29 Jan 2022

Texas Register January 28, 2022 Volume: 47 Number: 4

by | posted in: Governor, Texas Department of Licensing and Regulation, Texas Department of State Health Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

The Governor

Appointments Re:

The Governor appointed three individuals to the Nursing Facility Administrators Advisory Committee and seven individuals to the Texas Council for Developmental Disabilities.

Appointments for January 13, 2022

Appointed to the Nursing Facility Administrators Advisory Committee for a term to expire February 1, 2027:

  • Liam M. Fry, M.D. of Austin, Texas (Dr. Fry is being reappointed).
  • Abraham Mathew, D.B.A. of Pasadena, Texas (Dr. Mathew is being reappointed).
  • Ronald S. “Ron” Palomares, Ph.D. of Dallas, Texas (replacing Joel Alfred Arrigucci of El Paso, whose term expired).

Appointments for January 18, 2022

Appointed to the Texas Council for Developmental Disabilities for a term to expire February 1, 2025:

  • Amanda A. Miles of Alvin, Texas (replacing Paul W. Cardarella of Abilene, who resigned).

Appointed to the Texas Council for Developmental Disabilities for a term to expire February 1, 2027:

  • Deborah A. “Debbie” Carlisle of Austin, Texas (replacing Molly K. Spratt of Austin, whose term expired).
  • Kyle D. Cox of College Station, Texas (replacing Kimberly Anne Blackmon of Fort Worth, whose term expired).
  • Scott A. McAvoy of Cedar Park, Texas (Mr. McAvoy is being reappointed).
  • Angela L. “Angie” Panzica of Houston, Texas (replacing Rebecca “Hunter” Adkins of Lakeway, whose term expired).
  • Randell K. Resneder of Wolfforth, Texas (Mr. Resneder is being reappointed).
  • Jaime L. Thomas of Abilene, Texas (replacing Kristen L. Cox of College Station, whose term expired).

Texas Department of Licensing and Regulation

Proposed Rules Re:

Repealing 16 TAC §§100.1, 100.10, 100.31, 100.50 to update and provide clarity to general rules related to licensing and regulation of health-related programs.

CHAPTER 100. GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS
16 TAC §§100.1, 100.10, 100.31, 100.50

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC) Chapter 100, §§100.1 – 100.3, 100.11, 100.60 – 100.65, and 100.70 – 100.73; the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50; amendments to existing rules at §§100.20, 100.30, and 100.40; and the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. These proposed changes are referred to as the “proposed rules.”

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 100 implement Texas Occupations Code Chapter 51, General Provisions.

The proposed rules implement the provisions of Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and the provisions of Texas Occupations Code §51.501, as well as changes identified by the Department as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The proposed rules are necessary to provide guidelines to health professionals for the use of telehealth and remote continuing education, update rule provisions to reflect current Department procedures, amend outdated rule language, and relocate certain podiatry-specific provisions required by Texas Occupations Code §51.2032 to the podiatry chapter. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 130, regarding the Podiatry program.

SECTION-BY-SECTION SUMMARY

  • The proposed rules create new Subchapter A, General Provisions.
  • The proposed rules repeal §100.1, Applicability, and replace it with a new §100.1. The proposed new rule amends the text of this rule to reflect the applicability of Chapter 100 as revised by this rulemaking.
  • The proposed rules repeal §100.10, Definitions, as the text is being relocated to the proposed §100.2 discussed above.
  • The proposed rules create new Subchapter B, Certain Health-Related Advisory Boards.
  • The proposed rules repeal existing §100.31, Rules Regarding the Podiatric Medicine Program. The provisions of this rule are being relocated to Chapter 130 of the Department’s rules in a concurrent rulemaking.
  • The proposed rules repeal existing §100.50, Continuing Education Procedures for the Podiatric Medicine Program. The provisions of this rule are being relocated to Chapter 130 of the Department’s rules in a concurrent rulemaking.
New 16 TAC §§100.1 – 100.3, outlining the definitions and enforcement authority for regulation of health-related programs.

CHAPTER 100. GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §§100.1 – 100.3

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC) Chapter 100, §§100.1 – 100.3, 100.11, 100.60 – 100.65, and 100.70 – 100.73; the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50; amendments to existing rules at §§100.20, 100.30, and 100.40; and the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. These proposed changes are referred to as the “proposed rules.”

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 100 implement Texas Occupations Code Chapter 51, General Provisions.

