Texas Register Table of Contents
- 1 Texas Department of State Health Services
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 25 TAC §448.801, §448.803, to require a provider who is screening or assessing an individual through electronic means to do so using synchronous audio-visual technology unless there is a declared state of disaster, at which time the provider may use audio-only technology.
- 1.0.1.2 Amending 25 TAC §448.911, to clarify requirements for outpatient CDTF programs providing services through electronic means.
- 1.0.2 Adopted Rule Reviews Re:
- 1.0.3 In Addition Re:
- 1.0.1 Proposed Rules Re:
- 2 Texas Behavioral Health Executive Council
- 3 Texas Department of Insurance, Division of Workers’ Compensation
- 4 Texas Health and Human Services Commission
Texas Department of State Health Services
Proposed Rules Re:
Amending 25 TAC §448.801, §448.803, to require a provider who is screening or assessing an individual through electronic means to do so using synchronous audio-visual technology unless there is a declared state of disaster, at which time the provider may use audio-only technology.
CHAPTER 448. STANDARD OF CARE
SUBCHAPTER H. SCREENING AND ASSESSMENT
25 TAC §448.801, §448.803
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §448.801, concerning Screening; §448.803, concerning Assessment; and §448.911, concerning Treatment Services Provided by Electronic Means.
BACKGROUND AND JUSTIFICATION
This proposal is necessary to comply with and implement House Bill (H.B.) 4, 87th Legislature, Regular Session, 2021. H.B. 4, Section 2, amended Texas Government Code Chapter 531 to require HHSC to determine which services are cost-effective and clinically effective and adopt rules to develop and implement a system to allow providers to provide certain behavioral health services using audio-only means to an individual receiving those services. The proposed amendments allow a chemical dependency treatment facility (CDTF) to deliver certain audio-only substance use disorder treatment services that HHSC determined are clinically effective and safe.
The proposal also updates the requirements for providing services through electronic means to increase clarity and readability.
SECTION-BY-SECTION SUMMARY
- The proposed amendment to §448.801 requires a provider screening an individual through electronic means to screen the individual using synchronous audio-visual technology, except under certain circumstances when a provider may screen an individual using audio-only technology during a declared state of disaster.
- The proposed amendment to §448.803 requires a provider assessing a client through electronic means to assess the client using synchronous audio-visual technology, except under certain circumstances when a provider may assess a client using audio-only technology during a declared state of disaster.
Amending 25 TAC §448.911, to clarify requirements for outpatient CDTF programs providing services through electronic means.
CHAPTER 448. STANDARD OF CARE
SUBCHAPTER I. TREATMENT PROGRAM SERVICES
25 TAC §448.911
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §448.801, concerning Screening; §448.803, concerning Assessment; and §448.911, concerning Treatment Services Provided by Electronic Means.
BACKGROUND AND JUSTIFICATION
This proposal is necessary to comply with and implement House Bill (H.B.) 4, 87th Legislature, Regular Session, 2021. H.B. 4, Section 2, amended Texas Government Code Chapter 531 to require HHSC to determine which services are cost-effective and clinically effective and adopt rules to develop and implement a system to allow providers to provide certain behavioral health services using audio-only means to an individual receiving those services. The proposed amendments allow a chemical dependency treatment facility (CDTF) to deliver certain audio-only substance use disorder treatment services that HHSC determined are clinically effective and safe.
The proposal also updates the requirements for providing services through electronic means to increase clarity and readability.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §448.911 defines several terms, allows a licensed outpatient CDTF program to provide individual and group counseling services using synchronous audio-only technology, and updates and clarifies other requirements for providing services through electronic means, including requiring a CDTF providing services through electronic means to be equipped to provide in-person services at the program’s physical location at a client’s request.
Adopted Rule Reviews Re:
The Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code:
Chapter 289, Radiation Control
Subchapter C, Texas Regulations for Control of Radiation
Subchapter D, General
Subchapter E, Registration Regulations
Subchapter F, License Regulations
Subchapter G, Registration Regulations
Notice of the review of this chapter was published in the September 8, 2023, issue of the Texas Register (48 TexReg 5073). HHSC received no comments concerning this chapter.
In Addition Re:
Correction of Error
The Department of State Health Services (department) published the annual Schedules of Controlled Substances in the February 17, 2023, issue of the Texas Register (48 TexReg 990). Due to a formatting error by the department, the omission of 4 anabolic steroids from the Schedule III anabolic steroids and hormones section occurred. The Schedules are being republished to correct the error.
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 6635.
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 6642.
Texas Behavioral Health Executive Council
Adopted Rules Re:
Amending 22 TAC §882.32, to make all home addresses and telephone numbers of licensees confidential and not subject to disclosure per the requirement under S.B. 510.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER C. DUTIES AND RESPONSIBILITIES
22 TAC §882.32
OVERVIEW
The Texas Behavioral Health Executive Council adopts amendments to §882.32, relating to Duty to Update Name and Address. Section 882.32 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5454) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are required due to the statutory changes made by S.B. 510, 88th Leg., R.S. (2023). Beginning September 1, 2023, Section 507.161 of the Occupations Code will make all home addresses and telephone numbers of licensees confidential and not subject to disclosure under Chapter 552 of the Government Code. Additionally, Section 552.11765 of the Government Code will make a license application, the home address, home telephone number, electronic mail address, social security number, date of birth, driver’s license number, state identification number, passport number, emergency contact information, or payment information of an applicant, licensee, or previous licensee confidential and not subject to disclosure under Chapter 552 of the Government Code. Therefore, corresponding amendments have been made to this rule in accordance with these statutory changes.
Texas Department of Insurance, Division of Workers’ Compensation
Adopted Rule Reviews Re:
Adopting the review of Title 28, Part 2, to readopt all sections in 28 Texas Administrative Code.
The Texas Department of Insurance, Division of Workers’ Compensation (DWC) completed its review of 28 Texas Administrative Code Chapters 102, 104, 109, 110, 112, 114, and 116. DWC conducted the review under Texas Government Code §2001.039.
Notice of the review was published in the August 25, 2023, issue of the Texas Register (48 TexReg 4675). There were no requests for a public hearing.
DWC received no comments by the October 3, 2023, deadline. No comments suggested repealing a rule in its entirety.
As a result of the review, and in accordance with Texas Government Code §2001.039, DWC finds that the reasons for initially adopting the rules continue to exist and readopts all sections in 28 Texas Administrative Code:
-Chapter 102 (Practices and Procedures–General Provisions);
-Chapter 104 (General Provisions–Rule-Making);
-Chapter 109 (Workers’ Compensation Coverage for State Employees);
-Chapter 110 (Required Notices of Coverage);
-Chapter 112 (Scope of Liability for Compensation);
-Chapter 114 (Self-Insurance); and
-Chapter 116 (General Provisions–Subsequent Injury Fund).
DWC may consider any suggested repeals or amendments identified during this rule review in future rulemaking under Texas Government Code Chapter 2001 (Administrative Procedure).
Texas Health and Human Services Commission
In Addition Re:
Correction of Error
The Texas Health and Human Services Commission (HHSC) adopted new 26 TAC §§284.101, 284.103, 284.105, 284.107, 284.109 and 284.111, concerning Competitive and Integrated Employment Initiative for Certain Medicaid Recipients, in the October 27, 2023, issue of the Texas Register (48 TexReg 6357). Due to an error by HHSC, the incorrect effective date was published for the adoption. The correct effective date for the adoption is November 14, 2023.