Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 1.0.1 Adopted Rules Re:
- 1.0.1.1 Adopting 26 TAC §§357.101, 357.103, 357.105, 357.107, to update references to the United States Code and the Code of Federal Regulations; clarify minimum standards; and make non-substantive grammatical changes to improve wording and language.
- 1.0.1.2 Adopting 26 TAC §357.201, to make non-substantive wording changes.
- 1.0.1.3 Adopting 26 TAC §§357.305, 357.307, 357.309, 357.311, to update outdated citations, correct old language, and remove personal assistance and supported living from independent living services.
- 1.0.1.4 Adopting 26 TAC §§357.401, 357.403, 357.405, to update references to DARS, improve wording to be more person-centered, prohibit the collection of consumer participation for support services, and make other non-substantive wording changes.
- 1.0.1.5 Adopting 26 TAC §357.501, §357.503, to change the title to “Personal Rights,” incorporate person-centered language, update language prohibiting discrimination by HHSC, and update references to DARS.
- 1.0.1.6 Adopting 26 TAC §357.601, to change the title to “Technical Assistance Provided by HHSC” and update references to DARS.
- 1.0.1.7 Adopting 26 TAC §357.701, to change the title to “Referrals Received by HHSC,” add person-centered language, update references to DARS, and update accessibility to the contact information of the Independent Living Services provider.
- 1.0.2 Proposed Rule Reviews Re:
- 1.0.3 Adopted Rule Reviews Re:
- 1.0.1 Adopted Rules Re:
- 2 Anatomical Board of the State of Texas
Texas Health and Human Services Commission
Adopted Rules Re:
Adopting 26 TAC §§357.101, 357.103, 357.105, 357.107, to update references to the United States Code and the Code of Federal Regulations; clarify minimum standards; and make non-substantive grammatical changes to improve wording and language.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER A. GENERAL RULES
26 TAC §§357.101, 357.103, 357.105, 357.107
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Adopting 26 TAC §357.201, to make non-substantive wording changes.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER B. ALLOCATION OF FUNDS
26 TAC §357.201
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Adopting 26 TAC §§357.305, 357.307, 357.309, 357.311, to update outdated citations, correct old language, and remove personal assistance and supported living from independent living services.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER C. INDEPENDENT LIVING SERVICES
26 TAC §§357.305, 357.307, 357.309, 357.311
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Adopting 26 TAC §§357.401, 357.403, 357.405, to update references to DARS, improve wording to be more person-centered, prohibit the collection of consumer participation for support services, and make other non-substantive wording changes.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER D. CONSUMER PARTICIPATION
26 TAC §§357.401, 357.403, 357.405
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Adopting 26 TAC §357.501, §357.503, to change the title to “Personal Rights,” incorporate person-centered language, update language prohibiting discrimination by HHSC, and update references to DARS.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER E. PERSONAL RIGHTS
26 TAC §357.501, §357.503
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Adopting 26 TAC §357.601, to change the title to “Technical Assistance Provided by HHSC” and update references to DARS.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER F. TECHNICAL ASSISTANCE AND TRAINING
26 TAC §357.601
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Adopting 26 TAC §357.701, to change the title to “Referrals Received by HHSC,” add person-centered language, update references to DARS, and update accessibility to the contact information of the Independent Living Services provider.
CHAPTER 357. INDEPENDENT LIVING SERVICES PROGRAM
SUBCHAPTER G. REFERRALS
26 TAC §357.701
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §357.101, concerning Purpose; §357.103, concerning Legal Authority; §357.105, concerning Definitions; §357.201, concerning Allocation of Funds; §357.305, concerning Eligibility; §357.307, concerning Independent Living Plan; §357.309, concerning Waiting List; §357.311, concerning Scope of Services; §357.401, concerning Consumer Participation System; §357.403, concerning Fee Schedule Amount; §357.405, concerning Insurance Payments; §357.501, concerning Personal Rights; §357.503, concerning Complaint Process; §357.601, concerning Technical Assistance Provided by HHSC; and §357.701, concerning Referrals Received by HHSC Employees; and new §357.107, concerning Service Provider Standards and Contract Requirements.
Sections 357.105 and 357.305 are adopted with changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will be republished.
Sections 357.101, 357.103, 357.107, 357.201, 357.307, 357.309, 357.311, 357.401, 357.403, 357.405, 357.501, 357.503, 357.601, and 357.701 are adopted without changes to the proposed text as published in the February 7, 2025, issue of the Texas Register (50 TexReg 742). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, required the dissolution of the Department of Assistive and Rehabilitative Services (DARS). Independent Living Services (ILS) transferred to HHSC from the legacy DARS as part of the Health and Human Services Transformation. The ILS Program was subsequently outsourced to the Centers for Independent Living (CIL) on September 1, 2016, as required by House Bill (H.B.) 2463, 84th Legislature, Regular Session, 2015. HHSC continues to oversee the ILS Program, except for Independent Living Services for Older Individuals who are Blind, which transferred to the Texas Workforce Commission as required by S.B. 208, 84th Legislature, Regular Session, 2015.
The amendments update references from DARS to HHSC, outdated terms such as “individual” or “consumer,” and references to “person” or “people” to align with the agency’s person-centered language policy. The new rule requires service providers to adhere to the service provider standards and clarifies that they are responsible for the quality of any services subcontracted to a vendor. An amendment changes the eligibility criteria to require a person to reside in Texas, instead of merely being present in Texas.
Proposed Rule Reviews Re:
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services.
Chapter 368, Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services
Adopted Rule Reviews Re:
Adopting Title 1, Part 3, concerning long-term care provider rules during a public health emergency or disaster.
The Office of the Attorney General of Texas (OAG) adopts the review of Chapter 63, concerning Public Information, in accordance with Texas Government Code §2001.039.
Anatomical Board of the State of Texas
Transferred Rules Re:
Transferring the Anatomical Board’s substantive rules in 25 Texas Administrative Code Chapters 477, 479, and 481 to TFSC under Texas Administrative Code, Title 22, Part 10, Chapter 206.
OVERVIEW
During the 88th Legislative Session, the Texas Legislature passed Senate Bill 2040, which abolished the Anatomical Board of the State of Texas and transferred that agency’s regulatory functions under Texas Health & Safety Code Chapter 691 to the Texas Funeral Service Commission (TFSC). Accordingly, the Anatomical Board’s substantive rules in 25 Texas Administrative Code Chapters 477 (Distribution of Bodies), 479 (Facilities: Standards and Inspections), and 481 (Willed Body Program) are transferred to TFSC under Texas Administrative Code, Title 22, Part 10, Chapter 206 (Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs).