5 Feb 2021

Texas Register February 5, 2021 Volume: 46 Number: 6

by | posted in: Texas Behavioral Health Executive Council, Texas Board of Physical Therapy Examiners, Texas Department of Insurance, Texas Department of State Health Services, Texas Department on Aging and Disability Services, Texas Health and Human Services Commission, Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Professional Counselors |

Texas Register Table of Contents

Texas Department of State Health Services

 

Emergency Rule

Renewing 25 TAC §133.51, which requires hospitals to implement screening procedures and limit visitor access 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 October 9, 2020, issue of the Texas Register (45 TexReg 7085).HHSC is renewing this emergency rule to require hospitals to adopt, implement, and enforce written policies and procedures to screen each person entering the hospital and to restrict visitor access as determined necessary by the hospital to limit the spread of COVID-19. The emergency rule also specifies that a hospital may not prohibit government personnel performing their official duty from entering the hospital, unless they fail to meet the hospital’s screening criteria.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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, Visitor Screening and Access During the COVID-19 Pandemic.

Texas Department of State Health Services

Emergency Rule

Renewing the amendment to 25 TAC §135.2 and §135.26 to expand treatment capabilities and modify reporting requirements for Ambulatory Surgical Centers during the COVID-19 crisis

CHAPTER 135. AMBULATORY SURGICAL CENTERSSUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS25 TAC §135.2, §135.26OEVRVIEWThe Department of State Health Services is renewing the effectiveness of emergency amended §135.2 and §135.26 for a 60-day period. The text of the emergency rule was originally published in the October 2, 2020, issue of the Texas Register (45 TexReg 6830).HHSC is renewing these emergency rule amendments to allow a currently licensed ASC to: (1) expand their treatment options to include other health care services, not surgical services alone; (2) allow for patient stays longer than 23 hours; (3) remove current reporting requirements for longer patient stays and hospital transfers. The emergency amendments also require an ASC to report additional information to the Department of State Health Services if that agency requires it.BACKGROUND AND JUSTIFICATION 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.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. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency amendments to §135.2, Definitions, and §135.26, Reporting Requirements, in TAC, Title 25, Chapter 135, Ambulatory Surgical Centers.

Texas Department of State Health Services

Emergency Rule

Amending 25 TAC §448.603 to allow a Chemical Dependency Treatment Facility to conduct training using telecommunications

CHAPTER 448. STANDARD OF CARESUBCHAPTER F. PERSONNEL PRACTICES AND DEVELOPMENT25 TAC §448.603OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 448, Standard of Care, an amendment to §448.603, concerning Training, to expand a licensed chemical dependency treatment facility’s (CDTF) ability to provide staff training on abuse, neglect, and exploitation and nonviolent crisis intervention through live, interactive, instructor-led, electronic means, using synchronous audiovisual interaction, in response to COVID-19.HHSC is adopting this emergency amendment to temporarily permit a licensed CDTF to provide abuse, neglect, and exploitation training to staff through live, interactive, instructor-led, electronic means, performed using a synchronous audiovisual interaction, to reduce the risk of COVID-19 transmission. HHSC is also adopting an emergency amendment to temporarily permit a licensed CDTF to provide nonviolent crisis intervention training to staff through live, interactive, instructor-led, electronic means, performed using a synchronous audiovisual interaction, to reduce the risk of COVID-19 transmission. There are no other changes to §448.603.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this amendment to §448.603, concerning Training.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §500.2, which allows hospitals to waive certain operational requirements for emergency off-site facilities during the COVID-19 crisis

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER A. HOSPITALS26 TAC §500.2OVERVIEWThe Health and Human Services Commission 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 October 9, 2020, issue of the Texas Register (45 TexReg 7086).HHSC previously adopted an emergency rule to allow a currently licensed hospital to operate an off-site inpatient facility without obtaining a new license. To allow operation of additional off-site facilities, HHSC is renewing this emergency rule to allow a waiver of the requirement for off-site facilities to be open or licensed within the past 36 months, at HHSC’s discretion.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state exists and requires immediate adoption of this emergency rule for Waiver of 36-Month Requirement During the COVID-19 Pandemic.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §510.48, which requires private psychiatric hospitals and stabilization units to implement screening procedures in response to the COVID-19 crisis

