20 Nov 2020

Texas Register November 20, 2020 Volume: 45 Number: 47

by | posted in: Texas Board of Nursing, Texas Board of Occupational Therapy Examiners, Texas Department of Licensing and Regulation, Texas Department of State Health Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

Texas Board of Nursing

 

Emergency Rule

Amending 22 TAC §217.24 to allow the prescription of controlled substances for the treatment of chronic pain using telemedicine

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.24OVERVIEWThe Texas Board of Nursing (Board) adopts emergency amendments to §217.24, relating to Telemedicine Medical Service Prescriptions, pursuant to a finding of imminent peril to the public health, safety, and welfare, which requires adoption in fewer than thirty (30) days’ notice, as authorized by Tex. Gov’t. Code §2001.034.BACKGROUND AND JUSTIFICATION The adoption of emergency amendments to §217.24(e)(1) is immediately necessary to allow APRNs to continue to provide necessary treatment to established patients with chronic pain while mitigating the risk of exposure to COVID-19. Under the emergency amendments, an APRN may treat chronic pain with scheduled drugs through use of telemedicine medical services if a patient is an established chronic pain patient of the APRN, is seeking a telephone refill of an existing prescription, and the APRN determines that the telemedicine treatment is needed due to the COVID-19 pandemic. Further, the medical records must document the exception and the reason that a telemedicine visit was conducted instead of an in-person visit. The APRN must exercise appropriate professional judgment in determining whether to utilize telemedicine medical services for the treatment of chronic pain with controlled substances. The emergency amendments will only apply to those APRNs whose delegating physicians agree to permit them to issue re-fills for these patients, and the services provided are limited to refills of controlled substances in Schedules III through V. Finally, these emergency amendments will only be in effect for a period of 60 days or the duration of the time period that the Governor’s disaster declaration of March 13, 2020, in response to the COVID-19 pandemic is in effect, whichever is shorter.

Texas Department of State Health Services

Emergency Rule

Renewing the emergency amendment of 25 TAC §295.65 to allow online completion of the required annual asbestos refresher course

CHAPTER 295. OCCUPATIONAL HEALTHSUBCHAPTER C. TEXAS ASBESTOS HEALTH PROTECTION25 TAC §295.65OVERVIEWThe Department of State Health Services is renewing the effectiveness of an emergency amendment to §295.65 for a 60-day period. The text of the emergency rule was originally published in the July 24, 2020, issue of the Texas Register (45 TexReg 5078). In response to COVID-19, the amended rule sets forth standards by which licensed training providers can provide live online asbestos refresher courses as an alternative to in-person courses.BACKGROUND AND JUSTIFICATIONTo protect asbestos licensees and the public health, safety, and welfare during the COVID-19 pandemic, HHSC, on behalf of DSHS, adopts an emergency rule amendment to §295.65, Training: Approval of Training Courses, that sets forth requirements for DSHS to approve live online refresher courses as an alternative to in-person refresher courses. Completion of an annual asbestos refresher course is required to renew an asbestos license and engage in asbestos detection and abatement, which is an essential service in Texas. The rule requires approval by DSHS of live online refresher training courses; requires that online refresher courses have systems in place to authenticate student identity, protect sensitive user information, provide an interactive component, monitor time spent online, provide technical support, provide a distinct certificate, and allow course audits by DSHS; requires submission of an application for approval; and requires additional recordkeeping.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. DSHS and HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Texas Asbestos Health Protection rule regarding live online refresher courses.As authorized by Texas Government Code §2001.034, HHSC 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.

Texas Department of State Health Services

Emergency Rule

Amending 25 TAC §448.911 to allow licensed Chemical Dependency Treatment Facilities to provide treatment using telemedicine

CHAPTER 448. STANDARD OF CARESUBCHAPTER I. TREATMENT PROGRAM SERVICES25 TAC §448.911OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 448, Standard of Care, an amendment to §448.911, concerning an emergency rule in response to COVID-19 to expand a licensed chemical dependency treatment facility’s ability to provide treatment services through electronic means to adults and adolescents to reduce the risk of COVID-19 transmission.HHSC is adopting this emergency rule amendment to §448.911(a)(1) to temporarily permit a currently licensed chemical dependency treatment facility (CDTF) to provide treatment services through electronic means to both adult and adolescent clients. This emergency rule amendment will reduce the risk of COVID-19 transmission and expand access to treatment for clients.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, HHSC 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. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule amendment to Treatment Services Provided by Electronic Means.

Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §117.20 and §117.24 to update certification and training requirements for massage therapy licensure

CHAPTER 117. MASSAGE THERAPYSUBCHAPTER C. LICENSED MASSAGE THERAPIST AND STUDENT PERMIT16 TAC §117.20, §117.24OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter C, §117.20 and §117.24, regarding the massage therapy program. The proposed rules amend §117.20 by requiring massage therapist applicants to ensure that a certified transcript or other record of all relevant coursework is submitted to the Department. This change allows for massage schools in Texas to send a record of coursework electronically to the Department, through the new PALMS system for reporting hours and enrolled students. The proposed change also allows applicants from out-of-state schools to send the Department a certified transcript.The proposed rules amend §117.24 by requiring massage therapists to complete an HHSC-approved human trafficking prevention training and provide proof of completion to renew their massage therapist license. This training must be completed before each license renewal.BACKGROUND AND JUSTIFICATIONThe rules under 16 TAC Chapter 117 implement Texas Occupations Code, Chapter 455.The proposed rules are necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 requires massage therapists and other health care practitioners to complete a human trafficking prevention training course in order to renew their license. The Executive Commissioner of the Health and Human Services Commission (HHSC) approves human trafficking prevention courses, including at least one course that is available without charge, and posts a list of approved courses on the HHSC website. The statutory provisions created by HB 2059 are located in Texas Occupations Code, Chapter 116. The proposed rules implement this training requirement and allow the training to count for up to three hours of continuing education during each license term. The proposed rules also clearly require that a new written consent be obtained before each session involving breast massage of a female client. Additionally, the proposed rules make clean-up and clarification changes designed to update the rules and make them easier to understand.The proposed rules were presented and discussed at the Massage Therapy Advisory Board at its meeting on October 29, 2020. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

Texas Department of Licensing and Regulation

Proposed Rules

New 16 TAC §117.35, establishing requirements for licensed massage therapists’ human trafficking prevention training

CHAPTER 117. MASSAGE THERAPYSUBCHAPTER D. CONTINUING EDUCATION16 TAC §117.35OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes a new rule at Subchapter D, §117.35 regarding the Massage Therapy Program. The proposed rules add new §117.35, which would allow an HHSC-approved human trafficking prevention training course to count for up to three hours of continuing education credit each license term. Providers of an HHSC-approved human trafficking prevention training course would not be required to obtain department approval as a continuing education provider and would not be required to comply with the requirements of §117.34.BACKGROUND AND JUSTIFICATIONThe rules under 16 TAC Chapter 117 implement Texas Occupations Code, Chapter 455.The proposed rules are necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 requires massage therapists and other health care practitioners to complete a human trafficking prevention training course in order to renew their license. The Executive Commissioner of the Health and Human Services Commission (HHSC) approves human trafficking prevention courses, including at least one course that is available without charge, and posts a list of approved courses on the HHSC website. The statutory provisions created by HB 2059 are located in Texas Occupations Code, Chapter 116. The proposed rules implement this training requirement and allow the training to count for up to three hours of continuing education during each license term. The proposed rules also clearly require that a new written consent be obtained before each session involving breast massage of a female client. Additionally, the proposed rules make clean-up and clarification changes designed to update the rules and make them easier to understand.The proposed rules were presented and discussed at the Massage Therapy Advisory Board at its meeting on October 29, 2020. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §117.64 to update transcript requirements for massage therapy licensure

CHAPTER 117. MASSAGE THERAPYSUBCHAPTER F. LICENSED MASSAGE SCHOOLS16 TAC §117.64OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter F, §117.64, regarding the massage therapy program. The proposed rules amend §117.64 to require massage schools to provide certified, rather than certified or original, copies of student transcripts on request, for a reasonable charge, if the student has fulfilled the financial obligation to the school.BACKGROUND AND JUSTIFICATIONThe rules under 16 TAC Chapter 117 implement Texas Occupations Code, Chapter 455.The proposed rules are necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 requires massage therapists and other health care practitioners to complete a human trafficking prevention training course in order to renew their license. The Executive Commissioner of the Health and Human Services Commission (HHSC) approves human trafficking prevention courses, including at least one course that is available without charge, and posts a list of approved courses on the HHSC website. The statutory provisions created by HB 2059 are located in Texas Occupations Code, Chapter 116. The proposed rules implement this training requirement and allow the training to count for up to three hours of continuing education during each license term. The proposed rules also clearly require that a new written consent be obtained before each session involving breast massage of a female client. Additionally, the proposed rules make clean-up and clarification changes designed to update the rules and make them easier to understand.The proposed rules were presented and discussed at the Massage Therapy Advisory Board at its meeting on October 29, 2020. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §117.82 to update consent requirements for certain massage therapy procedures involving female clients

