Texas Register October 11, 2024 Volume: 49 Number: 41


Texas Register Table of Contents

Governor

Appointments Re:

Appointed to the Statewide Health Coordinating Council for a term to expire August 31, 2029, Emily R. Hunt, D.N.P.
Appointed to the Statewide Health Coordinating Council for a term to expire August 31, 2029, Dakota Marks.
Designated as presiding officer of the Statewide Health Coordinating Council for a term to expire at the pleasure of the Governor, Yasser F. Zeid, M.D.

Texas Department of State Health Services

Adopted Rules Re:

Adopting 25 TAC §133.55, to require general and special hospitals to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.55

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §133.55, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The new section is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The new section requires general and special hospitals to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan. The new section specifies the required membership for a committee. The new section requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital.

The new section requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the hospital’s governing body. The new section requires each hospital to make a copy of the hospital’s workplace violence prevention plan available to each hospital health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The new section establishes minimum requirements for a hospital to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.


Adopting 25 TAC §135.31, to require ambulatory surgical centers to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan.

CHAPTER 135. AMBULATORY SURGICAL CENTERS
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §135.31

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §135.31, concerning Workplace Violence Prevention. New §135.31 is adopted with changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2933). This rule will be republished.

BACKGROUND AND JUSTIFICATION

The new section is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B) 240, 88th Legislature, Regular Session, 2023.

The new section requires ambulatory surgical centers (ASCs) to establish a workplace violence prevention committee or authorize an existing committee to develop the ASC’s workplace violence prevention plan. The new section specifies the required membership for a committee. The new section requires an ASC to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the ASC.

The new section requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the ASC’s governing body. The new section requires each ASC to make a copy of the ASC’s workplace violence prevention plan available to each ASC health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The new section establishes minimum requirements for an ASC to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.


Texas Health and Human Services Commission

Adopted Rules Re:

Adopting 26 TAC §509.70, to require freestanding emergency medical care facilities to establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan.

CHAPTER 509. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §509.70

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §509.70, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The new section is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The new section requires freestanding emergency medical care (FEMC) facilities to establish a workplace violence prevention committee or authorize an existing committee to develop the facility’s workplace violence prevention plan. The new section specifies the required membership for a committee. The new section requires a facility to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the facility.

The new section requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the facility’s governing body. The new section requires each facility to make a copy of the facility’s workplace violence prevention plan available to each health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The new section establishes minimum requirements for a facility to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.


Adopting 26 TAC §510.47, to require private psychiatric hospitals to establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan.

CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §510.47

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §510.47, concerning Workplace Violence Prevention.

BACKGROUND AND JUSTIFICATION

The new section is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.

The new section requires private psychiatric hospitals to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital’s workplace violence prevention plan. The new section specifies the required membership for a committee. The new section requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital.

The new section requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the hospital’s governing body. The new section requires each hospital to make a copy of the hospital’s workplace violence prevention plan available to each hospital health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.

The new section establishes minimum requirements for a hospital to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.


In Addition Re:

Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 12, 2024, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, and Healthcare Common Procedure Coding System (HCPCS) Updates.


Texas Department of Insurance

In Addition Re:

Company Licensing

Application for Harbor Health Insurance Company, a domestic health maintenance organization (HMO) DBA Harbor Health Plan.