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITSSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §510.48OVERVIEWThe Health and Human Services Commission 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 October 9, 2020, issue of the Texas Register (45 TexReg 7088).HHSC is renewing this emergency rule to require facilities to adopt, implement, and enforce written policies and procedures to screen each person entering the facility. The emergency rule also specifies that a facility may not prohibit government personnel performing their official duty from entering the facility, unless they fail to meet the facility’s screening criteria.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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, Visitor Screening and Access During the COVID-19 Pandemic.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §550.213, which requires prescribed pediatric extended care centers to implement screening procedures in response to the COVID-19 crisis

CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERSSUBCHAPTER C. GENERAL PROVISIONSDIVISION 1. OPERATIONS AND SAFETY PROVISIONS26 TAC §550.213OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §550.213 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7089).HHSC is renewing this emergency rule to update screening requirements for certain persons authorized to enter a pediatric extended care center. The updates are consistent with current guidance provided by the Centers for Disease Control and Prevention.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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. HHSC 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.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §558.960, which requires home and community support services agencies to offer alternative methods for providing non-essential services during the COVID-19 crisis

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 TAC §558.960OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §558.960 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7090).HHSC is renewing this emergency rule to require screening of staff, clients, and household members to offer alternative methods to provide non-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 COVID-19 Response.BACKGROUND AND JUSTIFICATIONAs authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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 critical essential services. HHSC 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.

Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §370.602 to update external review procedures for the Children’s Health Insurance Program (CHIP)

CHAPTER 370. STATE CHILDREN’S HEALTH INSURANCE PROGRAMSUBCHAPTER G. STANDARDS FOR CHIP MANAGED CARE1 TAC §370.602OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §370.602, concerning Member Complaints and Appeals. Section 370.602 is adopted without changes to the proposed text as published in the July 24, 2020, issue of the Texas Register (45 TexReg 5081). Therefore, the rule will not be republished.BACKGROUND AND JUSTIFICATION The amendment is necessary to comply with The Patient Protection and Affordable Care Act of 2010, §2719, as codified in the United States Code, Title 42 §300gg-19(b), which standardizes the external review process of adverse benefit determinations for members of commercial health insurance issuers to meet federal consumer protection standards.The amendment also clarifies the current Children’s Health Insurance Program (CHIP) managed care organization (MCO) Member Internal Complaint and Appeal Process.In accordance with the Code of Federal Regulations, Title 42, §457.1120, HHSC elected to follow the statewide standard review process that Texas commercial health insurance issuers use, instead of a program specific review process. Therefore, §2719 also applies to CHIP MCOs.The CHIP external review process was administered by Texas Department of Insurance (TDI). As of June 30, 2018, TDI no longer administers the CHIP external review process. All CHIP MCOs follow the federal Health and Human Services-administered external review process described in this rule amendment.

Texas Board of Physical Therapy Examiners

Adopted Rules

Amending 22 TAC §337.1 to require notice of the license verification system as part of the provision of telehealth services

CHAPTER 337. DISPLAY OF LICENSE22 TAC §337.1OVERVIEWThe Texas Board of Physical Therapy Examiners adopts amendments to 22 Texas Administrative Code (TAC) §337.1. Display of License.The amendments are adopted without changes to the proposed text as published in the November 27, 2020 issue of the Texas Register (45 TexReg 8459). The rule will not be republished.DETAILED EXPLANATIONThe amendment is proposed to require licensees who provide physical therapy services through telehealth, home visits, or other non-traditional modes to provide information on accessing the board’s online license verification system.

Texas Board of Physical Therapy Examiners

Adopted Rules

Amending 22 TAC §337.2 to require notice of complaint procedures as part of the provision of telehealth services

CHAPTER 337. DISPLAY OF LICENSE22 TAC §337.2OVERVIEWThe Texas Board of Physical Therapy Examiners adopts an amendment to 22 Texas Administrative Code (TAC) §337.2, relating to Consumer Information Sign. The amendment is adopted without changes to the proposed text as published in the November 27, 2020 issue of the Texas Register (45 TexReg 8460) and will not be republished.DETAILED EXPLANATIONThe amendment is adopted to require licensees who provide physical therapy services through telehealth, home visits, or other non-traditional modes to provide information on directing complaints regarding non-compliance with the Texas Physical Therapy Practice Act/Rules to the Texas Board of Physical Therapy Examiners.

