Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 1 TAC §355.8549, to change references to the word from “department” to “Texas Health and Human Services Commission (HHSC)” and add new requirements for HHSC to separately reimburse hospital providers that provide OPD services for any non-opioid treatments.
- 1.0.1.2 Amending 26 TAC §260.5, §260.7, to add and define terms used in the amended rules and renumber the paragraphs, as well as add “employment readiness” in subsection (c) to the list of services offered in the DBMD.
- 1.0.1.3 Amending 26 TAC §260.59, to require a program provider to ensure that employment readiness is not provided in the residence of an individual or another person; ensure that an individual has control over the individual’s schedule and activities; food; and visitors of the individual’s choosing at any time; and ensure that the location is physically accessible and free of hazards.
- 1.0.1.4 Amending 26 TAC §260.203, §260.205, to add qualifications for a service provider of employment readiness and renumber the remaining subsections, as well as add the employment readiness in subsection (c)(1) and (3)(A), subsection (f)(1)(B) and (C); and subsection (g) to set forth the training requirements for a service provider of employment readiness.
- 1.0.1.5 Amending 26 TAC §260.341, to describe employment readiness.
- 1.0.1.6 Amending §260.357, to add employment readiness in paragraph (8) to exclude employment readiness as a nonbillable activity for travel to and from an individual’s residence.
- 1.0.1.7 Amending 26 TAC §262.3, §262.5, to add and define the terms “group setting” and “job task-oriented,” as well as renumber the subsection.
- 1.0.1.8 Amending 26 TAC §262.103, to add employment readiness to the array of TxHmL Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units for the program provider’s registered nurse to perform a comprehensive nursing assessment.
- 1.0.1.9 Amending 26 TAC §262.202, to require a program provider to ensure that an individual has control over the individual’s on schedule and activities, food, visitors of the individual’s choosing at any time, is physically accessible, and is free of hazards.
- 1.0.1.10 Amending 26 TAC §262.301, §262.304, to require authorization of employment readiness to be supported by an HHSC Employment First Discovery Tool and be within the service limit described in the proposed amendments, as well as establish a combined service limit for employment readiness.
- 1.0.1.11 Amending 26 TAC §262.401, to add employment readiness to the array of TxHmL services that pay in accordance with the reimbursement rate for the service.
- 1.0.1.12 Amending 26 TAC §262.701, to add employment readiness to the array of TxHmL services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessments.
- 1.0.1.13 Amending 26 TAC §263.3, §263.5, to define the term “group setting” and “job-task-oriented,” describe employment readiness, as well as renumber the paragraphs in the rule.
- 1.0.1.14 Amending 26 TAC §263.104, to add employment readiness to the array of HCS Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units to perform a comprehensive nursing assessment.
- 1.0.1.15 Amending 26 TAC §263.301, §263.304, to require authorization of employment readiness to be supported by an HHSC Employment First Discovery Tool and establish a combined service limit for employment readiness and individualized skills and socialization.
- 1.0.1.16 Amending 26 TAC §263.501, to require a program provider to ensure that a group setting allows an individual to control the individual’s own schedule and activities, have access to the individual’s food at any time, and receive visitors of the individual’s choosing at any time, as well as ensure a group setting is physically accessible and free of hazards.
- 1.0.1.17 Amending 26 TAC §263.601, to add employment readiness to the array of HSC Program services that HHSC pays in accordance with the individual’s LON and reimbursement rate for the service.
- 1.0.1.18 Amending 26 TAC §263.901, to require a service coordinator to update an individual’s person-directed plan if a modification to a service provided in a group setting is needed as well as add employment readiness to the array of HCS services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessment.
- 1.0.1.19 Amending 26 TAC §564.39, to outline the substance misuse educational program requirements that a residential CDTF may use as an equivalent program to an educational program approved by TDLR.
- 1.0.2 Adopted Rules Re:
- 1.0.3 Adopted Rule Reviews Re:
- 1.0.4 In Addition Re:
- 1.0.1 Proposed Rules Re:
- 2 Texas State Board of Examiners of Psychologists
- 3 Texas State Board of Social Worker Examiners
- 4 Texas State Board of Marriage and Family Therapists
- 4.0.1 Proposed Rules Re:
- 4.0.1.1 Amending 22 TAC §801.114, to establish that an applicant with a deficiency in their pre-graduate internship to cure that deficiency under licensed supervised experience to receive a license.
- 4.0.1.2 Amending 22 TAC §801.115, to establish that out-of-state applicants have not met Texas academic licensing requirements based solely on holding a license in another jurisdiction.
- 4.0.1.3 Amending 22 TAC §801.142, to change the amount of telephone supervision hours that may be counted toward licensure.
- 4.0.1.4 Amending 22 TAC §801.201, to create a temporary Texas license for marriage and family therapists who are licensed to practice independently in another jurisdiction.
- 4.0.1 Proposed Rules Re:
- 5 Texas Behavioral Health Executive Council
- 5.0.1 Proposed Rules Re:
- 5.0.1.1 Amending 22 TAC §882.14, to authorize the Council to accept remediation of any licensing requirement that is not required by statute or federal law.
- 5.0.1.2 Amending 22 TAC §882.21, to update the definitions of inactive and delinquent licenses to ensure a license with a pending disciplinary complaint or investigation does not expire until after the complaint has been resolved.
- 5.0.1.3 Amending 22 TAC §884.10, to allow Council staff to close a complaint without investigation when it lacks sufficient evidence of a violation or where the complainant is uncooperative.
- 5.0.1.4 Amending 22 TAC §884.60, to repeal and replace this rule with a new rule relating to depositions, subpoenas, and witnesses.
- 5.0.1.5 Amending 22 TAC §884.60, to clarify agency procedures when issuing subpoenas and commissions for depositions during a contested case at SOAH.
- 5.0.1.6 Amending 22 TAC §885.1, to clarify eligibility for reinstatement of an expired license and waivers of licensing and examination fees for military service-related applicants.
- 5.0.1 Proposed Rules Re:
- 6 Texas Department of State Health Services
- 6.0.1 Proposed Rules Re:
- 6.0.1.1 Amending 25 TAC §157.2, to integrate terminology for the RACs, emergency medical systems, trauma facilities, stroke facilities, and current national standards into Definitions.
- 6.0.1.2 Amending 25 TAC §§157.123, 157.130, 157.131, to repeal and replace with a new §157.123.
- 6.0.1.3 Amending 157.123, 157.125, 157.126, 157.128, 157.130, to define additional requirements and functions of the RACs; require RACs to track and collect specific health care data to enhance emergency response planning and preparedness; clarify that all designation surveys conducted on or before August 31, 2025, will meet the requirements of §157.125; allow a facility under a multi-location license to not be designated; include other clarifying changes; remove certain figures; define trauma facility designation requirements to align with national standards; update reasons why a facility designation may be denied, suspended, or revoked, and repeal § 157.130.
- 6.0.1.4 Amending 25 TAC §181.22, to clarify, delete, renumber, or add fees for different services regarding the fee for a copy or research copy of a birth, death, or fetal death record.
- 6.0.1.5 Repealing §181.35, to delete the rule as the rule is no longer necessary.
- 6.0.2 Adopted Rule Reviews Re:
- 6.0.1 Proposed Rules Re:
- 7 State Office of Administrative Hearings
- 7.0.1 Adopted Rules Re:
- 7.0.1.1 Adopting 1 TAC §167.1, §167.3, to repeal the sections concerning the general purpose, scope, and definitions.
- 7.0.1.2 Adopting 1 TAC §167.51, to repeal the section concerning the forms related to the initiating appointment of a mediator.
- 7.0.1.3 Adopting 1 TAC §§167.101, 167.103, 167.105, 167.107, 167.109, to repeal the sections concerning mediator qualifications, the roster of mediators, mediator roster updates, withdrawals, and fee arrangements, appointments of a mediator, and mediator duties and responsibilities.