CHAPTER 117. MASSAGE THERAPYSUBCHAPTER G. LICENSED MASSAGE ESTABLISHMENTS16 TAC §117.82OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter G, §117.82, regarding the massage therapy program. The proposed rules amend §117.82 to refer to the new written consent that must be obtained before each massage therapy session involving breast massage of a female client.BACKGROUND AND JUSTIFICATIONThe rules under 16 TAC Chapter 117 implement Texas Occupations Code, Chapter 455.The proposed rules are necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 requires massage therapists and other health care practitioners to complete a human trafficking prevention training course in order to renew their license. The Executive Commissioner of the Health and Human Services Commission (HHSC) approves human trafficking prevention courses, including at least one course that is available without charge, and posts a list of approved courses on the HHSC website. The statutory provisions created by HB 2059 are located in Texas Occupations Code, Chapter 116. The proposed rules implement this training requirement and allow the training to count for up to three hours of continuing education during each license term. The proposed rules also clearly require that a new written consent be obtained before each session involving breast massage of a female client. Additionally, the proposed rules make clean-up and clarification changes designed to update the rules and make them easier to understand.The proposed rules were presented and discussed at the Massage Therapy Advisory Board at its meeting on October 29, 2020. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §§117.90 – 117.92 to update consent requirements within the massage therapy code of ethics

CHAPTER 117. MASSAGE THERAPYSUBCHAPTER H. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS16 TAC §§117.90 – 117.92OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter H, §117.90 – §117.92, regarding the massage therapy program. The proposed rules amend §§117.90, and 117.92 to refer to the new written consent that must be obtained before each massage therapy session involving breast massage of a female client.The proposed rules amend §117.91 to clearly require a new written consent be obtained before each session involving breast massage of a female client. The proposed rules also re-title §117.91 to refer to written consent.BACKGROUND AND JUSTIFICATIONThe rules under 16 TAC Chapter 117 implement Texas Occupations Code, Chapter 455.The proposed rules are necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 requires massage therapists and other health care practitioners to complete a human trafficking prevention training course in order to renew their license. The Executive Commissioner of the Health and Human Services Commission (HHSC) approves human trafficking prevention courses, including at least one course that is available without charge, and posts a list of approved courses on the HHSC website. The statutory provisions created by HB 2059 are located in Texas Occupations Code, Chapter 116. The proposed rules implement this training requirement and allow the training to count for up to three hours of continuing education during each license term. The proposed rules also clearly require that a new written consent be obtained before each session involving breast massage of a female client. Additionally, the proposed rules make clean-up and clarification changes designed to update the rules and make them easier to understand.The proposed rules were presented and discussed at the Massage Therapy Advisory Board at its meeting on October 29, 2020. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

Texas Department of State Health Services

Proposed Rules

Repealing 25 TAC §133.48 to delete an unnecessary rule resulting from the expiration of the Patient Safety Program for hospitals

CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.48OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §133.48, concerning Patient Safety Program.The proposed repeal of §133.48 deletes an unnecessary rule resulting from the expiration of the Patient Safety Program and medical error reporting requirements.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to remove outdated references to the Patient Safety Program. House Bill (H.B.) 1614, 78th Legislature, Regular Session, 2003, amended Texas Health and Safety Code, Chapter 241, by adding Subchapter H, Patient Safety Program, requiring hospitals to report certain medical errors to HHSC. This subchapter expired under its own terms on September 1, 2007; therefore, the reporting requirements associated with H.B. 1614 are defunct. The proposed repeal is necessary to remain consistent with Texas Health and Safety Code, Chapter 241.