Texas Board of Physical Therapy Examiners

Adopted Rules

Amending 22 TAC §341.3 to update requirements for license renewal

CHAPTER 341. LICENSE RENEWAL22 TAC §341.3OVERVIEWThe Texas Board of Physical Therapy Examiners adopts amendments to 22 Texas Administrative Code (TAC) §341.3, regarding Qualifying Continuing Competence Activities. The amendment is adopted without changes to the proposed text as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8461) and will not be republished.DETAILED EXPLANATIONThe amendments are adopted to clarify the documentation required for continuing competence approval of college or university courses in paragraph (2); to update language for completion of a residency or fellowship and required hours for mentorship of a resident or fellow to align with the standards set forth by the American Board of Physical Therapy Residency and Fellowship Education (ABPTRFE) in paragraph (5)(C) and (D); and to add paragraph (7) which provides a means for licensees to claim continuing competence credit for engaging in non-work related voluntary charity care.

Texas Department on Aging and Disability Services

Emergency Rule

Renewing 40 TAC §9.198 and §9.199, which established requirements related to visitation, personnel, and day habilitation for the Community-Based Services (HCS) program in response to COVID-19

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.198, §9.199OVERVIEWThe Department of Aging and Disability Services is renewing the effectiveness of emergency new §9.198 and §9.199 for a 60-day period. The text of the emergency rules was originally published in the October, 2, 2020, issue of the Texas Register (45 TexReg 6849).HHSC is renewing these emergency rules to reduce the risk of spreading COVID-19 to individuals in the HCS program. These new rules describe the requirements HCS program providers must immediately put into place and the requirements they must follow for visitation, essential caregivers, and day habilitation.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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 these Emergency Rules for Program Provider Response to COVID-19 and HCS Expansion of Reopening Visitation.

Texas Department on Aging and Disability Services

Emergency Rule

Renewing 40 TAC §9.597, which established COVID-19 protocols for the Texas Home Living (TXHML) and Community First Choice (CFC) programs

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER N. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.597OVERVIEWThe Department of State Health Services is renewing the effectiveness of emergency new §9.597 for a 60-day period. The text of the emergency rule was originally published in the October 2, 2020, issue of the Texas Register (45 TexReg 6854).HHSC is renewing an emergency rule to reduce the risk of spreading COVID-19 to individuals in the Texas Home Living program. This new rule describes the requirements that Texas Home Living providers must immediately put into place and identifies changes to survey procedures in response to COVID-19.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 can be effective for not longer than 120 days and can be renewed for not longer than 60 days.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 Program Provider Response to COVID-19 Emergency Rule.

Texas Department on Aging and Disability Services

Emergency Rule

Renewing 40 TAC §19.2803, which allows limited indoor and outdoor visitation at nursing facilities during the COVID-19 crisis

CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATIONSUBCHAPTER CC. COVID-19 EMERGENCY RULE40 TAC §19.2803OVERVIEWThe Department of Aging and Disability Services is renewing the effectiveness of emergency new §19.2803 for a 60-day period. The text of the emergency rule was originally published in the October 2, 2020, issue of the Texas Register (45 TexReg 6856).HHSC is renewing this new emergency rule to require limited indoor and outdoor visitation in a nursing facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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. This emergency rulemaking reflects the continued reopening of the State of Texas. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Nursing Facility COVID-19 Response – Expansion of Reopening Visitation.

Texas Department on Aging and Disability Services

Emergency Rule

Renewing 40 TAC §98.65, which requires day activity and health services facilities to implement screening procedures in response to 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 October 9, 2020, issue of the Texas Register (45 TexReg 7096).HHSC is renewing this emergency rule to update screening requirements for certain persons authorized to enter a day activity and health services facility. The updates are consistent with current guidance provided by the Centers for Disease Control and Prevention.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.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. HHSC 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.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §681.92 to allow for the adoption of updated experience requirements for interns

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §681.92OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §681.92, relating to Experience Requirements (Internship), without changes to the text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8702). The rule will not be republished. This adopted repeal corresponds with the adoption of a new rule elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe adopted repeal of the rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted a new rule, in this edition of the Texas Register, which concerns the same subject matter, details, and requirements found in this rule, therefore the repeal of this rule is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