- 7.0.1.4 Adopting 1 TAC §167.151, to repeal the sections concerning a mediator’s reports following mediation.
- 7.0.1.5 Adopting 1 TAC §§167.201, 167.203, 167.205, 167.207, 167.209, to repeal the sections concerning special judge qualifications, the order of referral to a special judge, the roster of special judges, the appointment of a special judge, and the special judge roster update, withdrawal, and fee arrangement.
- 7.0.2 Adopted Rule Reviews Re:
- 7.0.1 Adopted Rules Re:
- 8 Teacher Retirement System of Texas
- 9 Texas Diabetes Council
- 10 Texas Department of Insurance
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 1 TAC §355.8549, to change references to the word from “department” to “Texas Health and Human Services Commission (HHSC)” and add new requirements for HHSC to separately reimburse hospital providers that provide OPD services for any non-opioid treatments.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH SERVICES
DIVISION 28. PHARMACY SERVICES: REIMBURSEMENT
1 TAC §355.8549
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §355.8549, concerning Reimbursement to Hospitals and Physicians Who Dispense Drugs.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendment to §355.8549 is to implement House Bill (H.B.) 4888, 88th Legislature, Regular Session, 2023. H.B. 4888 added §32.03117 to the Texas Human Resources Code, concerning Reimbursement for Non-Opioid Treatments.
Texas Human Resources Code §32.03117 requires HHSC to reimburse a Medicaid hospital provider who provides a non-opioid treatment to a Medicaid recipient. Section 32.03117 also requires HHSC by rule to ensure that, to the extent permitted by federal law, a hospital provider who provides outpatient department (OPD) services to a Medicaid recipient is reimbursed separately under Medicaid for any non-opioid treatment provided as part of those services.
SECTION-BY-SECTION
The proposed amendment to §355.8549 adds a new subsection (a), which includes existing language and also changes the word “department” to “Texas Health and Human Services Commission (HHSC)”. The proposed amendment also adds new subsection (b) to require HHSC to separately reimburse hospital providers that provide OPD services for any non-opioid treatments, as defined by Texas Human Resources Code §32.03117, when provided as part of an outpatient department service to a Medicaid recipient.
Amending 26 TAC §260.5, §260.7, to add and define terms used in the amended rules and renumber the paragraphs, as well as add “employment readiness” in subsection (c) to the list of services offered in the DBMD.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER A. DEFINITIONS, DESCRIPTION OF SERVICES, AND EXCLUDED SERVICES
26 TAC §260.5, §260.7
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§260.5, concerning Definitions; 260.7, concerning Description of the Deaf Blind with Multiple Disabilities (DBMD) Program and Community First Choice (CFC); 260.59, concerning Requirements for Home and Community-Based Settings; 260.203, concerning Qualifications of Program Provider Staff; 260.205, concerning Training; 260.341, concerning Employment Services; and 260.357, concerning Non-Billable Time and Activities.
BACKGROUND AND JUSTIFICATION
The proposed amendments ensure compliance with Texas Human Resources Code §32.0755, add by House Bill 4169, 88th Legislature, Regular Session, 2023. Texas Human Resources Code §32.0755 requires HHSC to establish a service similar to prevocational services in HHSC’s §1915(c) Medicaid waiver programs. The proposed amendments implement this new service, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program. The proposed amendments describe employment readiness and the requirements for the provision of employment readiness in the DBMD Program.
SECTION-BY-SECTION
The proposed amendment to §260.5 adds and defines the terms, “employment readiness,” “employment readiness location,” and “job task-oriented” because these terms are used in the amended rules. The proposed amendment renumbers the paragraphs because of the new definitions added.
The proposed amendment to §260.7 adds employment readiness in subsection (c) to the list of services offered in the DBMD Program.
Amending 26 TAC §260.59, to require a program provider to ensure that employment readiness is not provided in the residence of an individual or another person; ensure that an individual has control over the individual’s schedule and activities; food; and visitors of the individual’s choosing at any time; and ensure that the location is physically accessible and free of hazards.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 2. ENROLLMENT PROCESS, PERSON-CENTERED PLANNING, AND REQUIREMENTS FOR SERVICE SETTINGS
26 TAC §260.59
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§260.5, concerning Definitions; 260.7, concerning Description of the Deaf Blind with Multiple Disabilities (DBMD) Program and Community First Choice (CFC); 260.59, concerning Requirements for Home and Community-Based Settings; 260.203, concerning Qualifications of Program Provider Staff; 260.205, concerning Training; 260.341, concerning Employment Services; and 260.357, concerning Non-Billable Time and Activities.
BACKGROUND AND JUSTIFICATION
The proposed amendments ensure compliance with Texas Human Resources Code §32.0755, add by House Bill 4169, 88th Legislature, Regular Session, 2023. Texas Human Resources Code §32.0755 requires HHSC to establish a service similar to prevocational services in HHSC’s §1915(c) Medicaid waiver programs. The proposed amendments implement this new service, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program. The proposed amendments describe employment readiness and the requirements for the provision of employment readiness in the DBMD Program.
SECTION-BY-SECTION
The proposed amendment to §260.59 adds a new subsection (d) to require a program provider to ensure that employment readiness is not provided in the residence of an individual or another person. The proposed amendment adds a new subsection (e) to the rule. Proposed new subsection (e)(1) requires a program provider to ensure that an employment readiness location, allows an individual to control the individual’s schedule and activities, have access to the individual’s food at any time, and have visitors of the individual’s choosing at any time. Proposed new subsection (e)(2) requires a program provider to ensure an employment readiness location is physically accessible and free of hazards to an individual. The proposed amendment adds new subsections (f) and (g) that outline requirements for implementing a modification to a requirement in proposed new subsection (e)(1).
Amending 26 TAC §260.203, §260.205, to add qualifications for a service provider of employment readiness and renumber the remaining subsections, as well as add the employment readiness in subsection (c)(1) and (3)(A), subsection (f)(1)(B) and (C); and subsection (g) to set forth the training requirements for a service provider of employment readiness.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER D. ADDITIONAL PROGRAM PROVIDER PROVISIONS
26 TAC §260.203, §260.205
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§260.5, concerning Definitions; 260.7, concerning Description of the Deaf Blind with Multiple Disabilities (DBMD) Program and Community First Choice (CFC); 260.59, concerning Requirements for Home and Community-Based Settings; 260.203, concerning Qualifications of Program Provider Staff; 260.205, concerning Training; 260.341, concerning Employment Services; and 260.357, concerning Non-Billable Time and Activities.
BACKGROUND AND JUSTIFICATION
The proposed amendments ensure compliance with Texas Human Resources Code §32.0755, add by House Bill 4169, 88th Legislature, Regular Session, 2023. Texas Human Resources Code §32.0755 requires HHSC to establish a service similar to prevocational services in HHSC’s §1915(c) Medicaid waiver programs. The proposed amendments implement this new service, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program. The proposed amendments describe employment readiness and the requirements for the provision of employment readiness in the DBMD Program.
SECTION-BY-SECTION
The proposed amendment to §260.203 adds the qualifications for a service provider of employment readiness in a new subsection (i). Specifically, the required qualifications include being at least 18 years of age; not being the parent, if the individual is under 18 years of age, or the spouse of the individual; having a high school diploma or the equivalent of a high school diploma; and having documentation of a proficiency evaluation of experience and competence to perform the job tasks as further outlined in the rule. The proposed amendment renumbers the remaining subsection after proposed new subsection (i).
The proposed amendment to §260.205 adds employment readiness in subsection (c)(1) and (3)(A); subsection (f)(1)(B) and (C); and subsection (g) to set forth the training requirements for a service provider of employment readiness. Specifically, the proposed training requirements include training and certification on cardiopulmonary resuscitation and choking prevention before assuming job duties; completion of the DBMD Program Service Provider Training as described in subsection (f)(2) of the rule; and training on the needs of an individual.
