specialized services and completes HHSC approved computer-based person-centered planning and practices training within the first 60 days of coordinating MI specialized services. The proposed new rule also requires that the LMHA or LBHA ensure that a supervisor, team lead, or quality monitoring staff person who has successfully completed the HHSC approved computer-based person-centered planning and practices training reviews and signs off on work completed by an LMHA or LBHA staff until such staff completes the training. The proposed new rule further requires the LMHA and LBHA to ensure that staff responsible for coordinating MI specialized services completes HHSC approved person-centered thinking training within the first year of coordinating MI specialized services and that staff responsible for coordinating MI specialized services demonstrate competency in the coordination of MI specialized services and maintain documentation of the training received by the staff.

New 26 TAC §303.1000, to provide disaster rule flexibilities under the PASRR process.

CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER J. DISASTER RULE FLEXIBILITIES
26 TAC §303.1000

OVERVIEW

HHSC also adopts the repeal of §303.901, Description of MI Specialized Services.

BACKGROUND AND JUSTIFICATION

The adopted rules repeal §303.901, Description of MI Specialized Services, and replace it with new §303.901, Description of MI Specialized Services.

SECTION-BY-SECTION SUMMARY

Proposed new §303.1000, Flexibilities to Certain Requirements During Declaration of Disaster, provides that HHSC may allow LIDDAs, LMHAs, and LBHAs to use one or more of the exceptions described in the rule while an executive order or proclamation declaring a state of disaster under Texas Government Code §418.014 is in effect. The rule provides that HHSC notifies LIDDAs, LMHAs, and LBHAs if it allows an exception to be used and the date an allowed exception must no longer be used.

Transferred Rules Re:

Rule transfer, to transfer rules from the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, to the Texas Health and Human Services Commission (HHSC).

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25`, Part 1, Chapter 411, State Mental Health Authority Responsibilities, Subchapter G, Community Centers, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 300, State Mental Health Authority Responsibilities, Subchapter A, Community Centers.

The rules will be transferred in the Texas Administrative Code effective May 13, 2024.

Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Coordinated Planning and Delivery of Health and Human Services.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:

Chapter 351, Coordinated Planning and Delivery of Health and Human Services

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter regarding Peer Assistance Programs for Impaired Professionals.

Chapter 8, Peer Assistance Programs for Impaired Professionals

Adopted Rule Reviews Re:

Adopting the review of Title 26, Part 1, concerning IDD-BH Contractor Administrator Functions.

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 301, IDD-BH Contractor Administrator Functions

In Addition Re:

Public Hearing — Long-Range Planning for State Supported Living Centers (Updated April 3, 2024)

OVERVIEW

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

Public Notice of the Texas State Plan for Medical Assistance Amendment

OVERVIEW

The purpose of this amendment is to remove licensure requirements for Emergency Response Services (ERS) providers of backup systems and supports under the Community First Choice State Plan Option. ERS providers are no longer subject to licensure requirements after Senate Bill 202, 84th Texas Legislature, Regular Session, 2015, repealed Texas Health and Safety Code, Chapter 781. The proposed amendment is effective April 1, 2024.

Texas Department of State Health Services

Transferred Rules Re:

Rule transfer, to transfer rules from the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, to the Texas Health and Human Services Commission (HHSC).

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 411, State Mental Health Authority Responsibilities, Subchapter G, Community Centers, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 300, State Mental Health Authority Responsibilities, Subchapter A, Community Centers.

The rules will be transferred in the Texas Administrative Code effective May 13, 2024.

Adopted Rule Reviews Re:

Adopting the review of Title 25, Part 1, concerning Health Care Information.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):

Chapter 421, Health Care Information

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 2342.

Texas Department of Insurance, Division of Workers’ Compensation

Proposed Rule Reviews Re:

Reviewing Title 28, Part 2, to consider for readoption, revision, or repeal the chapters concerning Compensation Procedure–Employers, Compensation Procedure–Claimants, and Insurance Carriers: Notices, Payments, and Reporting.

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) will review all sections in 28 Texas Administrative Code:

-Chapter 120 (Compensation Procedure–Employers);

-Chapter 122 (Compensation Procedure–Claimants); and

-Chapter 124 (Insurance Carriers: Notices, Payments, and Reporting).

Department of Aging and Disability Services

Adopted Rule Reviews Re:

Adopting the review of Title 40, Part 1, concerning DADS Administrative Responsibilities.

The Texas Health and Human Services Commission (HHSC), on behalf 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 7, DADS Administrative Responsibilities