New 22 TAC §681.92, establishing updated experience requirements for interns

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §681.92OVERVIEWThe Texas Behavioral Health Executive Council adopts new §681.92, relating to Experience Requirements (Internship). Section 681.92 is adopted without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8704) and will not be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The new rule pertains to the qualifications necessary to obtain a license and incorporates changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may adopt this rule.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

New 22 TAC §681.164, establishing updated requirements for licensing individuals with a criminal conviction

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §681.164OVERVIEWThe Texas Behavioral Health Executive Council adopts new §681.164, relating to Licensing of Persons with Criminal Convictions. Section 681.164 is adopted with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8705). The rule will be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The new rule determines which felonies and misdemeanors directly relate to the duties and responsibilities of a licensee, which can affect an applicant’s eligibility for a license based on the applicant’s criminal history. Therefore, the rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may adopt this rule.

Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules

New 22 TAC §801.204, establishing updated requirements for licensing military personnel

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER C. APPLICATIONS AND LICENSING22 TAC §801.204OVERVIEWThe Texas Behavioral Health Executive Council adopts new §801.204, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses. Section 801.204 is adopted without changes to the proposed text as published in the October 23, 2020, issue of the Texas Register (45 TexReg 7515) and will not be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501-503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The adopted new rule pertains to the licensing of military service members, military veterans, and military spouses; therefore, the rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Marriage and Family Therapists, in accordance with §502.1515 of the Tex. Occ. Code, previously voted and by a majority approved to propose the adoption of this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Tex. Occ. Code and may adopt this rule.

Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules

New 22 TAC §801.206, establishing updated requirements for licensing individuals with a criminal conviction

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER C. APPLICATIONS AND LICENSING22 TAC §801.206OVERVIEWThe Texas Behavioral Health Executive Council adopts new §801.206, relating to Licensing of Persons with Criminal Convictions. Section 801.206 is adopted with changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6956) and will be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The new rule determines which felonies and misdemeanors directly relate to the duties and responsibilities of a licensee, which can affect an applicant’s eligibility for a license based on the applicant’s criminal history. Therefore, the rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Marriage and Family Therapists, in accordance with §502.1515 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Tex. Occ. Code and may adopt this rule.

Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules

Amending 22 TAC §801.305 to update the schedule of sanctions

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER D. SCHEDULE OF SANCTIONS22 TAC §801.305OVERVIEWThe Texas Behavioral Health Executive Council adopts amended §801.305, relating to Schedule of Sanctions. Section 801.305 is adopted without changes to the proposed text as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8830) and will not be republished.BACKGROUND AND JUSTIFICATION The rule amendment is being adopted so the schedule of sanctions better aligns with §801.302, regarding severity level and sanction guide. Any action listed on the schedule of sanctions as a warning letter or conditional letter of agreement has been amended to a Level 5 Reprimand. Warning letters and conditional letters of agreement do not involve a formal disciplinary action and are now covered by §801.303, regarding other actions. Typographical corrections have also been made; such as an action was listed as a Level 3 Administrative Penalty, but Administrative Penalty is not one of the severity levels listed in §801.302, this action has been corrected to a Level 3 Suspension.If a rule will pertain to a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The adopted amendment pertains to a schedule of sanctions for marriage and family therapists; therefore, this rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Marriage and Family Therapists, in accordance with §502.1515 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Tex. Occ. Code and may adopt this rule.

Texas Behavioral Health Executive Council

Adopted Rules

Amending 22 TAC §881.21 to update requirements for petitions to amend a rule

CHAPTER 881. GENERAL PROVISIONSSUBCHAPTER B. RULEMAKING22 TAC §881.21OVERVIEWThe Texas Behavioral Health Executive Council adopts amended §881.21, relating to Petition for Rulemaking. Section 881.21 is adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6958) and will not be republished.BACKGROUND AND JUSTIFICATION The amended rule is being adopted to clarify the requirement that any requested rule change involving those matters set forth in §507.153(a) of the Occupations Code must be taken up and reviewed by the appropriate member board before being considered for proposal and adoption by the Executive Council.