Amending 26 TAC §260.341, to describe employment readiness.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. SERVICE DESCRIPTIONS AND REQUIREMENTS
DIVISION 3. REQUIREMENTS FOR OTHER DBMD PROGRAM SERVICES
26 TAC §260.341
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§260.5, concerning Definitions; 260.7, concerning Description of the Deaf Blind with Multiple Disabilities (DBMD) Program and Community First Choice (CFC); 260.59, concerning Requirements for Home and Community-Based Settings; 260.203, concerning Qualifications of Program Provider Staff; 260.205, concerning Training; 260.341, concerning Employment Services; and 260.357, concerning Non-Billable Time and Activities.
BACKGROUND AND JUSTIFICATION
The proposed amendments ensure compliance with Texas Human Resources Code §32.0755, add by House Bill 4169, 88th Legislature, Regular Session, 2023. Texas Human Resources Code §32.0755 requires HHSC to establish a service similar to prevocational services in HHSC’s §1915(c) Medicaid waiver programs. The proposed amendments implement this new service, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program. The proposed amendments describe employment readiness and the requirements for the provision of employment readiness in the DBMD Program.
SECTION-BY-SECTION
The proposed amendment to §260.341 adds new subsections (f) – (i) to provide a description of employment readiness. They prescribe what activities are required and prohibited in employment readiness, what services a program provider must provide, what a service provider may not provide, and what factors the program provider must consider related to eligibility and what documentation of eligibility the program provider must maintain, and the provision of employment readiness service to the individual must be supported by an HHSC Employment First Discovery Tool that is completed in accordance with §284.105 of this title (relating to Uniform Process).
Amending §260.357, to add employment readiness in paragraph (8) to exclude employment readiness as a nonbillable activity for travel to and from an individual’s residence.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
26 TAC §260.357
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§260.5, concerning Definitions; 260.7, concerning Description of the Deaf Blind with Multiple Disabilities (DBMD) Program and Community First Choice (CFC); 260.59, concerning Requirements for Home and Community-Based Settings; 260.203, concerning Qualifications of Program Provider Staff; 260.205, concerning Training; 260.341, concerning Employment Services; and 260.357, concerning Non-Billable Time and Activities.
BACKGROUND AND JUSTIFICATION
The proposed amendments ensure compliance with Texas Human Resources Code §32.0755, add by House Bill 4169, 88th Legislature, Regular Session, 2023. Texas Human Resources Code §32.0755 requires HHSC to establish a service similar to prevocational services in HHSC’s §1915(c) Medicaid waiver programs. The proposed amendments implement this new service, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program. The proposed amendments describe employment readiness and the requirements for the provision of employment readiness in the DBMD Program.
SECTION-BY-SECTION
The proposed amendment to §260.357 adds employment readiness in paragraph (8) to exclude employment readiness as a nonbillable activity for travel to and from an individual’s residence.
Amending 26 TAC §262.3, §262.5, to add and define the terms “group setting” and “job task-oriented,” as well as renumber the subsection.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §262.3, §262.5
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services named employment readiness, in the TxHmL Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §262.3 adds and defines the terms “group setting” in new paragraph (25) and the term “job task-oriented” in new paragraph (48) because these new terms are used in the proposed amended rules. The proposed amendment also renumbers the paragraphs in the rule.
The proposed amendment to §262.5, adds a new paragraph (21) in subsection (a), to describe employment readiness. The proposed amendment also renumbers subsection (a).
Amending 26 TAC §262.103, to add employment readiness to the array of TxHmL Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units for the program provider’s registered nurse to perform a comprehensive nursing assessment.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §262.103
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services named employment readiness, in the TxHmL Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §262.103, adds employment readiness in subsection (o)(2)(A)(ii), to the array of TxHmL Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units for the program provider’s registered nurse to perform a comprehensive nursing assessment.
Amending 26 TAC §262.202, to require a program provider to ensure that an individual has control over the individual’s on schedule and activities, food, visitors of the individual’s choosing at any time, is physically accessible, and is free of hazards.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER C. PERSON-CENTERED PLANNING AND SERVICE SETTINGS
26 TAC §262.202
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services named employment readiness, in the TxHmL Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §262.202, adds a new subsection (d)(1) and (2) to the rule. Proposed new subsection (d)(1) requires a program provider to ensure that a group setting allows an individual to control the individual’s own schedule and activities, have access to the individual’s food at any time, and receive visitors of the individual’s choosing at any time. Proposed new subsection (d)(2) requires a program provider to ensure a group setting is physically accessible and free of hazards. The proposed amendment adds new subsections (e), (f), and (g) that outline requirements for implementing a modification to a requirement in proposed new subsection (d)(1).
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER D. DEVELOPMENT AND REVIEW OF AN IPC
26 TAC §262.301, §262.304
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services named employment readiness, in the TxHmL Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §262.301 adds a new paragraph (11) in subsection (c), requiring authorization of employment readiness to be supported by an HHSC Employment First Discovery Tool and be within the service limit described in the proposed amendment to §262.304.
The proposed amendment to §262.304 adds a new paragraph (5) in subsection (a) to establish a combined service limit for employment readiness and individualized skills and socialization.
Amending 26 TAC §262.401, to add employment readiness to the array of TxHmL services that pay in accordance with the reimbursement rate for the service.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER E. REIMBURSEMENT BY HHSC
26 TAC §262.401
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services named employment readiness, in the TxHmL Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §262.401, adds employment readiness in subsection (a)(1)(A), to the array of TxHmL Program services that HHSC pays in accordance with the reimbursement rate for the service. The proposed amendment adds subsection (a)(5)(J) that states HHSC does not pay a program provider for a service or recoups any payments for employment readiness if the program provider did not ensure and maintain documentation in the individual’s record that employment readiness is not available to the individual under §110 of the Rehabilitation Act of 1973 or under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. §1401 et seq.). The proposed amendment also renumbers the remaining subparagraphs in paragraph (5).
Amending 26 TAC §262.701, to add employment readiness to the array of TxHmL services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessments.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER H. LIDDA REQUIREMENTS
26 TAC §262.701
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services named employment readiness, in the TxHmL Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §262.701 adds employment readiness in subsection (j)(6) to the array of TxHmL services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessment. The proposed amendment adds a new subsection (v) which refers to proposed new §262.202(d)(1), to require a service coordinator to update an individual’s person-directed plan with certain information described in paragraphs (1) – (8) if a modification to a service delivered in a group setting is needed.
Amending 26 TAC §263.3, §263.5, to define the term “group setting” and “job-task-oriented,” describe employment readiness, as well as renumber the paragraphs in the rule.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §263.3, §263.5
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §263.3 adds and defines the terms “group setting” in new paragraph (36) and the term “job task-oriented” in new paragraph (56) because these new terms are used in the proposed amended rules. The proposed amendment also renumbers the paragraphs in the rule.
The proposed amendment to §263.5 adds a new paragraph (26) in subsection (a), to describe employment readiness. The proposed amendment also renumbers subsection (a).
Amending 26 TAC §263.104, to add employment readiness to the array of HCS Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units to perform a comprehensive nursing assessment.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §263.104
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §263.104 adds employment readiness in subsection (k)(9), to the array of HCS Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units for the program provider’s registered nurse to perform a comprehensive nursing assessment. In subsection (k)(10)(A)(ii), employment readiness is added to the list of HCS Program services which a service coordinator must inform the applicant or legally authorized representative (LAR) the applicant they may not be able to receive if enough registered nursing units for a comprehensive nursing assessment are not included in the initial IPC.
