Texas Register August 7, 2020 Volume: 45 Number: 32

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints Cecile Erwin Young as the Executive Commissioner of Health and Human Services

Appointments for July 28, 2020Appointed as the Executive Commissioner of Health and Human Services, for a term to expire February 1, 2021, Cecile Erwin Young of Austin, Texas (replacing Courtney N. Phillips, Ph.D. of Austin, who resigned).


Governor

Appointments

Governor appoints Jose J. Muniz to the Committee on People with Disabilities

Appointments for July 28, 2020Appointed to the Governor’s Committee on People with Disabilities, for a term to expire February 1, 2022, Jose J. “Joseph” Muniz of Harlingen, Texas (replacing Amy L. Scott of Austin, who resigned).


Governor

Appointments

Governor appoints Lisa B. Glenn to the Chronic Kidney Disease Task Force

Appointments for July 28, 2020Appointed to the Chronic Kidney Disease Task Force pursuant to HB 1225, 86th Legislature, Regular Session, for a term to expire at the pleasure of the Governor, Lisa B. Glenn, M.D. of Austin, Texas.


Texas Department of State Health Services

Emergency Rule

Renewing emergency rule 25 TAC §133.51 to restrict hospital entry and require screening of certain persons within hospitals during the COVID-19 crisis

CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.51OVERVIEWThe Department of State Health Services is renewing the effectiveness of emergency new §133.51 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2469).To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, emergency rule §133.51 restricts entry into a hospital and requires screening of certain persons authorized to enter a hospital.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Hospital Response to COVID-19.As authorized by Government Code, §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code§2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §306.1351, allowing virtual delivery of behavioral health services during the COVID-19 crisis

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER Z. EMERGENCY RULEMAKING26 TAC §306.1351OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 306, Behavioral Health Delivery System, new Subchapter Z, Emergency Rulemaking, §306.1351, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting an emergency rule to establish flexibility of certain requirements to: allow alternative methods other than face-to-face contact or in-person interactions, such as the use of telehealth, telemedicine, video-conferencing, or telephonic methods; allow virtual platforms instead of a private physical space for certain in-person interactions, such as the use of a telephone or video-conferencing; and allow a child or adolescent participating in the YES Waiver Program to reside with another responsible adult as the child or adolescent may not be residing with his or her legally authorized representative due to COVID-19.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency rules for Behavioral Health Services in response to COVID-19.As authorized by Government Code, §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code, §2001.034, may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing emergency rule 26 TAC §500.2 to allow certain hospitals to waive certain off-site facility requirements during the COVID-19 crisis

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER A. HOSPITALS26 TAC §500.2OVERVIEWThe agency is renewing the effectiveness of emergency new §500.2 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2470).Emergency rule §500.2 allows a currently licensed hospital to operate an off-site inpatient facility. To allow operation of additional off-site facilities, HHSC is adopting this emergency rule to allow licensed hospitals to request a waiver of the requirement that off-site facilities be open or licensed within the past 36 months, at the Commission’s discretion.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for hospital off-site facilities in response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing emergency rule 26 TAC §500.20 to allow certain End Stage Renal Disease facilities to operate an off-site outpatient facility without obtaining a new license during the COVID-19 crisis

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER B. END STAGE RENAL DISEASE FACILITIES26 TAC §500.20OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §500.20 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2470).Emergency rule §500.20 allows a currently licensed ESRD to operate an off-site outpatient facility without obtaining a new license at: (1) an ESRD that is no longer licensed that closed within the past 36 months; (2) a mobile, transportable, or relocatable medical unit; (3) a physician’s office; or (4) an ambulatory surgical center or freestanding emergency medical care facility that is no longer licensed that closed within the past 36 months.BACKGROUND AND JUSTIFICATIONThe purpose of the new emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state exists and requires immediate adoption of this new rule to ensure that dialysis patients receive safe treatment.As authorized by Government Code §2001.034, the Executive Commissioner may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §510.48 to restrict entry and require screening of certain authorized personnel at private psychiatric hospitals and crisis stabilization units during the COVID-19 crisis

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITSSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §510.48OVERVIEWThe agency is renewing the effectiveness of emergency new §510.48 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2472).HHSC is re-adopting this emergency rule to restrict entry into a facility and require screening of certain persons authorized to enter a facility.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Facility Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §550.212 to restrict entry and require screening of certain authorized personnel at prescribed pediatric extended care centers during the COVID-19 crisis

CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERSSUBCHAPTER C. GENERAL PROVISIONSDIVISION 1. OPERATIONS AND SAFETY PROVISIONS26 TAC §550.212OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §550.212 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2473).HHSC is re-adopting this emergency rule to restrict entry into a prescribed pediatric extended care center and require screening of certain persons authorized to enter a prescribed pediatric extended care center.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Prescribed Pediatric Extended Care Center Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §551.401 to restrict entry and require screening of certain authorized personnel at intermediate care facilities for individuals with intellectual disabilities during the COVID-19 crisis