Texas Behavioral Health Executive Council

Adopted Rules

Amending 22 TAC §885.1 to update the fee schedule for Licensed Marriage and Family Therapist licensure

CHAPTER 885. FEES22 TAC §885.1OVERVIEWThe Texas Behavioral Health Executive Council adopts amended §885.1, relating to Fees. Section 885.1 is adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6960) and will not be republished.BACKGROUND AND JUSTIFICATION The amended rule is adopted to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 507.154 of the Tex. Occ. Code authorizes the Executive Council to set fees necessary to cover the costs of administering Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code. The Executive Council adopted a rule to implements this statutory duty but the adopted fee schedule omitted the initial licensure fee that is being charged for Licensed Marriage and Family Therapist (LMFT) applications, this adopted fee is the same as the fee that was being charged by the LMFT Board; the LMFT associate extension base fee was off by $5 dollars and needed to be increased accordingly; the mention of an upgrade fee for a Licensed Master Social Worker-Advanced Practitioner (LMSW-AP) needed to be deleted since LMSW-AP applications are no longer being accepted; and the $5 fee previously listed in the Texas.gov column for examinations fees is actually the base fee and the fee schedule needed to be amended accordingly.

Texas Department of State Health Services

Adopted Rules

New 25 TAC §§40.11 – 40.18, establishing Epinephrine auto-injector policies for certain entities

CHAPTER 40. EPINEPHRINE AUTO-INJECTOR AND ANAPHYLAXIS POLICIESSUBCHAPTER B. EPINEPHRINE AUTO-INJECTOR POLICIES IN CERTAIN ENTITIES25 TAC §§40.11 – 40.18OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §§40.11 – 40.18, concerning Epinephrine Auto-Injector Policies in Certain Entities.BACKGROUND AND JUSTIFICATION The adopted rules implement House Bill (H.B.) 1849 and H.B. 4260, 86th Legislature, Regular Session, 2019, which amended Texas Human Resources Code, Chapter 42, Subchapter C, and Texas Health and Safety Code, Chapter 773, Subchapter A. The bills require the adoption of rules for the stocking and administering of unassigned epinephrine auto-injectors in amusement parks, restaurants, sports venues, child-care facilities, day camps or youth camps, youth centers, small employer-based day-care facilities, temporary shelter day-care facilities, and listed family homes that voluntarily adopt unassigned epinephrine auto-injector policies. If a venue or youth facility voluntarily adopts a policy, trained personnel or volunteers may administer an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.DSHS convened the Stock Epinephrine Advisory Committee (SEAC) to request recommendations on how to integrate evidence-based practices in the rules while allowing flexibility for the entities and youth facilities. The SEAC recommended stocking at least one adult epinephrine auto-injector pack, the required training to implement the rules, and the requirement to report the administration of an epinephrine auto-injector to DSHS within 10 business days after the administration of an epinephrine auto-injector. The new rules allow flexibility so that venues and youth facilities may develop policies specific to each location, including geography and venue population size.

Texas Department of State Health Services

Adopted Rules

New 25 TAC §§40.21 – 40.28, establishing Epinephrine auto-injector policies for youth facilities

CHAPTER 40. EPINEPHRINE AUTO-INJECTOR AND ANAPHYLAXIS POLICIESSUBCHAPTER C. EPINEPHRINE AUTO-INJECTOR POLICIES IN YOUTH FACILITIES25 TAC §§40.21 – 40.28OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §§40.21 – 40.28, concerning Epinephrine Auto-Injector Policies in Youth Facilities.BACKGROUND AND JUSTIFICATION The adopted rules implement House Bill (H.B.) 1849 and H.B. 4260, 86th Legislature, Regular Session, 2019, which amended Texas Human Resources Code, Chapter 42, Subchapter C, and Texas Health and Safety Code, Chapter 773, Subchapter A. The bills require the adoption of rules for the stocking and administering of unassigned epinephrine auto-injectors in amusement parks, restaurants, sports venues, child-care facilities, day camps or youth camps, youth centers, small employer-based day-care facilities, temporary shelter day-care facilities, and listed family homes that voluntarily adopt unassigned epinephrine auto-injector policies. If a venue or youth facility voluntarily adopts a policy, trained personnel or volunteers may administer an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.DSHS convened the Stock Epinephrine Advisory Committee (SEAC) to request recommendations on how to integrate evidence-based practices in the rules while allowing flexibility for the entities and youth facilities. The SEAC recommended stocking at least one adult epinephrine auto-injector pack, the required training to implement the rules, and the requirement to report the administration of an epinephrine auto-injector to DSHS within 10 business days after the administration of an epinephrine auto-injector. The new rules allow flexibility so that venues and youth facilities may develop policies specific to each location, including geography and venue population size.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC, Subchapter D, establishing provisions to govern Outpatient Competency Restoration programs