OVERVIEW
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER D. DEVELOPMENT AND REVIEW OF AN IPC
26 TAC §263.301, §263.304
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §263.301 adds a new paragraph (15) in subsection (c), requiring authorization of employment readiness to be supported by an HHSC Employment First Discovery Tool and be within the service limit described in the proposed amendment to §263.304.
The proposed amendment to §263.304 adds a new paragraph (7) in subsection (a), to establish a combined service limit for employment readiness and individualized skills and socialization.
Amending 26 TAC §263.501, to require a program provider to ensure that a group setting allows an individual to control the individual’s own schedule and activities, have access to the individual’s food at any time, and receive visitors of the individual’s choosing at any time, as well as ensure a group setting is physically accessible and free of hazards.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER F. REQUIREMENTS FOR SERVICE SETTINGS AND PROGRAM PROVIDER OWNED OR CONTROLLED RESIDENTIAL SETTINGS
26 TAC §263.501
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §263.501 adds a new subsection (d)(1) and (2) to the rule. Proposed new subsection (d)(1) requires a program provider to ensure that a group setting allows an individual to control the individual’s own schedule and activities, have access to the individual’s food at any time, and receive visitors of the individual’s choosing at any time. Proposed new subsection (d)(2) requires a program provider to ensure a group setting is physically accessible and free of hazards. The proposed amendment adds new subsections (e), (f), and (g) that outline requirements for implementing a modification to a requirement in proposed new subsection (d)(1).
Amending 26 TAC §263.601, to add employment readiness to the array of HSC Program services that HHSC pays in accordance with the individual’s LON and reimbursement rate for the service.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER G. REIMBURSEMENT BY HHSC
26 TAC §263.601
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §263.601, adds employment readiness in paragraph (1)(B), to the array of HCS Program services that HHSC pays in accordance with the individual’s LON and reimbursement rate for the service. The proposed amendment adds employment readiness in a new subparagraph (H) in paragraph (3) as an HCS Program service a program provider may bill for if provided on the first day of the individual’s suspension or termination. The proposed amendment adds a new subparagraph (E) in paragraph (5) that states HHSC does not pay for employment readiness if the program provider did not ensure and maintain documentation in the individual’s record that employment readiness is not available to the individual under §110 of the Rehabilitation Act of 1973 or under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. §1401 et seq.). The proposed amendment also renumbers the remaining subparagraphs in paragraphs (3) and (5).
Amending 26 TAC §263.901, to require a service coordinator to update an individual’s person-directed plan if a modification to a service provided in a group setting is needed as well as add employment readiness to the array of HCS services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessment.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER J. LIDDA REQUIREMENTS
26 TAC §263.901
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendments is to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The proposed amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
SECTION-BY-SECTION
The proposed amendment to §263.901 in subsection (e)(21), adds a reference to proposed new §263.501(d)(1), to require a service coordinator to update an individual’s person-directed plan if a modification to a service delivered in a group setting is needed. Additionally, the proposed amendment adds employment readiness in subsection (e)(22) to the array of HCS services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessment.
Amending 26 TAC §564.39, to outline the substance misuse educational program requirements that a residential CDTF may use as an equivalent program to an educational program approved by TDLR.
CHAPTER 564. CHEMICAL DEPENDENCY TREATMENT FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §564.39
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §564.39, concerning Dangers of Substance Misuse Educational Program Requirements.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to comply with and implement House Bill (H.B.) 5183, 88th Legislature, Regular Session, 2023. H.B. 5183 amended Texas Transportation Code Chapter 521 and, in part, requires HHSC to approve a substance misuse educational program that a residential chemical dependency treatment facility (CDTF) licensed under Texas Health and Safety Code Chapter 464 may provide to an individual whose driver’s license was suspended under Transportation Code §521.372. Such educational program must be equivalent to an educational program approved by the Texas Department of Licensing and Regulation (TDLR) under Texas Government Code Chapter 171. The proposed new rule is required for the qualification and approval of equivalent education programs required by Texas Transportation Code §521.374(a-1).
SECTION-BY-SECTION
Proposed new §564.39 outlines the substance misuse educational program requirements that a residential CDTF may use as an equivalent program to an educational program approved by TDLR under Texas Government Code Chapter 171.
Subsection (a) of the rule outlines the purpose of this rule section is to establish requirements for an educational program on the dangers of substance misuse.
Subsection (b) of the rule establishes that the educational program in this section is equivalent to an educational program approved by TDLR.
Subsection (c) of the rule allows a CDTF to provide the educational program under this section either in person or online.
Subsection (d) of the rule requires the curriculum for an educational program provided under this section to include at least the listed 15 key elements.
Subsection (e) of the rule requires a CDTF that provides an online version of an educational program under this section to comply with Texas Administrative Code Title 26 §564.911, relating to Treatment Services Provided by Electronic Means.
Subsection (f) of the rule requires a CDTF that provides an in-person version of an educational program under this section to conduct the course at the CDTF’s physical location.
Subsection (g) of the rule requires a CDTF to make provisions for residents who are unable to read or speak English and requires the CDTF to offer separate courses for each language.
Subsection (h) of the rule outlines the requirements for an individual to serve as an instructor.
Subsection (i) of the rule requires a single instructor to teach the entire course and document all information related to the resident completing the course in the resident’s client record.
Subsection (j) of the rule outlines the requirements an instructor must follow when providing an educational program under this section.
Subsection (k) of the rule requires the educational program to consist of at least 15 hours of class instruction per course and five class modules of instruction per course.
Subsection (l) of the rule requires a CDTF to create, issue, and maintain a record of certificates of completion. The proposed new subsection also outlines the minimum formatting requirements and outlines the informational requirements a certificate of completion must contain.
Subsection (m) of the rule clarifies that HHSC may determine compliance with this section during an inspection or investigation of a CDTF that offers an educational program described by this section.
Subsection (n) of the rule notes HHSC and the Department of Public Safety must jointly adopt rules for the qualification and approval of an educational program a CDTF provides under this section and states HHSC will solicit input from the Texas Department of Public Safety during the rulemaking process.
Adopted Rules Re:
Adopting 1 TAC §371.1723, to explain the types and procedures for retrospective payment reviews.
CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
SUBCHAPTER G. ADMINISTRATIVE ACTIONS AND SANCTIONS
DIVISION 3. ADMINISTRATIVE ACTIONS AND SANCTIONS
1 TAC §371.1723
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), adopts in the Texas Administrative Code (TAC), Title 1, Part 15, Chapter 371, Subchapter G, Division 3, new §371.1723, concerning Recoupment of Overpayments Identified by Retrospective Payment Review.
New §371.1723 is adopted without changes to the proposed text as published in the February 16, 2024, issue of the Texas Register (49 TexReg 827). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
New §371.1723 describes the OIG’s retrospective payment review procedures related to records requests, review processes, notices, and due process.
Texas Government Code §531.102 authorizes OIG to conduct reviews related to the provision and delivery of all health and human services in Texas to identify fraud, waste, or abuse.
Adopting 26 TAC §745.8483, §745.8497, to classify certain information as confidential and the exceptions to the confidentiality requirements.
CHAPTER 745. LICENSING
SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY
DIVISION 3. CONFIDENTIAL RECORDS
26 TAC §745.8483, §745.8497
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §745.8483, concerning What portions of a child care record are confidential, and new §745.8497, concerning What confidentiality requirements apply to a person who is an applicant for a permit, a permit holder, or a former permit holder.
The amendment to §745.8483 and new §745.8497 are adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2954). The rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment and new section are necessary to implement Senate Bill (S.B.) 510 and a portion of House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023.
S.B. 510 added §552.11765 to Texas Government Code to require a state licensing authority to make confidential certain information regarding an applicant for a permit, permit holder, or former permit holder. Accordingly, HHSC Child Care Regulation (CCR) is adopting (1) a new rule that describes the confidentiality requirements that apply to an applicant for a permit, a permit holder, or a former permit holder; and (2) an amended rule that describes the confidential portions of a child care record to include a cross-reference to the new rule.