Texas Department of State Health Services

Proposed Rules

Amending 25 TAC §135.26 to transfer responsibility for the intake of Ambulatory Surgical Center incident reports from DSHS to HHSC

CHAPTER 135. AMBULATORY SURGICAL CENTERSSUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS25 TAC §135.26OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §135.26, concerning Reporting Requirements. The proposed amendment to §135.26 removes outdated references to the Department of State Health Services and add HHSC Complaint and Incident Intake as the appropriate place to send incident reports.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to remove outdated references to the Patient Safety Program and update reporting requirements for Ambulatory Surgical Centers (ASCs). House Bill (H.B.) 1614, 78th Legislature, Regular Session, 2003, amended Texas Health and Safety Code, Chapter 243, by adding Subchapter B, Patient Safety Program requiring ASCs to report certain medical errors to HHSC. This subchapter expired under its own terms on September 1, 2007; therefore, the reporting requirements associated with H.B. 1614 are no longer current. The proposed amendment and repeal is necessary to remain consistent with Texas Health and Safety Code, Chapter 243.

Texas Department of State Health Services

Proposed Rules

Repealing 25 TAC §135.27 to delete an unnecessary rule resulting from the expiration of the Patient Safety Program for Ambulatory Surgical Centers

CHAPTER 135. AMBULATORY SURGICAL CENTERSSUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS25 TAC §135.27OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §135.27, concerning Patient Safety Program.The proposed repeal of §135.27 deletes an unnecessary rule, resulting from the expiration of the Patient Safety Program and related medical error reporting requirements.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to remove outdated references to the Patient Safety Program and update reporting requirements for Ambulatory Surgical Centers (ASCs). House Bill (H.B.) 1614, 78th Legislature, Regular Session, 2003, amended Texas Health and Safety Code, Chapter 243, by adding Subchapter B, Patient Safety Program requiring ASCs to report certain medical errors to HHSC. This subchapter expired under its own terms on September 1, 2007; therefore, the reporting requirements associated with H.B. 1614 are no longer current. The proposed amendment and repeal is necessary to remain consistent with Texas Health and Safety Code, Chapter 243.

Texas Health and Human Services Commission

Proposed Rules

Repealing 26 TAC §510.47 to delete an unnecessary rule resulting from the expiration of the Patient Safety Program for private psychiatric hospitals and crisis stabilization units

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITSSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §510.47OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes to the repeal of §510.47, concerning Patient Safety Program.The proposed repeal of §510.47 deletes an unnecessary rule, resulting from the expiration of the Patient Safety Program and related medical error reporting requirements.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to remove outdated references to the Patient Safety Program. House Bill (H.B.) 1614, 78th Legislature, Regular Session, 2003, amended Texas Health and Safety Code, Chapter 577, by adding Subchapter B, Patient Safety Program requiring private psychiatric hospitals and crisis stabilization units (PPHCSUs) to report certain medical errors to HHSC. This subchapter expired under its own terms on September 1, 2007; therefore, the reporting requirements associated with H.B. 1614 are defunct. The proposed repeal is necessary to remain consistent with Texas Health and Safety Code, Chapter 577.

Texas Department of State Health Services

Withdrawn Rule

Withdrawing the proposed repeal of 25 TAC §§404.151 – 404.169, which would have transferred authority to protect the rights of mental health patients from DSHS to HHSC

CHAPTER 404. PROTECTION OF CLIENTS AND STAFF–MENTAL HEALTH SERVICESSUBCHAPTER E. RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES25 TAC §§404.151 – 404.169The Department of State Health Services withdraws the proposed repeal of §§404.151 – 404.169, which appeared in the November 6, 2020, issue of the Texas Register (45 TexReg 7962).The withdrawn rules proposed to repeal 25 TAC, Chapter 404 (Protection of Clients and Staff – Mental Health Services), Subchapter E (Rights of Persons Receiving Mental Health Services) in its entirety. 

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing proposed new 26 TAC §§320.1 – 320.15, which would have transferred authority to protect the rights of mental health patients from DSHS to HHSC

CHAPTER 320. RIGHTS OF INDIVIDUALSSUBCHAPTER A. RIGHTS OF INDIVIDUALS RECEIVING MENTAL HEALTH SERVICES26 TAC §§320.1 – 320.15The Health and Human Services Commission withdraws the proposed new §§320.1 – 320.15, which appeared in the November 6, 2020, issue of the Texas Register (45 TexReg 7963).The withdrawn rules proposed new Chapter 320, Rights of Individuals, Subchapter A, Rights of Individuals Receiving Mental Health Services. 