CHAPTER 307. BEHAVIORAL HEALTH PROGRAMSSUBCHAPTER D. OUTPATIENT COMPETENCY RESTORATION26 TAC §§307.151, 307.153, 307.155, 307.157, 307.159, 307.161, 307.163, 307.165, 307.167, 307.169, 307.171, 307.173, 307.175OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new §307.151, concerning Purpose; §307.153, concerning Application; §307.155, concerning Definitions; §307.157, concerning Criteria for Admission to an Outpatient Competency Restoration Program; §307.159, concerning Recommendation Regarding Outpatient Competency Restoration Program Admission; §307.161, concerning General Service Requirements; §307.163, concerning Assessment, Reassessment and Court Reporting; §307.165, concerning Discharge Requirements; §307.167, concerning Data; §307.169, concerning Written Policies and Procedures; §307.171, concerning Staff Member Training; §307.173, concerning Rights; and §307.175, concerning Compliance with Statutes and Rules.BACKGROUND AND JUSTIFICATION The new sections are necessary to implement amendments made to the Code of Criminal Procedure, Chapter 46B, by Senate Bill (S.B.) 1326, 85th Legislature, Regular Session, 2017, which added competency restoration to outpatient treatment options. Specifically, S.B. 1326 provides that an individual charged with certain crimes may be released on bail and ordered to participate in an outpatient competency restoration (OCR) program contingent upon the availability of the service and an evaluation of the individual’s level of risk to the community. These rules establish standards for entities that contract with HHSC to provide OCR services.

Texas Department of Insurance

Adopted Rules

Division of Workers’ Compensation amends 28 TAC §112.101 to clarify the scope of compensation liability between general contractors and subcontractors

CHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.101OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 Texas Administrative Code §112.101, concerning the scope of liability for compensation between general contractors and subcontractors. SUMMARY OF CHANGES The amendments to §112.101(a), (b), (c)(2), (d), and (e) replace “shall” with “must.” The amendments to §112.101(d) add “insurance” before “carrier” and amend §112.101(e) to remove “the” before “Texas” and the comma after “Code.” DWC also amends the title of §112.101 to replace “Regarding” with “regarding” and “Between” with “between.” These amendments clarify the meaning of the rules and conform them to current agency style.BACKGROUND AND JUSTIFICATIONThe adopted amendments are necessary to update the rule language to conform with the changes the Legislature made to Texas Labor Code §406.145 under House Bill (HB) 1665, 86th Legislature, Regular Session (2019). The adopted amendments also delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E are deleted. The sections in Subchapters B, C, D, and E are not deleted.

Texas Department of Insurance

Adopted Rules

Division of Workers’ Compensation amends 28 TAC §112.102 to clarify the scope of compensation liability between motor carriers and owner operators

CHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.102OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 Texas Administrative Code §112.102, concerning the scope of liability for compensation between motor carriers and owner operators. SUMMARY OF CHANGES The amendments to §112.102(b), (d), (e), and (f) replace “shall” with “must.” The amendments to §112.102(f) remove “the” before “Texas,” as well as “Workers’ Compensation Act,” and the comma after “§406.005.” The amendments add “Labor Code” after “Texas.” These amendments clarify the meaning of the rules and conform them to current agency style.BACKGROUND AND JUSTIFICATIONThe adopted amendments are necessary to update the rule language to conform with the changes the Legislature made to Texas Labor Code §406.145 under House Bill (HB) 1665, 86th Legislature, Regular Session (2019). The adopted amendments also delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E are deleted. The sections in Subchapters B, C, D, and E are not deleted.