H.B. 4696 amended Texas Health and Safety Code §253.001(4) and Texas Human Resources Code §48.251(a)(3) and §48.252(b) and (c) to specify that HHSC Long-Term Care Regulation Provider Investigations (HHSC PI) is responsible for investigating an allegation of abuse, neglect, and exploitation of an elderly person or adult with a disability who resides in a residential child-care facility. Accordingly, CCR is adopting an amended rule to add to the list of confidential information in a child care record any information that would interfere with an HHSC PI investigation if the information were released. Only a portion of H.B. 4696 is being implemented as part of this rule project; a separate project will complete the rule development to implement the bill.
Adopted Rule Reviews Re:
Adopting the review of Title 26, Part 1, concerning Intermediate Care Facilities for Individuals with An Intellectual Disability or Related Conditions (ICF/IID) Program–Contracting.
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 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 261, Intermediate Care Facilities for Individuals with An Intellectual Disability or Related Conditions (ICF/IID) Program–Contracting
In Addition Re:
Notice of Public Hearing on Proposed Payment Rates for the Title V Maternal and Child Health Fee-for-Services (MCH FFS) Program
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 16, 2024, at 9:00 a.m., to receive public comments on proposed updates to payment rates for the Title V program.
Texas State Board of Examiners of Psychologists
Proposed Rules Re:
Amending 22 TAC §463.25, to repeal the addition of a Health Service Psychologist Specialty Certification.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER D. SPECIALTY CERTIFICATIONS
22 TAC §463.25
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists proposes the repeal of §463.25, relating to Health Service Psychologist Specialty Certification.
BACKGROUND AND JUSTIFICATION
This rule is proposed to be repealed, as the addition of a Health Service Psychologist Specialty Certification onto a psychologist’s license no longer provides a meaningful public benefit necessitating regulation by the Council.
Texas State Board of Social Worker Examiners
Proposed Rules Re:
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.302
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.302, relating to The Practice of Social Work.
BACKGROUND AND JUSTIFICATION
The proposed amendments are intended to clarify under what supervision an LMSW may practice clinical social work. The amendments would also remove restrictions on the locations an LBSW or LMSW may practice from, while preserving restrictions on LBSWs and LMSWs authorization to practice independently.
Texas State Board of Marriage and Family Therapists
Proposed Rules Re:
Amending 22 TAC §801.114, to establish that an applicant with a deficiency in their pre-graduate internship to cure that deficiency under licensed supervised experience to receive a license.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.114
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.114, relating to Academic Course Content.
BACKGROUND AND JUSTIFICATION
The proposed amendments are intended to align the Council’s licensing rules better with Chapter 502 of the Occupations Code. Following review of its rules as part of its quadrennial rule-review process, the Council has determined statute does not support issuing a license to an applicant with a deficiency in their pre-graduate internship and allowing that deficiency to be cured under licensed supervised experience.
Amending 22 TAC §801.115, to establish that out-of-state applicants have not met Texas academic licensing requirements based solely on holding a license in another jurisdiction.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.115
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes the repeal of §801.115, relating to Academic Requirements and Supervised Clinical Internship Equivalency for Applicants Currently Licensed as an LMFT in Another Jurisdiction.
BACKGROUND AND JUSTIFICATION
This rule is proposed to be repealed, so that the Council’s licensing rules better align with Chapter 502 of the Occupations Code. Following review of its rules as part of its quadrennial rule-review process, the Council has determined statute does not support considering out-of-state applicants to have met Texas academic licensing requirements based solely on holding a license in another jurisdiction.
Amending 22 TAC §801.142, to change the amount of telephone supervision hours that may be counted toward licensure.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.142, relating to Supervised Clinical Experience Requirements and Conditions.
BACKGROUND AND JUSTIFICATION
The proposed amendments are intended to change the amount of supervision hours provided by telephone that may be counted toward licensure. The proposed amendments are also meant to align the Council’s licensing rules better with Chapter 502 of the Occupations Code. Following review of its rules as part of its quadrennial rule-review process, the Council has determined statute does not support allowing excess graduate internship hours to be counted toward licensed supervised experience requirements. The Council proposed grandfathering this rule change for candidates already enrolled in a degree program as of September 1, 2025. The Council also determined statute does not support considering out-of-state applicants to have met Texas supervised experience requirements based solely on holding a license in another jurisdiction and proposed repeal of this section.
Amending 22 TAC §801.201, to create a temporary Texas license for marriage and family therapists who are licensed to practice independently in another jurisdiction.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.201
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes new §801.201, relating to Temporary License.
BACKGROUND AND JUSTIFICATION
The proposed new rule creates a temporary Texas license for marriage and family therapists who are licensed to practice independently in another jurisdiction. Temporary license holders are allowed to use this license for up to thirty (30) days within one year from the date of issuance, and the thirty days are not required to be consecutive. Temporary license holders are required to report the use of this license after utilizing the full thirty days or the expiration of one year from licensure, whichever occurs first.
Texas Behavioral Health Executive Council
Proposed Rules Re:
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.14
OVERVIEW
The Texas Behavioral Health Executive Council proposes new §882.14, relating to Petition for Waiver or Remediation of Deficiency.
BACKGROUND AND JUSTIFICATION
The proposed new rule authorizes the Council through its member boards to accept remediation of any licensing requirement that is not required by statute or federal law.
Amending 22 TAC §882.21, to update the definitions of inactive and delinquent licenses to ensure a license with a pending disciplinary complaint or investigation does not expire until after the complaint has been resolved.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER B. LICENSE
22 TAC §882.21
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §882.21, relating to License Statuses.
BACKGROUND AND JUSTIFICATION
The proposed amendments update the definition of inactive and delinquent licenses to ensure a license with a pending disciplinary complaint or investigation does not expire until after the complaint has been resolved. The amendments also clarifies which licenses statuses allow practice and the process for requesting retirement of a license.
Amending 22 TAC §884.10, to allow Council staff to close a complaint without investigation when it lacks sufficient evidence of a violation or where the complainant is uncooperative.
CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER B. INVESTIGATIONS AND DISPOSITION OF COMPLAINTS
22 TAC §884.10
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §884.10, relating to Investigation of Complaints.
BACKGROUND AND JUSTIFICATION
The proposed amendments are intended to allow Council staff to close without investigation a complaint that lacks sufficient evidence to identify a violation or where the complainant is uncooperative.
Amending 22 TAC §884.60, to repeal and replace this rule with a new rule relating to depositions, subpoenas, and witnesses.
CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER H. CONTESTED CASES
22 TAC §884.60
OVERVIEW
The Texas Behavioral Health Executive Council proposes the repeal of §884.60, relating to Witness Fees.
BACKGROUND AND JUSTIFICATION
This rule is proposed to be repealed and replaced with a new rule relating to depositions, subpoenas, and witnesses that is proposed elsewhere in this issue of the Texas Register.
Amending 22 TAC §884.60, to clarify agency procedures when issuing subpoenas and commissions for depositions during a contested case at SOAH.
CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER H. CONTESTED CASES
22 TAC §884.60
OVERVIEW
The Texas Behavioral Health Executive Council proposes new §884.60, relating to Depositions, Subpoenas, and Witness Expenses.
BACKGROUND AND JUSTIFICATION
The proposed new rule is intended to clarify agency procedures for the issuance of subpoenas and commissions for depositions during a contested case at SOAH.
CHAPTER 885. FEES
22 TAC §885.1
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §885.1, relating to Executive Council Fees.
