30 Aug 2024

Texas Register August 30, 2024 Volume: 49 Number: 35

by | posted in: Department of Aging and Disability Services, Governor, Texas Department of Assistive and Rehabilitative Services, Texas Department of State Health Services, Texas Funeral Service Commission, Texas Health and Human Services Commission, Texas State Board of Pharmacy |

Texas Register Table of Contents

The Governor

Appointments Re:

Appointed to the Texas Medical Board for a term to expire April 13, 2025, Luisa del Rosal.
Appointed to the Texas Medical Board for a term to expire April 13, 2027, Garry D. Crain.
Appointed to the Texas Medical Board for a term to expire April 13, 2027, Zachary S. “Zach” Jones, M.D.
Appointed to the Texas Medical Board for a term to expire April 13, 2029, Sharon J. Barnes.
Appointed to the Texas Medical Board for a term to expire April 13, 2029, George L. De Loach.
Appointed to the Texas Medical Board for a term to expire April 13, 2029, Manuel M. “Manny” Quinones, Jr., M.D.
Appointed to the Texas Medical Board for a term to expire April 13, 2029, Linda C. Troncoso.
Appointed to the Texas Medical Board for a term to expire April 13, 2029, David G. “Dave” Vanderweide, M.D.
Appointed to the Texas Southern University Board of Regents for a term to expire February 1, 2027, Benjamin C. “Ben” Kohlmann.
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2026, Kori A. Allen.
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2026, William R. “Billy” Blanchard, Jr.
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2026, Evelyn Cano.
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2026, Emma Faye Rudkin.
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2026, Benjamin J. “Ben” Willis.
Appointed to the Sabine River Authority of Texas Board of Directors for a term to expire July 6, 2025, Richard B. “Blair” Abeney.

Texas Funeral Service Commission

Proposed Rules Re:

Amending 22 TAC §§210.1 – 210.3, to implement the use of a donor acknowledgment form when an adult donates his or her body by will or other instrument to be used for the advancement of medical or forensic science.

CHAPTER 210. NON-TRANSPLANT ANATOMICAL DONATIONS
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §§210.1 – 210.3

OVERVIEW

The Texas Funeral Service Commission (Commission) proposes new rules to Texas Administrative Code (TAC), Title 22, Part 10, in new Chapter 210, Non-Transplant Anatomical Donations, and new Subchapter A, General Provisions, §§210.1 – 210.3, regarding the implementation of a donor acknowledgement form to be used by an adult of sound mind in Texas who is donating his or her body by will or other instrument to willed body programs and non-transplant anatomical donation organizations to be used for the advancement of medical or forensic science.

BACKGROUND AND JUSTIFICATION

The proposed rules under 22 TAC, Chapter 210, Subchapter A implement Texas Health and Safety Code Section 691.28, Donation of Body by Written Instrument.

The Texas Legislature amended Texas Health and Safety Code Section 691.28 to include a donor acknowledgment form as part of the informed consent requirements in order to make effective an adult’s donation of his or her whole body to a university willed body program or a non-transplant anatomical donation organization to be used for the advancement of medical or forensic science. Section 691.28(b)(2) sets forth the elements that must be in the donor acknowledgment, and Section 691.28(b-1) requires the Commission, by rule, to design and adopt a form that complies with Section 691.28(b) that willed body programs and non-transplant anatomical donation organizations must use. These rules satisfy this statutory directive.

SECTION-BY-SECTION SUMMARY

Proposed new §210.1 establishes definitions for certain terms that are used in the subchapter and the proposed form.

Proposed new §210.2 sets forth information that must be provided to a donor, potential donor, or authorized person for the donation of the decedent’s body upon death for the advancement of medical and forensic science. The proposed rule requires such information to be provided verbally and in writing in clear and plain language. The proposed new rule requires the following information be provided to the potential donor: 1) the donee’s required criteria to accept a whole body donation and possibility that the donation may not be accepted if those requirements are not met at the time of death; 2) any costs or duties to the donor or donor’s family, next of kin, or other designee for transferring the decedent donor and associated costs if donor is not accepted by the willed body program or non-transplant anatomical donation organization; 3) the donor must complete and sign a separate Donor Acknowledgement Form if the donee willed body program or non-transplant anatomical organization wants to use the decedent’s body for a special project that is beyond the general scope of medical/forensic science education, research or training or was not previously explained to the donor when they signed the original Donor Acknowledgement Form; 4) if applicable, that the donee may or will not use all of the whole body donation, and what happens with those parts of the donor’s body not used; and 5) if photographs or videos are allowed, the purposes and length of time the photographs and videos will be used or maintained.