Texas Department of Insurance

Adopted Rules

Division of Workers’ Compensation amends 28 TAC §112.203 to clarify the scope of compensation liability for certain building and construction workers

CHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.203OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 Texas Administrative Code §112.203, concerning the scope of liability for compensation for certain building and construction workers. SUMMARY OF CHANGES The amendments to §112.203(a) remove “the Commission and” from the hiring contractor filing requirements and are consistent with Labor Code changes in HB 1665, 86th Legislature, Regular Session (2019) that now require a copy of a subsequent hiring agreement, to which the joint agreement under Labor Code §406.145 does not apply, to be filed with DWC only on request. This amendment is necessary to reflect DWC’s intent that the agreement no longer must be filed with DWC. DWC also amends §112.203(b) and (d) to replace “Commission” with “division.” These amendments are necessary to reflect DWC’s current agency name and are consistent with the amendments made to Chapter 112 in 2018. DWC also amends the title of §112.203 to replace “To” with “to.” This amendment conforms to current agency style.BACKGROUND AND JUSTIFICATIONThe adopted amendments are necessary to update the rule language to conform with the changes the Legislature made to Texas Labor Code §406.145 under House Bill (HB) 1665, 86th Legislature, Regular Session (2019). The adopted amendments also delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E are deleted. The sections in Subchapters B, C, D, and E are not deleted.

Texas Department of Insurance

Adopted Rules

Division of Workers’ Compensation amends 28 TAC §112.301 to clarify the scope of compensation liability for farm and ranch employees

CHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.301OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 Texas Administrative Code §112.301, concerning the scope of liability for compensation for farm and ranch employees. SUMMARY OF CHANGES DWC amends the title of §112.301 to “Labor Agent’s Notification of Coverage for Certain Farm or Ranch Employees.” This amendment adds clarity to the section title in the absence of subchapter titles.BACKGROUND AND JUSTIFICATIONThe adopted amendments are necessary to update the rule language to conform with the changes the Legislature made to Texas Labor Code §406.145 under House Bill (HB) 1665, 86th Legislature, Regular Session (2019). The adopted amendments also delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E are deleted. The sections in Subchapters B, C, D, and E are not deleted.

Texas Department of Insurance

Adopted Rules

Division of Workers’ Compensation amends 28 TAC §112.401 to clarify the scope of compensation liability for certain professional athletes

CHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.401OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 Texas Administrative Code §112.401, concerning the scope of liability for compensation for certain professional athletes. SUMMARY OF CHANGES The amendments to §112.401(e) expand the acceptable ways to deliver the agreement or contract between a professional athlete and a franchise. The amendments to §112.401(b) replace “Texas Workers’ Compensation Commission” with “Texas Department of Insurance, Division of Workers’ Compensation,” and amendments to §112.401(d) replace “Commission” with “division.” DWC also amends the required language of the agreement or contract between a professional athlete and a franchise. The amendments are necessary to reflect the division’s current name and conform this section to current agency style.BACKGROUND AND JUSTIFICATIONThe adopted amendments are necessary to update the rule language to conform with the changes the Legislature made to Texas Labor Code §406.145 under House Bill (HB) 1665, 86th Legislature, Regular Session (2019). The adopted amendments also delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E are deleted. The sections in Subchapters B, C, D, and E are not deleted.

Texas Department of Insurance

Adopted Rules

Division of Workers’ Compensation amends 28 TAC §116.11 to update procedures for Subsequent Injury Fund requests and disbursements

CHAPTER 116. GENERAL PROVISIONS–SUBSEQUENT INJURY FUND28 TAC §116.11OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 Texas Administrative Code §116.11, relating to Request for Reimbursement from the Subsequent Injury Fund (SIF). The amendments are adopted with changes to the proposed text published in the December 4, 2020, issue of the Texas Register (45 TexReg 8736). Two references to Texas Administrative Code sections were added. The rule will be republished.BACKGROUND AND JUSTIFICATION Section 116.11 applies to an insurance carrier’s request to the SIF for reimbursement under Texas Labor Code §403.006. The amended section is necessary to update DWC’s method for receiving SIF requests to increase the security of protected health information and increase SIF processing efficiency.The previous version of §116.11 required that an insurance carrier file its reimbursement requests with the SIF administrator in writing, but the rule did not require the use of DWC forms when requesting reimbursement and specify the manner of delivery of the SIF request. DWC amends §116.11 to require electronic submission of SIF requests in the form and manner DWC prescribes to improve the security of protected private claim data contained in the SIF requests.SIF staff developed DWC forms for each type of SIF request. To increase DWC’s efficiency in processing requests, DWC adopts amendments to §116.11 to require insurance carriers to electronically submit all §116.11(a)(1)-(5) requests using DWC Form-095 through DWC Form-098. Subsections (c) and (f) require electronic submission and use of DWC Form-095, Overturned Order or Designated Doctor Opinion. Subsection (d) requires electronic submission and use of DWC Form-096, Refund of Death Benefits. Subsection (e) requires electronic submission and use of DWC Form-097, Multiple Employment. Subsection (g) requires electronic submission and use of DWC Form-098, Pharmaceutical. Each form instructs how the SIF reimbursement request may be electronically submitted to DWC.

