Texas Register Table of Contents
- 1 Office of the Attorney General
- 2 Texas Department of State Health Services
- 3 Texas Department of State Health Services
- 4 Texas Health and Human Services Commission
Office of the Attorney General
Re: Authority of a commercial entity to operate a willed-body program in Texas (RQ-0292-KP)
Opinion No. KP-0279John K. Hubbard, PhD, PTChairmanAnatomical Board of the State of TexasPost Office Box 195895Dallas, Texas 75219Re: Authority of a commercial entity to operate a willed-body program in Texas (RQ-0292-KP)S U M M A R YChapter 692A of the Health and Safety Code defines a “tissue bank” to include an entity licensed under state law to engage in specified activities with respect to donated bodies or anatomical specimens. For purposes of chapter 692A, the Texas Legislature defined “state” broadly to include any state. Thus, to the extent Science Care is licensed as a tissue bank by another state, it is a tissue bank under chapter 692A, and it may operate in Texas as allowed by that chapter. Pursuant to chapter 692A, to the extent Science Care receives whole-body donations, it is subject to oversight by the Anatomical Board of Texas, and its use of a whole-body donation, including a transfer, must be coordinated through the Board.For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
Texas Department of State Health Services
Investigations and Hearings
CHAPTER 442. INVESTIGATIONS AND HEARINGS25 TAC §§442.101 – 442.104The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §442.101, concerning Definitions; §442.102, concerning Complaints and Investigations; §442.103, concerning Procedure for Contested Cases for Counselor and Facility Licenses; and §442.104, concerning Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs.BACKGROUND AND PURPOSEThe purpose of the proposal is to eliminate outdated rules and ensure consistency with current regulatory practice regarding health care facilities. The proposed repeals are necessary to reflect the transition of these services from the Department of State Health Services (DSHS) to HHSC. Rules for chemical dependency treatment facilities currently exist at Texas Administrative Code (TAC) Title 25, Chapter 448, as authorized by Texas Health and Safety Code, Chapter 464. HHSC’s due process procedures for chemical dependency treatment facilities are located in 25 TAC §448.409, Action Against a License.SECTION-BY-SECTION SUMMARY The proposed repeal of §§442.101 – 442.104 deletes rules no longer necessary because the rule content is outdated and refers to an agency that no longer exists.
Texas Department of State Health Services
Access to First Responders’ Entries in Texas Immunization Registry
CHAPTER 100. IMMUNIZATION REGISTRY25 TAC §§100.1 – 100.8, 100.10The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §§100.1 – 100.8 and 100.10, concerning the Texas Immunization Registry (registry).The amendments to §§100.1 – 100.8 and 100.10 are adopted without changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 TexReg 5867), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONDSHS offers the registry at no cost to all Texans. The registry is secure and confidential and safely consolidates and stores immunization records from multiple sources in one centralized system.Texas law requires written consent by individuals to participate in the registry. Access to the registry records is for those who have authorization. Authorized organizations include health care providers, schools, and public health departments. The registry is part of an initiative to increase vaccine coverage across Texas.The amendments are necessary to comply with H.B. 1256, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, Chapter 161. The new law requires DSHS to establish a process to provide an employer of a first responder with direct access in the registry for verification of the first responder’s immunization history. This process requires the prior written or electronic consent of the first responder. H.B. 1256 addresses concerns that some first responders may be unaware of their vaccination status and lack access to their immunization information, which could delay their ability to render aid during a declared disaster quickly and effectively.
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Medicaid Payment Rates for the Residential Care Program, Assisted Living Services, and Personal Care 3 Services
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on January 6, 2020, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Residential Care (RC) Program, Assisted Living (AL) services, and Personal Care 3 (PC3) services. The proposed rates for the RC program will be utilized in the fee-for-service payment model, and the proposed rates for AL and PC3 services will be utilized in the calculation of the STAR+PLUS managed care capitation rates for the Home and Community-Based Services risk group.The public hearing will be held in HHSC’s Public Hearing Room at the Robert D. Moreton Building, 1100 W. 49th Street, Austin, TX 78751. Entry is through security at the main entrance to the building facing 49th Street. Free parking is available in the adjacent parking garage. HHSC will broadcast the public hearing but cannot accept testimony from persons watching remotely. The broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings, and it will be archived for access on demand at the same website. The public hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements. Proposal. HHSC proposes to reduce the Service Support cost component for the RC program and for AL and PC3 services to reflect the most recent increase in federal Supplemental Security Income (SSI) payments in accordance with the rate-setting methodologies below. The methodologies require that when SSI is increased, the per diem reimbursement will be reduced by an amount equal to that increase in SSI received by clients. The payment rates are proposed to be effective February 1, 2020.