Texas Board of Occupational Therapy Examiners

Adopted Rules

Amending 40 TAC §374.1 to update the schedule of sanctions for licensed occupational therapy examiners

CHAPTER 374. DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS40 TAC §374.1OVERVIEWThe Texas Board of Occupational Therapy Examiners adopts amendments to the Schedule of Sanctions Figure in 40 Texas Administrative Code §374.1, concerning Disciplinary Actions. The amendments are adopted to replace “investigative costs” with “administrative penalties” in the Schedule of Sanctions, and to update other language to make the schedule consistent with other provisions in the chapter. The amendments are adopted without changes to the proposed text as published in the August 21, 2020, issue of the Texas Register (45 TexReg 5863). The rule will not be republished.SUMMARY OF CHANGES Changes to the Schedule of Sanctions include replacing investigative costs with administrative penalties. The Occupational Therapy Practice Act, Texas Occupations Code §454.3521, authorizes the Board to impose an administrative penalty for a violation of the chapter or a rule adopted under the chapter. The amendments to the Schedule of Sanctions Figure in §374.1 will impose administrative penalties, not to exceed $200 for each day a violation continues or occurs, to the “Minimum Discipline,” “Intermediate Discipline,” and “Maximum Discipline” levels per §454.3521. The graduated penalty amounts are assessed based on the severity and type of violation per §454.3025(a).Additional changes to the Schedule of Sanctions include updating citations to the “OT Act/Rule” column. The changes also include removing from the “Failed to Properly Renew a License” violation the reference to §367.1(b) and replacing such with a reference to the full §367.1, concerning continuing education, as further provisions in the section concern the violation. Such a change, concomitantly, will ensure that the schedule’s reference to the section remains intact in the event that changes to the lettering of the section’s provisions are made.An additional cleanup removes the phrase “until conditions are met or indefinitely” from the “Maximum Discipline” column, with regard to the revocation or surrender of a license. The change is made to reflect that the administrative penalty assessed in an order is fixed, not indefinitely cumulative.A further change to the section concerns removing from the “Minimum Discipline” and “Intermediate Discipline” columns the extraneous term “provisional” when it precedes “restricted practice.” The removal is a cleanup to increase consistency in the schedule, as in other areas of the schedule, just the phrase “restricted practice” is employed for an equivalent sanction. A further change to the section involves a cleanup to correct “licensee” to “license.”

Texas Health and Human Services Commission

In Addition

Public Notice – Methodology for Determining Caseload Reduction Credit for the TANF Program for Federal Fiscal Year 2021

OVERVIEWThe Texas Health and Human Services Commission (HHSC) announces its intent to seek comments from the public on its estimate and methodology for determining the Temporary Assistance for Needy Families (TANF) Program caseload reduction credit for Federal Fiscal Year (FFY) 2021. HHSC will base the methodology on caseload reduction occurring from FFY 2005 to FFY 2020. This methodology and the resulting estimated caseload reduction credit will be submitted for approval to the United States Department of Health and Human Services, Administration for Children and Families.HHSC will post the methodology and the estimated caseload reduction credit on the HHSC website for FFY 2021 at https://hhs.texas.gov/about-hhs/records-statistics/data-statistics/temporary-assistance-needy-families-tanf-statistics by November 20, 2020. The public comment period begins November 20, 2020, and ends December 4, 2020.BACKGROUND AND JUSTIFICATION Section 407(b)(3) of the Social Security Act provides for a TANF caseload reduction credit, which gives a state credit for reducing its TANF caseload between a base year and a comparison year. To receive the credit, a state must complete and submit a report that, among other things, describes the methodology and the supporting data that the state used to calculate its caseload reduction estimates. See 45 C.F.R. §261.41(b)(5). Prior to submitting the report, the state must provide the public with an opportunity to comment on the estimate and methodology. See 45 C.F.R. §261.41(b)(6).As the state agency that administers the TANF program in Texas, HHSC believes it is eligible for a caseload reduction credit and has developed the requisite estimate and methodology. HHSC hereby notifies the public of the opportunity to submit comments.PUBLIC COMMENT Written comments may be sent by U.S. mail, fax, or email. Addresses are listed in this week’s edition of the Texas Register (45 Tex Reg 8381). 

Texas Department of State Health Services

In Addition

DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the first half of October 2020

OVERVIEWDuring the first half of October 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in this week’s edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.

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