Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 2 Texas Health and Human Services Commission
- 3 State Board of Dental Examiners
- 4 State Board of Dental Examiners
- 5 Council on Sex Offender Treatment
- 6 Texas Department of State Health Services
- 7 Texas Department of State Health Services
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Texas Health and Human Services Commission
Proposed Rules
To clarify the factors that the agency will consider when imposing and scaling enforcement actions
CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITYSUBCHAPTER G. ADMINISTRATIVE ACTIONS AND SANCTIONSThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to 1 TAC §371.1603, concerning Legal Basis and Scope; and §371.1715, concerning Damages and Penalties.BACKGROUND AND PURPOSEThe purpose of the amendments is to clarify the factors that the agency will consider when imposing and scaling enforcement actions as required under Texas Government Code §531.102(x), including appropriate mitigating factors, as well as to clarify that the agency assesses penalties in accordance with relevant law, particularly Texas Human Resources Code §32.039.During its last review of the Texas Health and Human Services Commission-Office of Inspector General (HHSC-OIG), the Sunset Commission recommended that the agency revise its rules to provide direction for determining which sanction to apply to each violation committed by a person subject to agency regulation. After consulting with stakeholders, the proposed amendments to §371.1603 provide that direction while also recognizing that each case must be evaluated on a case-by-case basis. The amendments clarify those factors that the agency applies when determining the seriousness, prevalence of error, harm, or potential harm of a violation, as required by statute. The amendments add examples of mitigating factors that the agency may consider when evaluating a violation and scaling resulting enforcement actions. The amendments also clarify that a person potentially subject to an enforcement action may introduce such mitigating factors in any contested case, as well as during the agency’s informal resolution process.The proposed amendments to §371.1715 clarify that OIG has the authority to impose administrative penalties on behalf of HHSC or other health and human service agencies if such penalties are authorized by law, and that penalties for violations concerning Medicaid and other medical assistance programs will be imposed in accordance with Section 32.039, Texas Human Resources Code, which provides ranges of penalties for specific violations. The amendments also clarify that OIG will, when imposing penalties, apply the factors in accordance with §371.1603.
Texas Health and Human Services Commission
Proposed Rules
Administrative Actions and Sanctions: Penalties and Damages
DIVISION 3. ADMINISTRATIVE ACTIONS AND SANCTIONS1 TAC §371.1715STATUTORY AUTHORITYThe amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code §531.102 (a), which provides HHSC-OIG with the authority to obtain any information or technology necessary to enable it to meet its responsibilities; Texas Government Code §531.102(a-2), which requires the Executive Commissioner to work in consultation with the Office of the Inspector General to adopt rules necessary to implement a power or duty of the office; Texas Government Code §531.102(x), which requires the executive commissioner, in consultation with the office, shall adopt rules establishing criteria for determining enforcement and punitive actions with regard to a provider who has violated state law, program rules, or the provider’s Medicaid provider agreement; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provides HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas, to administer Medicaid funds, and to adopt rules necessary for the proper and efficient regulations of the Medicaid program; Texas Government Code §531.1131(e) HHSC with the authority to adopt rules necessary to implement this section; and Texas Human Resources Code §32.039, which provides authority to assess administrative penalties and damages and provides due process for persons potentially subject to more damages and penalties.The amendments affect Texas Government Code §§531.0055 and 531.102 and implement Human Resources Code, Chapter 32 and Government Code, Chapter 531.
State Board of Dental Examiners
Adopted Rules
Dental Licensure (Criminal Backgrounds): Automatic Application Denials and Revocations of Licenses
CHAPTER 101. DENTAL LICENSURE22 TAC §101.8The State Board of Dental Examiners (Board) adopts an amendment to 22 TAC §101.8, concerning persons with criminal backgrounds. This amendment will implement the changes to the Board’s consideration of criminal convictions required by H.B. 1342 of the 86th Legislature, and the automatic application denials and revocations of licenses required by H.B. 1899 of the 86th Legislature. This amendment is adopted without changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 TexReg 5859 ). The rule will not be republished.