The proposed rules implement the provisions of Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and the provisions of Texas Occupations Code §51.501, as well as changes identified by the Department as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The proposed rules are necessary to provide guidelines to health professionals for the use of telehealth and remote continuing education, update rule provisions to reflect current Department procedures, amend outdated rule language, and relocate certain podiatry-specific provisions required by Texas Occupations Code §51.2032 to the podiatry chapter. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 130, regarding the Podiatry program.

SECTION-BY-SECTION SUMMARY

  • The proposed rules create new Subchapter A, General Provisions.
  • The proposed rules repeal §100.1, Applicability, and replace it with a new §100.1. The proposed new rule amends the text of this rule to reflect the applicability of Chapter 100 as revised by this rulemaking.
  • The proposed rules adopt new §100.2, Definitions. The proposed rules adopt this rule text as a relocation of the existing §100.10, which is being repealed. The text is identical to the current §100.10.
  • The proposed rules adopt new §100.3, Administrative Penalties and Sanctions, outlining the enforcement authority of the Department for violations of the chapter.
Amending 16 TAC §§100.20, 100.30, 100.40 to update language surrounding regulation of advisory boards for health-related programs.

CHAPTER 100. GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS
SUBCHAPTER B. CERTAIN HEALTH-RELATED ADVISORY BOARDS
16 TAC §§100.11, 100.20, 100.30, 100.40

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC) Chapter 100, §§100.1 – 100.3, 100.11, 100.60 – 100.65, and 100.70 – 100.73; the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50; amendments to existing rules at §§100.20, 100.30, and 100.40; and the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. These proposed changes are referred to as the “proposed rules.”

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 100 implement Texas Occupations Code Chapter 51, General Provisions.

The proposed rules implement the provisions of Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and the provisions of Texas Occupations Code §51.501, as well as changes identified by the Department as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The proposed rules are necessary to provide guidelines to health professionals for the use of telehealth and remote continuing education, update rule provisions to reflect current Department procedures, amend outdated rule language, and relocate certain podiatry-specific provisions required by Texas Occupations Code §51.2032 to the podiatry chapter. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 130, regarding the Podiatry program.

SECTION-BY-SECTION SUMMARY

  • The proposed rules create new Subchapter B, Certain Health-Related Advisory Boards.
  • The proposed rules adopt new §100.11, Applicability, outlining the applicability of Subchapter B to certain health-related programs administered by the Department.
  • The proposed rules amend existing §100.20, Providing Information to Advisory Boards for Certain Health-Related Programs, to update language regarding citations to the Occupations Code and health “programs” instead of “professions.”
  • The proposed rules amend existing §100.30, Rules Regarding Certain Health-Related Programs, to update language regarding citations to the Occupations Code and remove references to an expiration date which is no longer in effect.
  • The proposed rules amend existing §100.40, Enforcement Procedures for Certain Health-Related Programs. The proposed rules add a citation for the rule’s authority, remove references to employees of the Department of State Health Services, add subsection (g) regarding the immunity of expert reviewers, and make clarifying changes to the structure of the rule.
New 16 TAC §§100.60 – 100.65, describing license and regulation requirements for telehealth services in health-related programs.

CHAPTER 100. GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS
SUBCHAPTER C. TELEHEALTH
16 TAC §§100.60 – 100.65

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC) Chapter 100, §§100.1 – 100.3, 100.11, 100.60 – 100.65, and 100.70 – 100.73; the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50; amendments to existing rules at §§100.20, 100.30, and 100.40; and the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. These proposed changes are referred to as the “proposed rules.”

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 100 implement Texas Occupations Code Chapter 51, General Provisions.

The proposed rules implement the provisions of Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and the provisions of Texas Occupations Code §51.501, as well as changes identified by the Department as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The proposed rules are necessary to provide guidelines to health professionals for the use of telehealth and remote continuing education, update rule provisions to reflect current Department procedures, amend outdated rule language, and relocate certain podiatry-specific provisions required by Texas Occupations Code §51.2032 to the podiatry chapter. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 130, regarding the Podiatry program.

SECTION-BY-SECTION SUMMARY

  • The proposed rules create new Subsection C, Telehealth.
  • The proposed rules adopt new §100.60, Applicability, outlining the applicability of Subchapter C to the health-related programs administered by the Department under Title 3, Occupations Code.
  • The proposed rules adopt new §100.61, Definitions, providing definitions relevant for the provisions of Subchapter C.
  • The proposed rules adopt new §100.62, License Requirement, specifying the requirement for a license issued by the Department unless an exemption under other applicable law or rule applies.
  • The proposed rules adopt new §100.63, Standard of Care, establishing that a telehealth service is subject to the same standard of care as an in-person service and nothing in Subchapter C requires a higher standard of care or otherwise alters the applicable standard of care governing the treatment provided.
  • The proposed rules adopt new §100.64, Appropriate Client Care and Fraud Prevention, providing guidelines for health professionals providing telehealth services to ensure appropriate client care and fraud prevention.
  • The proposed rules adopt new §100.65, Client Privacy, requiring health professionals providing telehealth services to protect client privacy as required by federal and state law.
  • The proposed rules create new Subchapter D, Remote Continuing Education for Health Professionals.
New 16 TAC §§100.70 – 100.72, outlining requirements for remote continuing education for health professionals.

