30 Oct 2020

Texas Register October 30, 2020 Volume: 45 Number: 44

by | posted in: Governor, Texas Animal Health Commission, Texas Department of State Health Services, Texas Department on Aging and Disability Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints ten new members to the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities

Appointments for October 14, 2020Appointed to the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities, for terms to expire February 1, 2021:Stephanie Duke of Houston, Texas (Ms. Duke is appointed pursuant to SB 982, 86th Legislature, Regular Session); Barbara “Kay” Kizer of Lufkin, Texas (Ms. Kizer is appointed pursuant to SB 982, 86th Legislature, Regular Session);John D. Spann of Midlothian, Texas (Mr. Spann is appointed pursuant to SB 982, 86th Legislature, Regular Session).Appointed to the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities, for terms to expire February 1, 2023: Becky L. Ames of Beaumont, Texas (Ms. Ames is appointed pursuant to SB 982, 86th Legislature, Regular Session);Neva M. Fairchild of Flower Mound, Texas (Ms. Fairchild is appointed pursuant to SB 982, 86th Legislature, Regular Session);Carlos L. Garcia of Brownsville, Texas (Chief Garcia is appointed pursuant to SB 982, 86th Legislature, Regular Session);Patrick D. Sturdivant of San Antonio, Texas (Mr. Sturdivant is appointed pursuant to SB 982, 86th Legislature, Regular Session).Appointed to the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities, for terms to expire February 1, 2025:Kristina M. Henning of Orange, Texas (Ms. Henning is appointed pursuant to SB 982, 86th Legislature, Regular Session);Timothy W. “Tim” McIntosh of Port Aransas, Texas (Mr. McIntosh is appointed pursuant to SB 982, 86th Legislature, Regular Session);Marco A. Treviño of Edinburg, Texas (Mr. Treviño is appointed pursuant to SB 982, 86th Legislature, Regular Session).

Governor

Appointments

Governor appoints Carlos L. Garcia as presiding officer of the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities

Appointments for October 14, 2020Chief Carlos L. Garcia of Brownsville, Texas is designated as presiding officer of the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities. 

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.3, temporarily allowing a licensed hospital to designate a specific part of its hospital for use as an off-site facility by another hospital

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER A. HOSPITALS26 TAC §500.3OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 500, COVID-19 Emergency Health Care Facility Licensing, new §500.3, concerning an emergency rule in response to COVID-19 in order to designate licensed hospital space to allow hospitals to treat and house patients more effectively. HHSC is adopting this emergency rule to temporarily permit a currently licensed hospital to designate a specific part of its hospital for use as an off-site facility by another hospital, and to allow another currently licensed hospital to apply to use the first hospital’s designated hospital space as an off-site facility for inpatient care.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission 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 for Designation of Licensed Hospital Space During the COVID-19 Pandemic.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.41, temporarily allowing Chemical Dependency Treatment Facilities to provide telemedicine and telehealth services

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.41 OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.41, concerning an emergency rule on telemedicine and telehealth in order to reduce the risk of transmission of COVID-19.HHSC is adopting this emergency rule to temporarily adjust CDTF operational requirements to permit a licensed CDTF to provide telehealth and telemedicine treatment services to clients in order to reduce the risk of transmission of COVID-19. 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 these emergency rules.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.43, temporarily allowing Chemical Dependency Treatment Facilities to provide services through two-way, real-time internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.43 OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.43, concerning an emergency rule on service delivery via two-way, real-time internet or telephone communications in order to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency rule to temporarily adjust CDTF operational requirements to permit a licensed CDTF to provide treatment services through two-way, real-time internet or telephone communications to clients in order to reduce the risk of transmission of COVID-19. 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 these emergency rules.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.44, temporarily extending documentation deadlines for Chemical Dependency Treatment Facilities

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.44 OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.44, concerning an emergency rule on treatment planning and service provision documentation deadlines in order to provide CDTFs additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs in response to the COVID-19 pandemic. HHSC is adopting this emergency rule to temporarily adjust CDTF operational requirements to extend treatment planning and service provision documentation deadlines to provide CDTFs additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs. These emergency rules will address staff shortages, reduce the risk of transmission of COVID-19, and reduce barriers to treatment for patients seeking treatment for substance use disorders and chemical dependency.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 these emergency rules.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.51, temporarily allowing supervisors of Licensed Chemical Dependency Counselor interns to provide supervision through two-way, real-time internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER E. LICENSED CHEMICAL DEPENDENCY COUNSELORS26 TAC §500.51OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.51, concerning an emergency rule for supervision of licensed chemical dependency counselor (LCDC) interns in response to COVID-19 in order to permit supervisors of interns to provide required supervision through the use of two-way, real-time internet or telephone communications to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency rule to temporarily permit: (1) counselor interns with more than 1,000 hours of supervised work experience to provide services in person or through two-way, real-time internet or telephone communications; (2) supervisors of LCDC interns with less than 2,000 hours of supervised work experience to provide supervision in person or through two-way, real-time internet or telephone communications; and (3) a certified clinical supervisor, or the clinical training institution coordinator or intern’s supervising qualified credentialed counselor at a clinical training institution, to provide supervision to a counselor intern using two-way, real-time internet or telephone communications to observe and document the intern performing assigned activities and to provide and document one hour of face-to-face individual or group supervision. This emergency rule will address staff shortages, reduce the risk of transmission of COVID-19, and reduce barriers to treatment for patients seeking treatment for substance use disorders and chemical dependency.BACKGROUND AND JUSTIFICATION 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.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 for Supervision of LCDC Interns During the COVID-19 Pandemic.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §551.47, establishing limitations for indoor and outdoor visitation at Intermediate Care Facilities