State Board of Dental Examiners
Adopted Rules
Continuing Education Requirements: safe and effective pain management education
CHAPTER 104. CONTINUING EDUCATION22 TAC §104.1The State Board of Dental Examiners (Board) adopts an amendment to 22 TAC §104.1, concerning continuing education requirements. This amendment is adopted without changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 TexReg 5863). The rule will not be republished.This amendment will implement the requirements for safe and effective pain management education required by H.B. 2454 of the 86th Legislature and implementing the requirements of Section 257.005(b-1) of the Occupations Code. Per Section 4 of H.B. 2454, the requirements of additional continuing education do not apply to renewal applications submitted before January 1, 2021. Additionally, this amendment permits continuing education courses taken pursuant to 22 TAC §111.1 to satisfy recordkeeping continuing education requirements; the Board is proposing an amendment to 22 TAC §111.1 simultaneously with this amendment.
Council on Sex Offender Treatment
Adopted Rules
Recognition of Out-of-State License of Military Spouse
SUBCHAPTER A. LICENSED SEX OFFENDER TREATMENT PROVIDERS22 TAC §810.10The Council on Sex Offender Treatment (council) adopts new §810.10, concerning Recognition of Out-of-State License of Military Spouse.New §810.10 is adopted without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5755). Therefore, this rule will not be republished.BACKGROUND AND PURPOSEThe council adopts new §810.10 to implement Senate Bill 1200, 86th Legislature, Regular Session, 2019, which amended Texas Occupations Code, Chapter 55, concerning recognition of an out-of-state license held by a military spouse. The council adopts this rule to administer authorization of certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The adopted rule requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state.
Texas Department of State Health Services
Adopted Rules
Recognition of Out-of-State License of Military Spouse
SUBCHAPTER A. LICENSED SEX OFFENDER TREATMENT PROVIDERS22 TAC §810.10The Council on Sex Offender Treatment (council) adopts new §810.10, concerning Recognition of Out-of-State License of Military Spouse.New §810.10 is adopted without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5755). Therefore, this rule will not be republished.BACKGROUND AND PURPOSEThe council adopts new §810.10 to implement Senate Bill 1200, 86th Legislature, Regular Session, 2019, which amended Texas Occupations Code, Chapter 55, concerning recognition of an out-of-state license held by a military spouse. The council adopts this rule to administer authorization of certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The adopted rule requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state.
Texas Department of State Health Services
Adopted Rules
Reporting of Health Care-Associated Infections and Preventable Adverse Events
CHAPTER 200. REPORTING OF HEALTH CARE-ASSOCIATED INFECTIONS AND PREVENTABLE ADVERSE EVENTSSUBCHAPTER A. CONTROL OF COMMUNICABLE DISEASES25 TAC §§200.1 – 200.6The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §200.1, concerning Definitions; §200.2, concerning General Reporting Guidelines for Health Care-Associated Infection and Preventable Adverse Event Data; §200.3, concerning How to Report; §200.4, concerning Which Events to Report; §200.5, concerning Data to Report; and §200.6, concerning When to Initiate Reporting. The amendments to §§200.1 – 200.6 are adopted without changes to the proposed text as published in the September 13, 2019, issue of the Texas Register (44 TexReg 4946), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe amendments are necessary to comply with Senate Bill 384, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, Chapter 98, Reporting of Health Care-Associated Infections and Preventable Adverse Events. The new law alters the list of health care-associated infections (HAIs) that health care facilities must report to DSHS by removing the language outlining the specific medical procedures required for HAI reporting by facility type, and replacing it with a requirement for all health care facilities to report the list of HAIs that the Centers for Medicare and Medicaid Services (CMS) require facilities participating in the Medicare program to report. These changes have the effect of aligning state reporting requirements with federal CMS reporting requirements. Health care facilities will now have one set of HAI data elements to report, instead of having to report one set of data elements mandated by Texas and another mandated by CMS. This alignment will significantly ease reporting requirements.