Texas Register January 5, 2025 Volume: 50 Number: 1

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Texas Health and Human Services Commission

Withdrawn Rules Re:

Withdrawing 26 TAC §568.22, to authorize a private psychiatric hospital to voluntarily admit a prospective patient only if the hospital has available space when the prospective patient requests voluntary admission and makes minor changes to the formatting and grammar for increased clarity and consistency.

CHAPTER 568. STANDARDS OF CARE AND TREATMENT IN PSYCHIATRIC HOSPITALS
SUBCHAPTER C. EMERGENCY TREATMENTS
26 TAC §568.22

The Health and Human Services Commission withdraws proposed amendments to §568.22 which appeared in the July 19, 2024, issue of the Texas Register (49 TexReg 5309).

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Adopted Rules Re:

Adopting 26 TAC §568.42, to define terms and outline requirements for responding to a psychiatric emergency.

CHAPTER 568. STANDARDS OF CARE AND TREATMENT IN PSYCHIATRIC HOSPITALS
SUBCHAPTER C. EMERGENCY TREATMENTS
26 TAC §568.42

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §568.42, concerning Responding to a Psychiatric Emergency.

New §568.42 is adopted with changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5308). This rule will be republished. HHSC withdraws the proposed amendment to §568.22.

BACKGROUND AND JUSTIFICATION

The new section is necessary to increase consistency in emergency medication monitoring requirements between state rules and federal Centers for Medicare & Medicaid Services (CMS) Conditions of Participation for psychiatric hospitals.

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Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 135 to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 508.

OVERVIEW

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, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 135, Ambulatory Surgical Centers, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 508, Ambulatory Surgical Centers.

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Texas Department of State Health Services

Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 135 to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 508.

OVERVIEW

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, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 135, Ambulatory Surgical Centers, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 508, Ambulatory Surgical Centers.

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