CHAPTER 100. GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS
SUBCHAPTER D. REMOTE CONTINUING EDUCATION FOR HEALTH PROFESSIONALS
16 TAC §§100.70 – 100.72

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC) Chapter 100, §§100.1 – 100.3, 100.11, 100.60 – 100.65, and 100.70 – 100.73; the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50; amendments to existing rules at §§100.20, 100.30, and 100.40; and the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. These proposed changes are referred to as the “proposed rules.”

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 100 implement Texas Occupations Code Chapter 51, General Provisions.

The proposed rules implement the provisions of Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and the provisions of Texas Occupations Code §51.501, as well as changes identified by the Department as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The proposed rules are necessary to provide guidelines to health professionals for the use of telehealth and remote continuing education, update rule provisions to reflect current Department procedures, amend outdated rule language, and relocate certain podiatry-specific provisions required by Texas Occupations Code §51.2032 to the podiatry chapter. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 130, regarding the Podiatry program.

SECTION-BY-SECTION SUMMARY

  • The proposed rules create new Subchapter D, Remote Continuing Education for Health Professionals.
  • The proposed rules adopt new §100.70, Applicability, outlining the applicability of Subchapter D to the health-related programs administered by the Department under Title 3, Occupations Code.
  • The proposed rules adopt new §100.71, Definitions, providing definitions relevant for the provisions of Subchapter D.
  • The proposed rules adopt new §100.72, Remote Continuing Education for Health Professionals, permitting use of remote continuing education if allowed by federal and state law and the Department rules governing the health professional’s licensure.
Amending 16 TAC §130.27 to update advisory board rules within a podiatric medicine program.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER B. ADVISORY BOARD
16 TAC §130.27

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.27, and a new rule at Subchapter G, §130.75, regarding the Podiatry Program. These proposed changes are referred to as the “proposed rules.”

The proposed rules amend §130.27, Meetings. The proposed rules amend the title of the rule to “Advisory Board Meetings and Duties of Department.” The proposed rules duplicate the provisions of existing 16 TAC §100.20, Providing Information to Advisory Boards for Certain Health-Related Programs, with minor changes to the text making it podiatry-specific. The proposed rules also relocate 16 TAC §100.31, Rules Regarding the Podiatric Medicine Program, and §100.50, Continuing Education Procedures for the Podiatric Medicine Program, to this rule section, creating new subsections and re-lettering the existing rule text accordingly. The Department’s rules in Chapter 100 are being amended to remove podiatry references and §100.31 and §100.50 are being repealed in a concurrent rulemaking.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 130 implement Texas Occupations Code Chapter 202, Podiatrists.

The proposed rules implement certain podiatry-specific provisions required by Texas Occupations Code §51.2032. The proposed rules are necessary to relocate these provisions from their existing locations to the chapter of Department rules specifically regulating podiatry. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 100, regarding General Provisions for Health-Related Programs, and the reorganization of that chapter has resulted in the need for the proposed rules.

New 16 TAC §130.75, creating enforcement procedures within a podiatric medicine program.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER G. ENFORCEMENT
16 TAC §130.75

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.27, and a new rule at Subchapter G, §130.75, regarding the Podiatry Program. These proposed changes are referred to as the “proposed rules.”

The proposed rules adopt new §130.75, Establishment of Enforcement Procedures. This new rule creates a podiatry-specific version of the text of existing 16 TAC §100.40, Enforcement Procedures for Certain Health-Related Programs.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 130 implement Texas Occupations Code Chapter 202, Podiatrists.

The proposed rules implement certain podiatry-specific provisions required by Texas Occupations Code §51.2032. The proposed rules are necessary to relocate these provisions from their existing locations to the chapter of Department rules specifically regulating podiatry. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 100, regarding General Provisions for Health-Related Programs, and the reorganization of that chapter has resulted in the need for the proposed rules.