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER M. COVID-19 EMERGENCY RULE26 TAC §551.401OVERVIEWThe agency is renewing the effectiveness of emergency new §551.401 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2474).HHSC is re-adopting this emergency rule to restrict entry into an intermediate care facility and require screening of certain persons authorized to enter an intermediate care facility.BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Intermediate Care Facility Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §553.45 to restrict entry and require screening of certain authorized personnel at assisted living facilities during the COVID-19 crisis

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §553.45OVERVIEWThe agency is renewing the effectiveness of emergency new §553.45 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2475).HHSC is re-adopting this emergency rule to restrict entry into an assisted living facility and require screening of certain persons authorized to enter an assisted living facility.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Assisted Living Facility Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §558.408 to require screening of staff, clients, and household members in connection with home and community support services during the COVID-19 crisis

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER D. ADDITIONAL STANDARDS SPECIFIC TO LICENSE CATEGORY AND SPECIFIC TO SPECIAL SERVICES26 TAC §558.408OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §558.408 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2476).HHSC is re-adopting this emergency rule to require screening of staff, clients, and household members and offer alternative methods to provide non-essential services.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for HCSSA Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §558.872 to restrict entry and require screening of certain authorized personnel at inpatient hospice units during the COVID-19 crisis

SUBCHAPTER H. STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICESDIVISION 7. HOSPICE INPATIENT UNITS26 TAC §558.872OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §558.872 for a 60-day period. The text of the emergency rule was originally published in the April, 17, 2020, issue of the Texas Register (45 TexReg 2477).HHSC is re-adopting this emergency rule to restrict entry into an inpatient hospice unit and require screening of certain persons authorized to enter an inpatient hospice unit.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Hospice Inpatient Unit Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Department on Aging and Disability Services

Emergency Rule

Renewing 40 TAC §19.2801 to restrict entry and require screening of certain authorized personnel at nursing facilities during the COVID-19 crisis

CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATIONSUBCHAPTER CC. COVID-19 EMERGENCY RULE40 TAC §19.2801OVERVIEWThe Department of Aging and Disability Services is renewing the effectiveness of emergency new §19.2801 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2479).HHSC is re-adopting this emergency rule to restrict entry into a nursing facility and require screening of certain persons authorized to enter a nursing facility.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Facility Response to COVID-19.As authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Department on Aging and Disability Services

Emergency Rule

Renewing 40 TAC §98.65 to restrict entry and require screening of certain authorized personnel at day and health services facilities during the COVID-19 crisis

CHAPTER 98. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTSSUBCHAPTER D. LICENSURE AND PROGRAM REQUIREMENTS40 TAC §98.65OVERVIEWThe Department of Aging and Disability Services is renewing the effectiveness of emergency new §98.65 for a 60-day period. The text of the emergency rule was originally published in the April 17, 2020, issue of the Texas Register (45 TexReg 2480).HHSC is re-adopting this emergency rule to restrict entry into a day and health services facility and require screening of certain persons authorized to enter a day and health services facility.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Day Activity and Health Services Response to COVID-19.As authorized by Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034, may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Department of State Health Services

Proposed Rules

Repealing 25 TAC §§37.501 – 37.507, which contains current rules for newborn hearing screening

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICESSUBCHAPTER S. NEWBORN HEARING SCREENING25 TAC §§37.501 – 37.507OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §§37.501 – 37.507, concerning Newborn Hearing Screening. BACKGROUND AND JUSTIFICATIONThe purpose of the proposal is to repeal the rules in Chapter 37, Subchapter S, and replace with new rules. The repeal and replace is necessary to comply with amendments to Texas Health and Safety Code Chapter 47, Hearing Loss in Newborns, made by House Bill 2255 and Senate Bill 1404 passed during the 86th Legislature, Regular Session, 2019. This proposal also serves as the four-year review of rules required by Texas Government Code §2001.039.