Texas Health and Human Services Commission

Transferred Rule

HHSC will assume authority over early childhood intervention services

OVERVIEWAuthority over early childhood intervention services is being transferred from the Department of Assistive and Rehabilitative Services to the Health and Human Services Commission. Consequently, rules previously located at 40 TAC, Chapter 108 are being transferred to 26 TAC, Chapter 350. The rules will be transferred in the Texas Administrative Code effective March 1, 2021.BACKGROUND AND JUSTIFICATION 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(a), specified the Department of Assistive and Rehabilitative Services (DARS) be abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services in accordance with Texas Government Code, §531.0201. The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 108, Division for Early Childhood Intervention Services are being transferred to 26 TAC Part 1, Chapter 350, Division for Early Childhood Intervention Services.A chart outlining the specific rules to be transferred is included in this week’s edition of the Texas Register (46 Tex Reg 941). 

Texas Health and Human Services Commission

Transferred Rule

HHSC will assume authority over deaf and hard of hearing services

Notices

Following official rule review, Division of Workers’ Compensation has readopted the rules located in 28 TAC, Chapters 129 – 137

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) has completed its rule review of the following chapters in 28 Texas Administrative Code and has determined that the reasons for initially adopting the rules in these chapters continue to exist:Chapter 129:Income Benefits – Temporary Income BenefitsChapter 130: Impairment and Supplemental Income BenefitsChapter 131: Benefits – Lifetime Income BenefitsChapter 132: Death Benefits – Death and Burial Benefits Chapter 133: General Medical ProvisionsChapter 134: Benefits – Guidelines for Medical Services, Charges, and Payments Chapter 136: Benefits – Vocational Rehabilitation Chapter 137: Disability Management Notice of the review was published in the Texas Register on October 2, 2020, (45 TexReg 7045).

Texas Health and Human Services Commission

In Addition

HHSC has published the Long-Term Care Plan for Persons with an Intellectual Disability or Related Condition for State Fiscal Years 2020-2021

The Final Long-Term Care Plan for Persons with an Intellectual Disability or Related Condition for State Fiscal Years 2020-2021 is available on the HHSC Web site at: https://hhs.texas.gov/laws-regulations/reports-presentations. Alternatively, interested parties may request a free copy of the Final Long-Term Care Plan by contacting the HHSC Quality Reporting Unit by U.S. mail, telephone, or by email at addresses, which are listed in this week’s edition of the Texas Register (46 Tex Reg 961). 

Texas Health and Human Services Commission

In Addition

HHSC intends to submit an amended Texas Managed Care Quality Strategy

OVERVIEWThe Texas Health and Human Services Commission (HHSC) announces its intent to submit to the Centers for Medicare & Medicaid Services (CMS) an updated Texas Managed Care Quality Strategy on or before March 31, 2021.The revised Quality Strategy will describe new quality improvement programs and activities; update the status of initiatives labeled Future Programs in the previous version; reflect updated organizational descriptions; and remove outdated information, including references to completed initiatives. In addition, quality improvement priorities from the HHS Healthcare Quality Plan (published November 2017) have been updated and incorporated into the Quality Strategy as managed care quality goals and mapped to quality activities.ADDITIONAL INFORMATION The proposed updated Texas Managed Care Quality Strategy is available on the HHSC website, which can be viewed at this link: https://hhs.texas.gov/about-hhs/process-improvement/improving-services-texans/medicaid-chip-quality-efficiency-improvement/quality-strategy. For reference, the current Texas Managed Care Quality Strategy (last edited and submitted to CMS in March 2018) is also available via that link. Interested parties may obtain additional information and/or a free copy of the proposed Quality Strategy update by contacting Amanda Sablan by mail at Texas Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711-3247; by phone at (512) 487-3446; or by email at TX_Medicaid_Waivers@hhsc.state.tx.us.PUBLIC COMMENT The public will have an opportunity to comment on the proposed update from Friday, February 5, 2021, to Monday, March 8, 2021. Comments may be submitted to addresses listed in this week’s edition of the Texas Register (46 Tex Reg 961). 

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