Department of State Health Services

Withdrawn Rules Re:

Withdrawing the repeal of 25 TAC §133.101, §133.102, which concerned updating the inspections and complaint investigations procedures for general and special hospitals.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER F. INSPECTION AND INVESTIGATION PROCEDURES
25 TAC §133.101, §133.102

Proposed repeal of §133.101 and §133.102, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4081), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 25 TAC §§133.101 – 133.106, which sought to update the inspections and complaint investigations procedures for general and special hospitals.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER F. INSPECTION AND INVESTIGATION PROCEDURES
25 TAC §§133.101 – 133.106

Proposed new §§133.101 – 133.106, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4081), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 25 TAC §133.121, which was proposed to ensure consistent practices across all Health Care Regulation (HCR) rulesets.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER G. ENFORCEMENT
25 TAC §133.121

Proposed amended §133.121, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4081), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing the repeal of 25 TAC §§135.21, 135.24, 135.25, which concerned operating requirements for ambulatory surgical centers.

CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §§135.21, 135.24, 135.25

Proposed repeal of §§135.21, 135.24, and 135.25, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4087), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 25 TAC §135.22, which proposed amendments to operating requirements for ambulatory surgical centers.

CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §135.22

Proposed amended §135.22, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4087), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

New 25 TAC §§135.61 – 135.66, which concerned inspection, investigation, and enforcement procedures for ambulatory surgical centers.

CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER D. INSPECTION, INVESTIGATION, AND ENFORCEMENT PROCEDURES
25 TAC §§135.61 – 135.66

Proposed new §§135.61 – 135.66, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4087), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Health and Human Services Commission

Withdrawn Rules Re:

Withdrawing the repeal of 26 TAC §506.61, §506.62, which concerned updating inspections and investigations for special care facilities.

CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER E. INSPECTIONS AND INVESTIGATIONS
26 TAC §506.61, §506.62

Proposed repeal of §506.61 and §506.62, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4093), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §§506.61 – 506.66, which concerned inspections and investigations for special care facilities.

CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER E. INSPECTIONS AND INVESTIGATIONS
26 TAC §§506.61 – 506.66

Proposed new §§506.61 – 506.66, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4093), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §506.71, §506.73, which offered amendments to enforcement requirements for special care facilities.

CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER F. ENFORCEMENT
26 TAC §506.71, §506.73

Proposed amended §506.71 and §506.73, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4093), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §510.1, §510.2, which proposed amendments to correct cross-references in definitions relating to private psychiatric hospitals and crisis stabilization units.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §510.1, §510.2

Proposed amended §510.1 and §510.2, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4099), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §§510.21 – 510.26, which proposed amendments to correct cross-references in rules relating to licensure for private psychiatric hospitals and crisis stabilization units.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER B. APPLICATION AND ISSUANCE OF A LICENSE
26 TAC §§510.21 – 510.26

Proposed amended §§510.21 – 510.26, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4099), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §§510.41, 510.43, 510.46, which sought to update operational requirements for private psychiatric hospitals and crisis stabilization units.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §§510.41, 510.43, 510.46

Proposed amended §§510.41, 510.43 and 510.46, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4099), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §510.61, §510.62, which offered amendments relating to voluntary agreements for private psychiatric hospitals and crisis stabilization units.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER D. VOLUNTARY AGREEMENTS
26 TAC §510.61, §510.62

Proposed amended §510.61 and §510.62, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4099), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing the repeal of 26 TAC §§510.81 – 510.83, which referred to enforcement mechanisms for private psychiatric hospitals and crisis stabilization units.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER E. ENFORCEMENT
26 TAC §§510.81 – 510.83

Proposed repeal of §§510.81 – 51.83, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4122), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Withdrawing 26 TAC §§510.81 – 510.87, which sought to update the inspections and complaint investigations procedures for private psychiatric hospitals and crisis stabilization units.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER E. ENFORCEMENT
26 TAC §§510.81 – 510.87

Proposed new §§510.81 – 510.87, published in the July 9, 2021, issue of the Texas Register (46 Tex Reg 4122), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

In Addition Re:

Public Notice – Texas State Plan for Medical Assistance Amendment effective March 1, 2022

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective March 1, 2022.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following services:

  • Chemical Dependency Treatment;
  • Durable Medical Equipment, Prosthetics, Orthotics and Supplies;
  • Early and Periodic Screening, Diagnosis and Treatment Services;
  • Outpatient Hospital Services; and
  • Physicians and Other Practitioners.

Interested parties may obtain additional information and/or a free copy of the proposed amendment by contacting Shaneqwea James, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 487-3349; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendment will be available for review at the local county offices of HHSC, (which were formerly the local offices of the Texas Department of Aging and Disability Services).