BACKGROUND AND JUSTIFICATION
The proposed amendments are intended to clarify that only individuals eligible to reinstate an expired license may apply for reinstatement. In addition, the amendments clarify the requirements for receiving waiver of licensing and examination fees for military service-related applicants. The proposed amendments remove fees for an LMFT Associate license renewal or extension, which are no longer authorized under agency rules, and for a mailing list the agency no longer provides. Another rule proposal would create a temporary MFT licenses, so a $103 fee is established. The proposed amendments clarify fee components for application to upgrade an LMFT Associate license, for reciprocity psychology applications, and for examinations.
Texas Department of State Health Services
Proposed Rules Re:
Amending 25 TAC §157.2, to integrate terminology for the RACs, emergency medical systems, trauma facilities, stroke facilities, and current national standards into Definitions.
CHAPTER 157. EMERGENCY MEDICAL CARE
SUBCHAPTER A. EMERGENCY MEDICAL SERVICES – PART A
25 TAC §157.2
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §157.2, concerning Definitions; §157.125, concerning Requirements for Trauma Facility Designation; and §157.128, concerning Denial, Suspension, and Revocation of Trauma Facility Designation; the repeal of §157.123, concerning Regional Emergency Medical Services/Trauma Systems; §157.130, concerning Emergency Medical Services and Trauma Care System Account and Emergency Medical Services, Trauma Facilities, and Trauma Care System Fund; and §157.131, concerning Designated Trauma Facility and Emergency Medical Services Account; and new §157.123, concerning Regional Advisory Councils; §157.126, concerning Trauma Facility Designation Requirements Effective on September 1, 2025; and §157.130, concerning Funds for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems, and the Designated Trauma Facility and Emergency Medical Services Account.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the content and processes with the advances, evidence-based practices, and system processes that have developed since these rules were adopted and to align with American College of Surgeons (ACS) standards. The rules also require amendments to implement legislation passed since the rules were last adopted. Senate Bill (S.B.) 330, 79th Legislature, Regular Session, 2005, amends Texas Health and Safety Code Chapter 773, Subchapter H, §773.203, requiring the development of regional stroke plans. House Bill (H.B.) 15, 83rd Legislature, Regular Session, 2013, and H.B. 3433, 84th Legislature, Regular Session, 2015, amends Texas Health and Safety Code Chapter 241, §241.183, requiring the development of perinatal care regions. S.B. 984, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 81, §81.027, directing the Regional Advisory Councils (RACs) to collect specific health care data. S.B. 969, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 81, §81.0445, requiring the RACs provide public information regarding public health disasters to stakeholders. S.B. 1397, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 773, §773.1141, requiring a RAC with at least one county located on the international border of Texas and at least one county adjacent to the Gulf of Mexico to track all patient transfers and the reason for the transfer out of its region.
A previous rule proposal was published in the January 19, 2024, issue of the Texas Register. The formal comment period on that proposal ended on February 20, 2024. Nearly 4,000 public comments were received. The major themes identified in the formal public comments included the following: align the trauma facility designation with the ACS standards and processes, provide 12 to 18 months for trauma facilities to prepare for the new rules before implementing the proposed rules, decrease the overall burden of cost for trauma facility designation, and decrease cost burden for the rural trauma facilities to maintain their designation.
To effectively address the public comments including implementation timelines, DSHS was required to withdraw that rule proposal. The notice providing that the proposed rules are withdrawn was published in the May 10, 2024, issue of the Texas Register. DSHS now proposes these amendments, repeals, and new rules in response to public and stakeholder comments.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §157.2, concerning Definitions, integrates terminology for the RACs, emergency medical systems, trauma facilities, stroke facilities and current national standards. The definitions reflect terms for the trauma and emergency health care system, emergency medical services (EMS), trauma center management, and stroke center management.
Amending 25 TAC §§157.123, 157.130, 157.131, to repeal and replace with a new §157.123.
CHAPTER 157. EMERGENCY MEDICAL CARE
SUBCHAPTER G. EMERGENCY MEDICAL SERVICES TRAUMA SYSTEMS
25 TAC §§157.123, 157.130, 157.131
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §157.2, concerning Definitions; §157.125, concerning Requirements for Trauma Facility Designation; and §157.128, concerning Denial, Suspension, and Revocation of Trauma Facility Designation; the repeal of §157.123, concerning Regional Emergency Medical Services/Trauma Systems; §157.130, concerning Emergency Medical Services and Trauma Care System Account and Emergency Medical Services, Trauma Facilities, and Trauma Care System Fund; and §157.131, concerning Designated Trauma Facility and Emergency Medical Services Account; and new §157.123, concerning Regional Advisory Councils; §157.126, concerning Trauma Facility Designation Requirements Effective on September 1, 2025; and §157.130, concerning Funds for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems, and the Designated Trauma Facility and Emergency Medical Services Account.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the content and processes with the advances, evidence-based practices, and system processes that have developed since these rules were adopted and to align with American College of Surgeons (ACS) standards. The rules also require amendments to implement legislation passed since the rules were last adopted. Senate Bill (S.B.) 330, 79th Legislature, Regular Session, 2005, amends Texas Health and Safety Code Chapter 773, Subchapter H, §773.203, requiring the development of regional stroke plans. House Bill (H.B.) 15, 83rd Legislature, Regular Session, 2013, and H.B. 3433, 84th Legislature, Regular Session, 2015, amends Texas Health and Safety Code Chapter 241, §241.183, requiring the development of perinatal care regions. S.B. 984, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 81, §81.027, directing the Regional Advisory Councils (RACs) to collect specific health care data. S.B. 969, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 81, §81.0445, requiring the RACs provide public information regarding public health disasters to stakeholders. S.B. 1397, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 773, §773.1141, requiring a RAC with at least one county located on the international border of Texas and at least one county adjacent to the Gulf of Mexico to track all patient transfers and the reason for the transfer out of its region.
A previous rule proposal was published in the January 19, 2024, issue of the Texas Register. The formal comment period on that proposal ended on February 20, 2024. Nearly 4,000 public comments were received. The major themes identified in the formal public comments included the following: align the trauma facility designation with the ACS standards and processes, provide 12 to 18 months for trauma facilities to prepare for the new rules before implementing the proposed rules, decrease the overall burden of cost for trauma facility designation, and decrease cost burden for the rural trauma facilities to maintain their designation.
To effectively address the public comments including implementation timelines, DSHS was required to withdraw that rule proposal. The notice providing that the proposed rules are withdrawn was published in the May 10, 2024, issue of the Texas Register. DSHS now proposes these amendments, repeals, and new rules in response to public and stakeholder comments.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §157.123, concerning Regional Emergency Medical Services/Trauma Systems, is replaced with new §157.123, concerning Regional Advisory Councils.
The proposed repeal of §157.130, concerning Emergency Medical Services and Trauma Care System Account and Emergency Medical Services, Trauma Facilities, and Trauma Care System Fund, and the proposed repeal of §157.131, concerning Designated Trauma Facility and Emergency Medical Services Account, are necessary to integrate the rule text in new §157.130, concerning Funds for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems, and the Designated Trauma Facility and Emergency Medical Services Account. New §157.130 integrates the subdivision of a fund under Texas Health and Safety Code Chapter 780; reorganizes all funding requirements specific to the EMS allocation; and describes how EMS providers may contribute funds for a specified purpose within a trauma service area (TSA).
Amending 157.123, 157.125, 157.126, 157.128, 157.130, to define additional requirements and functions of the RACs; require RACs to track and collect specific health care data to enhance emergency response planning and preparedness; clarify that all designation surveys conducted on or before August 31, 2025, will meet the requirements of §157.125; allow a facility under a multi-location license to not be designated; include other clarifying changes; remove certain figures; define trauma facility designation requirements to align with national standards; update reasons why a facility designation may be denied, suspended, or revoked, and repeal § 157.130.