Texas Department of State Health Services

Proposed Rules

New 25 TAC §§37.501 – 37.509, introducing new rules for newborn hearing screening

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICESSUBCHAPTER S. NEWBORN HEARING SCREENING25 TAC §§37.501 – 37.509OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§37.501 – 37.509, concerning Newborn Hearing Screening.SECTION-BY-SECTION SUMMARYProposed new §37.501 describes the purpose and application of the Texas Health and Safety Code Chapter 47 to ensure all babies born in Texas receive a hearing screening, intervention, and referrals to services if they are suspected or diagnosed as deaf or hard of hearing.Proposed new §37.502 provides definitions of terms used within the subchapter.Proposed new §37.503 describes the process of screening and consent to release individually identifying information.Proposed new §37.504 describes the process of required reporting using the DSHS’s Texas Early Hearing Detection and Intervention Management Information System.Proposed new §37.505 describes the birthing facility screening provider responsibilities.Proposed new §37.506 describes the follow-up screening provider responsibilities.Proposed new §37.507 describes the diagnostic evaluation provider responsibilities.Proposed new §37.508 describes DSHS responsibilities.Proposed new §37.509 describes the authorized newborn hearing screening services.BACKGROUND AND JUSTIFICATIONThe purpose of the proposal is to repeal the rules in Chapter 37, Subchapter S, and replace with new rules. The repeal and replace is necessary to comply with amendments to Texas Health and Safety Code Chapter 47, Hearing Loss in Newborns, made by House Bill 2255 and Senate Bill 1404 passed during the 86th Legislature, Regular Session, 2019. This proposal also serves as the four-year review of rules required by Texas Government Code §2001.039.DSHS administers the Newborn Hearing Screening Program and provides guidance for performing point-of-care hearing screening required for all newborns in the state. The proposed new rules are structured to refine roles and responsibilities, update definitions, emphasize required reporting, and clarify the purpose of consent. The proposed new rules will also implement new legislative mandates. Referrals to the primary statewide resource center at the Texas School for the Deaf will be required for infants who are suspected or confirmed to be deaf or hard of hearing, and DSHS will make educational resources available for parents.


Texas Board of Physical Therapy Examiners

Adopted Rules

Amending 22 TAC §§341.1, 341.6, 341.8, 341.9 to require training on human trafficking prevention as a condition of licensure

CHAPTER 341. LICENSE RENEWAL22 TAC §§341.1, 341.6, 341.8, 341.9The Texas Board of Physical Therapy Examiners adopts the amendments to 22 Texas Administrative Code (TAC) Chapter 341 License Renewal specifically the following sections: §341.1 Requirements for Renewal, §341.6 License Restoration, §341.8 Inactive Status, and §341.9 Retired Status; Performing Voluntary Charity Care.The amendments are adopted without changes to the proposed text as published in the June 19, 2020, issue of the Texas Register (45 TexReg 4136). The rules will not be republished.The amendments are adopted pursuant to the provisions in HB 2059 during the 86th Legislative Session that mandates the addition of human trafficking prevention training for health care practitioners as a condition of license renewal.


Texas Board of Physical Therapy Examiners

Notices

Following formal rule review, the Board has readopted fifteen chapters located in 22 TAC

The Texas Board of Physical Therapy Examiners (Board) has completed its rule review of the following chapters of Title 22, Part 16 of the Texas Administrative Code: Chapter 321, concerning Definitions; Chapter 322, concerning Practice; Chapter 323, concerning Powers and Duties of the Board; Chapter 325, concerning Organization of the Board; Chapter 327, concerning Compensation; Chapter 329, concerning Licensing Procedure; Chapter 335, concerning Professional Title; Chapter 337, concerning Display of License; Chapter 339, concerning Fees; Chapter 341, concerning License Renewal; Chapter 342, concerning Open Records; Chapter 343, concerning Contested Case Procedure; Chapter 344, concerning Administrative Fines and Penalties; Chapter 346, concerning Practice Settings for Physical Therapy; and Chapter 348, concerning Physical Therapy Licensure Compact. The proposed notice of intent to review rules was published in the May 22, 2020, issue of the Texas Register (45 TexReg 3523). The Board received no comments regarding this review.The Board has assessed whether the reasons for adopting the rules continue to exist. As a result of the review, the Board finds that the reasons for initially adopting the rules continue to exist and readopts in accordance with the requirements of Texas Government Code §2001.039.


Texas Health and Human Services Commission

In Addition

HHSC intends to submit amendments to the Texas State Plan for Medical Assistance updating fee schedules for certain services

OVERVIEWThe Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The amendments are proposed to be effective September 1, 2020.The purpose of the amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following services:Ambulatory Surgical Centers (ASC);Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS);Early and Periodic Screening, Diagnosis, and Treatment (EPSDT);Physicians and Other Practitioners; andVision Care.HEARINGA rate hearing was conducted on May 27, 2020, at 1:30 p.m. in Austin, Texas. Information about the proposed rate changes, and the hearing can be found in the May 8, 2020, issue of the Texas Register (45 TexReg 3165). These can be found at http://www.sos.state.tx.us/texreg/index.shtml.ADDITIONAL INFORMATIONInterested parties may obtain additional information and/or a free copy of the proposed amendments by contacting Cynthia Henderson, State Plan Policy Advisor, at one of several addresses listed in this week’s edition of the Texas Register (45 Tex Reg 5527).