Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 2 Texas Health and Human Services Commission
- 3 Texas Department on Aging and Disability Services
- 4 Texas Department of State Health Services
- 5 Texas Board of Nursing
- 6 Texas Health and Human Services Commission
- 7 Texas Department of Insurance
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Texas Health and Human Services Commission
Emergency Rule
Renewing emergency rule 26 TAC §339.101 to enable the provision of essential services to individuals with intellectual and developmental disabilities during the COVID-19 crisis
CHAPTER 339. EMERGENCY RULE RELATED TO A STATE FACILITY, LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY, LOCAL MENTAL HEALTH AUTHORITY, AND LOCAL BEHAVIORAL HEALTH AUTHORITYSUBCHAPTER A. COVID-19 EMERGENCY RULE26 TAC §339.101OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §339.101 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 6832).The rule allows individuals additional time to request certain reviews conducted by a local intellectual and developmental disability authority (LIDDA) and administrative hearings conducted by HHSC, and to take action to comply with certain accountability requirements. The rule also allows a LIDDA or state facility more time to submit to HHSC an individual’s request for an administrative hearing. The rule allows a meeting between a service coordinator and an individual to be conducted by telephone or videoconferencing, rather than face-to-face, and allows a visit to community living options to be conducted virtually rather than in-person. The rule changes the requirement that a LIDDA withdraw an offer of Home and Community-based Services Program services for certain reasons to a requirement that the LIDDA not withdraw an offer, or obtain HHSC’s approval before withdrawing an offer. The rule allows additional time for a LIDDA to complete certain activities after the LIDDA is notified of changes to an individual’s level of need (LON) and additional time to notify HHSC if the LIDDA is unable to complete the activities. The rule allows a LIDDA to assess an individual by telecommunication after the LIDDA is notified by HHSC of changes to an individual’s LON. The rule also allows a LIDDA more time to submit a plan of correction to HHSC after a review exit conference. The rule permits HHSC to implement the waivers the Centers for Medicare and Medicaid Services granted to Texas under Section 1135 of the Social Security Act concerning the preadmission screening and resident review (PASRR) process. The rule requires a nursing facility to submit each new admission as an exempted hospital discharge, which gives the LIDDA, local mental health authority (LMHA), or local behavioral health authority (LBHA) additional time to do a PASRR evaluation (PE), if one is required. The rule also permits a LIDDA, LMHA, or LBHA to conduct PEs and resident reviews and a habilitation coordinator to provide habilitation coordination by telephone or videoconferencing, rather than face-to-face.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 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 regarding Temporary Changes to Requirements.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §553.2004, establishing reporting requirements for vaccinations of staff and residents in assisted living facilities
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 RESPONSE26 TAC §553.2004OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 553, Licensing Standards for Assisted Living Facilities, new §553.2004, concerning an emergency rule to track vaccinations of staff and residents in long-term care facilities in Texas in response to COVID-19. HHSC is adopting this emergency rule to require assisted living facilities to accurately report COVID-19 vaccination data for staff and residents to HHSC in the format established by HHSC within 24 hours of completing a round of vaccinations. This rule is necessary to accurately track vaccinations of staff and residents in long-term care facilities in Texas.BACKGROUND AND JUSTIFICATION As authorized by Texas 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 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 Assisted Living Facility COVID-19 Vaccination Data Reporting.
Texas Department on Aging and Disability Services
Emergency Rule
New 40 TAC §19.2804, establishing reporting requirements for vaccinations of staff and residents in long-term nursing facilities
CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATIONSUBCHAPTER CC. COVID-19 EMERGENCY RULE40 TAC §19.2804OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis new §19.2804 in Title 40, Texas Administrative Code, Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, Subchapter CC, COVID-19 Emergency Rule. HHSC is adopting this emergency rule to track vaccinations of staff and residents in long-term care facilities in Texas in response to COVID-19.The Executive Commissioner of HHSC adopts this emergency rule to require nursing facilities to accurately report COVID-19 vaccination data for staff and residents to HHSC in the format established by HHSC within 24 hours of completing a round of vaccinations. The rule is necessary to accurately track vaccinations of staff and residents in long-term care facilities in Texas.BACKGROUND AND JUSTIFICATION As authorized by Government Code, §2001.034, HHSC 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.The proposed 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. 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 Nursing Facility COVID-19 Vaccination Data Reporting.