CHAPTER 157. EMERGENCY MEDICAL CARE
SUBCHAPTER G. EMERGENCY MEDICAL SERVICES TRAUMA SYSTEMS
25 TAC §§157.123, 157.125, 157.126, 157.128, 157.130
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §157.2, concerning Definitions; §157.125, concerning Requirements for Trauma Facility Designation; and §157.128, concerning Denial, Suspension, and Revocation of Trauma Facility Designation; the repeal of §157.123, concerning Regional Emergency Medical Services/Trauma Systems; §157.130, concerning Emergency Medical Services and Trauma Care System Account and Emergency Medical Services, Trauma Facilities, and Trauma Care System Fund; and §157.131, concerning Designated Trauma Facility and Emergency Medical Services Account; and new §157.123, concerning Regional Advisory Councils; §157.126, concerning Trauma Facility Designation Requirements Effective on September 1, 2025; and §157.130, concerning Funds for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems, and the Designated Trauma Facility and Emergency Medical Services Account.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the content and processes with the advances, evidence-based practices, and system processes that have developed since these rules were adopted and to align with American College of Surgeons (ACS) standards. The rules also require amendments to implement legislation passed since the rules were last adopted. Senate Bill (S.B.) 330, 79th Legislature, Regular Session, 2005, amends Texas Health and Safety Code Chapter 773, Subchapter H, §773.203, requiring the development of regional stroke plans. House Bill (H.B.) 15, 83rd Legislature, Regular Session, 2013, and H.B. 3433, 84th Legislature, Regular Session, 2015, amends Texas Health and Safety Code Chapter 241, §241.183, requiring the development of perinatal care regions. S.B. 984, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 81, §81.027, directing the Regional Advisory Councils (RACs) to collect specific health care data. S.B. 969, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 81, §81.0445, requiring the RACs provide public information regarding public health disasters to stakeholders. S.B. 1397, 87th Legislature, Regular Session, 2021, amends Texas Health and Safety Code Chapter 773, §773.1141, requiring a RAC with at least one county located on the international border of Texas and at least one county adjacent to the Gulf of Mexico to track all patient transfers and the reason for the transfer out of its region.
A previous rule proposal was published in the January 19, 2024, issue of the Texas Register. The formal comment period on that proposal ended on February 20, 2024. Nearly 4,000 public comments were received. The major themes identified in the formal public comments included the following: align the trauma facility designation with the ACS standards and processes, provide 12 to 18 months for trauma facilities to prepare for the new rules before implementing the proposed rules, decrease the overall burden of cost for trauma facility designation, and decrease cost burden for the rural trauma facilities to maintain their designation.
To effectively address the public comments including implementation timelines, DSHS was required to withdraw that rule proposal. The notice providing that the proposed rules are withdrawn was published in the May 10, 2024, issue of the Texas Register. DSHS now proposes these amendments, repeals, and new rules in response to public and stakeholder comments.
SECTION-BY-SECTION SUMMARY
New §157.123 implements H.B. 15, H.B. 3433, S.B. 330, S.B. 969, S.B. 984, and S.B. 1397, and defines additional requirements and functions of the RACs; develops a system of stroke survival, creating a process for stroke designation and regional stroke system plans; develops perinatal care regions to develop perinatal systems of care; requires a specific RAC (Lower Rio Grande Valley RAC) to track all patient transfers out of the identified RAC and the reasons for the transfer; and requires all RACs to collect specific health care data to facilitate emergency response planning and preparedness and to provide public information regarding public health disasters to stakeholders. Figure 25 TAC §157.123(c) is deleted.
The proposed amendment to §157.125, concerning Requirements for Trauma Facility Designation, clarifies that all designation surveys conducted on or before August 31, 2025, will meet the requirements of §157.125, allows a facility under a multi-location license to not be designated, and includes other clarifying changes. The following figures are deleted.
Figure: 25 TAC §157.125(x)
Figure: 25 TAC §157.125(x)(1)
Figure: 25 TAC §157.125(x)(2)
Figure: 25 TAC §157.125(y)
Figure: 25 TAC §157.125(y)(1)
Figure: 25 TAC §157.125(y)(2)
The content from figures 25 TAC §157.125(x) and 25 TAC §157.125(y) have been updated and incorporated into the rule text of §157.125(x) and §157.125(y), respectively.
Proposed new §157.126, concerning Trauma Facility Designation Requirements Effective on September 1, 2025, will apply to all designation surveys conducted on or after September 1, 2025. The section defines the requirements hospitals must meet to achieve trauma facility designation aligning with the national standards for trauma centers as outlined by the ACS; requires Level IV facilities evaluating and admitting 101 or more patients meeting National Trauma Data Back (NTDB) registry inclusion criteria meet the most current ACS criteria in addition to the state trauma requirements; and requires Level IV facilities evaluating and admitting 100 or less trauma patients meeting NTDB registry inclusion criteria meet the state trauma requirements to achieve designation.
The proposed amendment to §157.128, concerning Denial, Suspension, and Revocation of Trauma Facility Designation, updates the reasons why a facility designation may be denied, suspended, or revoked and describes the appeal process.
New §157.130 integrates the subdivision of a fund under Texas Health and Safety Code Chapter 780; reorganizes all funding requirements specific to the EMS allocation; and describes how EMS providers may contribute funds for a specified purpose within a trauma service area (TSA).
Amending 25 TAC §181.22, to clarify, delete, renumber, or add fees for different services regarding the fee for a copy or research copy of a birth, death, or fetal death record.
CHAPTER 181. VITAL STATISTICS
SUBCHAPTER B. VITAL RECORDS
25 TAC §181.22
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §181.22, concerning Fees Charged for Vital Records Services; and the repeal of §181.35, concerning Parental Consent of Underage Applicants to Marriage.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to clarify and enhance the transparency of Vital Statistics fees in rule and to repeal outdated rules identified during the rule review process.
The amendment to §181.22 consolidates fees charged for vital records services to clearly state each fee amount. Currently, the public must add together separate fees to get the total fee for a vital record. There is no fee increase with this consolidation.
The expedited service fee, which shortens processing time, is available if the applicant chooses to pay the extra sum. The expedited service fee will increase from $5 to $25 per application. The current fee has not increased in 33 years and does not cover the costs for the service. The public does not need to pay this fee to obtain a vital record.
The amendment includes longstanding services being provided but were not listed in rule.
Section 181.35 is being repealed to comply with Senate Bill 1705, 85th Legislature, Regular Session, 2017, that repealed the statutory authority in the Texas Family Code §2.102.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §181.22 (1) clarifies the fee for a copy or research copy of a birth, death, or fetal death record; 2) deletes the surcharge fee for searching and issuing each certified copy of a birth certificate because it was consolidated in the service fee; 3) renumbers and simplifies language of the fee for an heirloom birth certificate, the fee for a heirloom wedding anniversary certificate, the fee for a search of a vital record, and the fee for a birth verification, marriage verification, divorce verification, or death verification; 4) adds the fees for existing services which were not previously included in rule; 5) renumbers and simplifies language of the fee for an identification of the court that granted an adoption and for an amendment to a birth, death, or fetal death record; 6) renumbers and simplifies language of the fee for a new birth record based on adoption or parentage determination, the fee for a delayed record of birth, the fee for an inquiry of the paternity registry, the fee for an inquiry of the Acknowledgment of Paternity Registry, and the fee for enrolling in the Central Adoption Registry; 7) increases the fee and simplifies language of the fee for expedited service; 8) renumbers and simplifies language of the disinterment permit, waived fee for an applicant obtaining an election identification certificate, and the waived fee for applicants who are a victim, or child of a victim, of dating or family violence.
Repealing §181.35, to delete the rule as the rule is no longer necessary.
CHAPTER 181. VITAL STATISTICS
SUBCHAPTER B. VITAL RECORDS
§181.35
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §181.22, concerning Fees Charged for Vital Records Services; and the repeal of §181.35, concerning Parental Consent of Underage Applicants to Marriage.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to clarify and enhance the transparency of Vital Statistics fees in rule and to repeal outdated rules identified during the rule review process.