Proposed new §210.3 adopts the Commission prescribed Donor Acknowledgement Form that must be used by willed body programs and NADOs in order to use the decedent donor’s body or body parts for the advancement of medical or forensic science if the decedent donated his or her body in a willed or written instrument. The proposed new rule further requires the elements that the donor acknowledgement form must include that are applicable to the particular willed body program and non-transplant anatomical donation organization.

Texas State Board of Pharmacy

Adopted Rules Re:

Adopting 22 TAC §281.69, to correct subparagraph lettering and grammatical errors.

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §281.69, concerning Automatic Denial or Revocation. These amendments are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4147). The rule will not be republished.

Department of Aging and Disability Services

Transferred Rules Re:

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 6, ICF/ID Programs–Contracting, Subchapter B, Contracting Requirements to Texas Administrative Code, Title 26, Part 1, Chapter 286, ICF/ID Programs–Contracting.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 6, ICF/ID Programs–Contracting, Subchapter B, Contracting Requirements are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 286, ICF/ID Programs–Contracting.

The rules will be transferred in the Texas Administrative Code effective September 27, 2024.

Proposed Rule Reviews Re:

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Rights and Protection of Individuals Receiving Intellectual Disability Services.

The Texas Health and Human Services Commission (HHSC), as the successor agency of the Texas Department of Aging and Disability Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services

Texas Health and Human Services Commission

Transferred Rules Re:

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 6, ICF/ID Programs–Contracting, Subchapter B, Contracting Requirements to Texas Administrative Code, Title 26, Part 1, Chapter 286, ICF/ID Programs–Contracting.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature pa6ssed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 6, ICF/ID Programs–Contracting, Subchapter B, Contracting Requirements are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 286, ICF/ID Programs–Contracting.

The rules will be transferred in the Texas Administrative Code effective September 27, 2024.

Proposed Rule Reviews Re:

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the National Senior Services Corps Program.

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

Chapter 214, National Senior Services Corps Program

Adopted Rule Reviews Re:

Adopting the review of Title 26, Part 1, concerning Children’s Autism Program.

The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 358, Children’s Autism Program

In Addition Re:

Notice of Public Hearing on Proposed Rule Amendments for the Inpatient Direct Graduate Medical Education (GME) Reimbursement.

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 5, 2024, at 1:00 p.m, to receive public comments on proposed rule amendments to 1 Texas Administrative Code §355.8058.

Public Notice – Amendment to the Texas State Plan for the Children’s Health Insurance Program

The Texas Health and Human Services Commission (HHSC) announces its intent to submit the following amendment: Transmittal number 24-0017 to amend the Texas State Plan for the Children’s Health Insurance Program (CHIP) under Title XXI of the Social Security Act. The proposed effective date of the amendment is January 1, 2024.

Public Notice – Updates to Medicaid Hospital Reimbursement

The Texas Health and Human Services Commission (HHSC) announces its intent to implement the All Patient Refined – Diagnosis Related Group (APR-DRG) Grouper 41 Statistical Data Relative Weight (RW), Mean Length of Stay (MLOS), Day Threshold, and universal mean used to reimburse Medicaid Inpatient Hospital Services. Updates will be effective September 1, 2024.

Texas Department of State Health Services

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, concerning the Evaluation of Milk and Shellfish Laboratories.

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

Chapter 218, Evaluation of Milk and Shellfish Laboratories

Adopted Rule Reviews Re:

Adopting the review of Title 25, Part 1, concerning Freestanding Emergency Medical Care Facilities.

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

Chapter 131, Freestanding Emergency Medical Care Facilities

Texas Department of Assistive and Rehabilitative Services

Proposed Rule Reviews Re:

Reviewing Title 40, Part 2, concerning Administrative Rules and Procedures.

The Texas Health and Human Services Commission (HHSC), as the successor agency of the Texas Department of Assistive and Rehabilitative Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 2, of the Texas Administrative Code:

Chapter 101, Administrative Rules and Procedures