Texas Department of State Health Services
Proposed Rules
CHAPTER 131. FREESTANDING EMERGENCY MEDICAL CARE FACILITIESOVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Title 25, Part 1, Chapter 131, concerning Freestanding Emergency Medical Care Facilities. The repealed chapter is comprised of §§131.1, 131.2, 131.21 – 131.31, 131.41 – 131.68, 131.81, 131.82, 131.101 – 131.109, 131.121 – 131.123, and 131.141 – 131.148.The proposed repeal of Title 25, Chapter 131 allows similar rules to be proposed as new rules in Title 26, Chapter 509.BACKGROUND AND JUSTIFICATIONThe purpose of this proposal is to repeal the rules in Chapter 131, Freestanding Emergency Medical Care Facilities, and propose new rules in Title 26, Part 1, Chapter 509, Freestanding Emergency Medical Care Facilities. The rules for Title 26, Chapter 509 are proposed elsewhere in this issue of the Texas Register and are substantially similar to the rules proposed for repeal. The new rules will comply with current statute, update guidelines for inspections and investigations, correct outdated citations, and update language throughout to reflect the transition to the new title.
Texas Board of Nursing
Adopted Rules
Amending 22 TAC §217.7 to update Texas Nurse Portal recordkeeping requirements
CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.7OVERVIEWThe Texas Board of Nursing (Board) adopts amendments to §217.7, relating to Change of Name and/or Address, without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8701). The rule will not be republished.SECTION-BY-SECTION SUMMARY Adopted §217.7(a) requires a nurse or applicant to notify the Board within ten days of a change of name by submitting a legal document reflecting the name change in the Texas Nurse Portal accessible through the Board’s website.Adopted §217.7(b) requires a nurse or applicant to notify the Board within ten days of a change of address by submitting the new address in the Texas Nurse Portal accessible through the Board’s website.BACKGROUND AND JUSTIFICATION On June 15, 2020, the Board launched the Texas Nurse Portal. The Texas Nurse Portal is a paperless, online system that allows individuals to apply for nurse licensure by examination, endorsement, or renewal. In an effort to continue moving the Board’s work flow to a paperless system, the adopted amendments require all name and address changes to be made online through the Texas Nurse Portal.
Texas Health and Human Services Commission
In Addition
HHSC has submitted a proposed amendment to the Home and Community-based Services Waiver application
OVERVIEWDue to the public health emergency resulting from COVID-19, the Health and Human Services Commission (HHSC) submitted a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Home and Community-based Services (HCS) waiver program through an Appendix K. This request is for HHSC to make retainer payments to HCS program providers for residential support and supervised living when an individual, whose residence is a program provider’s three-person residence or four-person residence, is not receiving residential support or supervised living because the individual is living away from the residence during the COVID-19 public health emergency. Providers will be allowed to bill up to 90 days from March 20, 2020 to October 23, 2020 for individuals receiving residential support or supervised living.PUBLIC COMMENT An individual may obtain a free copy of the proposed waiver amendment, ask questions, obtain additional information, or submit comments regarding this amendment by contacting Luis Solorio by telephone or email. Addresses are listed in this week’s edition of the Texas Register (46 Tex Reg 651).
Texas Department of Insurance
In Addition
OVERVIEWThe Department of Insurance (TDI) will hold a public hearing to consider proposed amendments to 28 TAC §§21.3530, 21.3535, 21.3542, 21.3543, and 21.3544, concerning required notices for consumer choice health benefit plans, and the proposed repeal of 28 TAC §§21.3525 – 21.3528, concerning additional requirements, published in the Texas Register on December 4, 2020, at 45 TexReg 8729.HEARING DETAILS The hearing will begin at 2:30 p.m., central time, on February 9, 2021. To avoid the risk of transmission of COVID-19, TDI will hold the public hearing remotely using online resources. TDI’s website has instructions on how to register for and participate in the hearing. This information is available at https://www.tdi.texas.gov//alert/event/2021/02/docket-2827.html.PUBLIC COMMENTIf you plan to speak, you should register on or before noon, central time, on February 4, 2021. Please make certain you register for Docket No. 2827. You will be called by name when it is your turn to speak.The period to submit written comments on this rule proposal closed at 5:00 p.m., central time, on Monday, January 4, 2021, and all written comments received during the comment period will be taken into consideration in preparation of the adoption order. TDI will also consider oral comments made during this public hearing.
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