The amendment to §181.22 consolidates fees charged for vital records services to clearly state each fee amount. Currently, the public must add together separate fees to get the total fee for a vital record. There is no fee increase with this consolidation.
The expedited service fee, which shortens processing time, is available if the applicant chooses to pay the extra sum. The expedited service fee will increase from $5 to $25 per application. The current fee has not increased in 33 years and does not cover the costs for the service. The public does not need to pay this fee to obtain a vital record.
The amendment includes longstanding services being provided but were not listed in rule.
Section 181.35 is being repealed to comply with Senate Bill 1705, 85th Legislature, Regular Session, 2017, that repealed the statutory authority in the Texas Family Code §2.102.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §181.35 deletes the rule as the rule is no longer necessary.
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 1, concerning General Sanitation.
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 265, General Sanitation
State Office of Administrative Hearings
Adopted Rules Re:
Adopting 1 TAC §167.1, §167.3, to repeal the sections concerning the general purpose, scope, and definitions.
CHAPTER 167. DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES
SUBCHAPTER A. GENERAL
1 TAC §167.1, §167.3
OVERVIEW
The State Office of Administrative Hearings (SOAH) adopts the repeal of Title I, Chapter 167 in its entirety concerning the Dispute Resolution Process Applicable to Certain Consumer Health Benefits Disputes. This includes the repeal of Subchapter A, General, §167.1 and §167.3; Subchapter B, Initiating Appointment of a Mediator, §167.51; Subchapter C, Mediator, §§167.101, 167.103, 167.105, 167.107, and 167.109; Subchapter D, Post Mediation Reports, §167.151; and Subchapter E, Special Judges, §§167.201, 167.203, 167.205, 167.207, and 167.209.
The repeal is adopted without changes to the proposed text as published in the May 24, 2024, issue of the Texas Register (49 TexReg 3667), and the repeals will not be republished. The public comment period closed on June 24, 2024, and SOAH did not receive any comments.
CHAPTER 167. DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES
SUBCHAPTER B. INITIATING APPOINTMENT OF A MEDIATOR
1 TAC §167.51
OVERVIEW
The State Office of Administrative Hearings (SOAH) proposes the repeal of Title I, Chapter 167 in its entirety concerning the Dispute Resolution Process Applicable to Certain Consumer Health Benefits Disputes.
Adopting 1 TAC §§167.101, 167.103, 167.105, 167.107, 167.109, to repeal the sections concerning mediator qualifications, the roster of mediators, mediator roster updates, withdrawals, and fee arrangements, appointments of a mediator, and mediator duties and responsibilities.
CHAPTER 167. DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES
SUBCHAPTER C. MEDIATOR
1 TAC §§167.101, 167.103, 167.105, 167.107, 167.109
OVERVIEW
The State Office of Administrative Hearings (SOAH) proposes the repeal of Title I, Chapter 167 in its entirety concerning the Dispute Resolution Process Applicable to Certain Consumer Health Benefits Disputes.
Adopting 1 TAC §167.151, to repeal the sections concerning a mediator’s reports following mediation.
CHAPTER 167. DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES
SUBCHAPTER D. POST MEDIATION REPORTS
1 TAC §167.151
OVERVIEW
The State Office of Administrative Hearings (SOAH) proposes the repeal of Title I, Chapter 167 in its entirety concerning the Dispute Resolution Process Applicable to Certain Consumer Health Benefits Disputes.
Adopting 1 TAC §§167.201, 167.203, 167.205, 167.207, 167.209, to repeal the sections concerning special judge qualifications, the order of referral to a special judge, the roster of special judges, the appointment of a special judge, and the special judge roster update, withdrawal, and fee arrangement.
CHAPTER 167. DISPUTE RESOLUTION PROCESSES APPLICABLE TO CERTAIN CONSUMER HEALTH BENEFIT DISPUTES
SUBCHAPTER E. SPECIAL JUDGES
1 TAC §§167.201, 167.203, 167.205, 167.207, 167.209
OVERVIEW
The State Office of Administrative Hearings (SOAH) proposes the repeal of Title I, Chapter 167 in its entirety concerning the Dispute Resolution Process Applicable to Certain Consumer Health Benefits Disputes.
Adopted Rule Reviews Re:
Adopting the review of Title 1, Part 7, concerning the Rules of Procedure; Arbitration Procedures for Certain Enforcement Actions of the Department of Aging and Disability Services Regarding Assisted Living Facilities; Temporary Administrative Law Judges; General Administration; Requests for Records; Arbitration Procedures for Certain Enforcement Actions of the Texas Department of Aging and Disability Services Regarding Convalescent and Nursing Homes; Rules of Procedure for Appraisal Review Board Appeals.
The Texas State Office of Administrative Hearings (SOAH) files this notice of re-adoption of the following chapters contained in Title 1, Part 7 of the Texas Administrative Code:
Chapter 155. Rules of Procedure
Chapter 156. Arbitration Procedures for Certain Enforcement Actions of the Department of Aging and Disability Services Regarding Assisted Living Facilities
Chapter 157. emporary Administrative Law Judges
Chapter 160. General Administration
Chapter 161. Requests for Records
Chapter 163. Arbitration Procedures for Certain Enforcement Actions of the Texas Department of Aging and Disability Services Regarding Convalescent and Nursing Homes
Chapter 165. Rules of Procedure for Appraisal Review Board Appeals
Teacher Retirement System of Texas
Adopted Rules Re:
CHAPTER 41. HEALTH CARE AND INSURANCE PROGRAMS
SUBCHAPTER A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)
34 TAC §41.17
OVERVIEW
The Board of Trustees of the Teacher Retirement System of Texas (TRS) adopts new §41.17 (relating to Limited-time Enrollment Opportunity for Medicare-eligible Retirees) under Subchapter A (relating to Retiree Health Care Benefits (TRS-CARE)) of Chapter 41 in Part 3 of Title 34 of the Texas Administrative Code without changes to the text as originally published in the May 31, 2024, issue of the Texas Register (49 TexReg 3917). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The trust fund of the Texas Public School Retired Employees Group Benefits Program (“TRS-Care”), administered under Chapter 1575 of the Insurance Code, experienced growth in recent years stemming from federal changes to Medicare, TRS’ improved contracts with Medicare Advantage and Part D drug benefits, and other factors.
TRS received correspondence from legislative leadership directing TRS to use TRS-Care fund growth to reduce premiums and offer a one-time enrollment opportunity for eligible TRS-Care Medicare Advantage participants. TRS evaluated how to maximize its fund balance to accomplish these goals while preserving the fund’s long-term stability. TRS developed the new §41.17 in furtherance of the legislative direction and TRS’ evaluation of the fund.
TRS is adopting new §41.17 to provide a limited-time enrollment opportunity for unenrolled retirees, dependents, surviving spouses, and surviving dependent children in anticipation of the upcoming TRS-Care open enrollment period (which begins on October 1, 2024) and the reduced premiums that would take effect on the next plan year, which begins January 1, 2025.
New §41.17 implements details of this limited-time enrollment opportunity, for example, specifying who is eligible, when eligible individuals may enroll, and when coverage will be effective. Eligible retirees, dependents, surviving spouses, and surviving dependent children will be eligible to enroll beginning October 1, 2024, through March 31, 2026.
Texas Diabetes Council
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 9, concerning the Conduct of Council Meetings.
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 9, of the Texas Administrative Code (TAC):
Chapter 651, Conduct of Council Meetings
Texas Department of Insurance
In Addition Re:
Company Licensing — Applications to do Business
Application to do business in the state of Texas for Dominion Dental Services, Inc., a foreign life, health, and/or accident company. The home office is in Arlington, Virginia.