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, Subchapter C, Standards for Licensure, new §551.47, concerning an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility. HHSC is adopting this emergency rule to require limited indoor and outdoor visitation in an intermediate care facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission 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. This emergency rulemaking reflects the continued reopening of the State of Texas. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Intermediate Care Facility COVID-19 Response–Expansion of Reopening Visitation.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §553.2003, establishing limitations for indoor and outdoor visitation at Assisted Living Facilities

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 553, Licensing Standards for Assisted Living Facilities, Subchapter K, COVID-19 Emergency Rule, new §553.2003, an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility. HHSC is adopting this emergency rule to require limited indoor and outdoor visitation in an assisted living facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under 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 for Assisted Living Facility COVID-19 Response – Expansion of Reopening Visitation.

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing emergency rule 26 TAC §500.43, which temporarily permitted Chemical Dependency Treatment Facilities to provide treatment services through internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.43The Health and Human Services Commission withdraws the emergency adoption of new §500.43, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2949).Following the expiration of previous emergency rule §500.43, which temporarily permitted Chemical Dependency Treatment Facilities to provide treatment services through internet or telephone communications, the rule has been republished as a new emergency rule. Details of new emergency rule §500.43 are included in this week’s edition of the Texas Register. 

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing emergency rule 26 TAC §500.44, which temporarily extended certain documentation deadlines for Chemical Dependent Treatment Facilities

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.44The Health and Human Services Commission withdraws the emergency adoption of new §500.44, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2949).Following the expiration of previous emergency rule §500.44, which temporarily extended certain documentation deadlines for Chemical Dependent Treatment Facilities, the rule has been republished as a new emergency rule. Details of new emergency rule §500.44 are included in this week’s edition of the Texas Register. 

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing emergency rules 26 TAC §500.51, which temporarily permitted the supervision of licensed Chemical Dependency Counselor interns through internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER E. LICENSED CHEMICAL DEPENDENCY COUNSELORS26 TAC §500.51The Health and Human Services Commission withdraws the proposed emergency new §500.51, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2950).Following the expiration of previous emergency rule §500.51, which temporarily permitted the supervision of licensed Chemical Dependency Counselor interns through internet or telephone communications, the rule has been republished as a new emergency rule. Details of new emergency rule §500.51 are included in this week’s edition of the Texas Register. 

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing emergency rule 26 TAC §551.47, which allowed limited indoor and outdoor visitation at limited care facilities during the COVID-19 crisis

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47The Health and Human Services Commission withdraws the emergency adoption of new §551.47, which appeared in the October 2, 2020, issue of the Texas Register (45 TexReg 6835).A new emergency rule, updating limitations on indoor and outdoor visitation at intermediate care facilities, is published in this week’s edition of the Texas Register. 

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing emergency rule 26 TAC §553.2003, which allowed limited indoor and outdoor visitation at assisted living facilities during the COVID-19 crisis

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003The Health and Human Services Commission withdraws the emergency adoption of new §553.2003, which appeared in the October 2, 2020, issue of the Texas Register (45 TexReg 6840).A new emergency rule, updating limitations on indoor and outdoor visitation at assisted living facilities, is published in this week’s edition of the Texas Register. 

Texas Animal Health Commission

Adopted Rules

Amending 4 TAC §40.6 to update Chronic Wasting Disease surveillance and containment zones

CHAPTER 40. CHRONIC WASTING DISEASE4 TAC §40.6OVERVIEWThe Texas Animal Health Commission in a duly noticed meeting on September 22, 2020, adopted amendments to §40.6, concerning CWD Movement Restriction Zones. The amendments are adopted with changes to the proposed attached graphic as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4604). The changes to Figure §40.6(b)(1)(C) remove the map elements that distinguish between the current and proposed zones and more clearly delineates the surveillance zone. This rule will be republished.The adopted amendments replace the Executive Director Order Declaring a Chronic Wasting Disease High Risk Area Containment Zone for Portions of Val Verde County dated December 20, 2019, Texas Register (45 TexReg 425), and establish surveillance and containment zones in response to CWD confirmations in Kimble, Medina and Val Verde counties.BACKGROUND AND JUSTIFICATION The Commission’s rationale for adopting these amendments related to the containment of Chronic Wasting Disease is detailed in this week’s edition of the Texas Register (45 Tex Reg 7693). 

Texas Department on Aging and Disability Services

Transferred Rule

Rules formerly located in 40 TAC, Chapter 85 are being transferred to 26 TAC, Chapter 213 to transfer responsibility for the implementation of the Older Americans Act from DADS to HHSC

Title 26. Health and Human ServicesPart 1. Texas Health and Human Services CommissionChapter 213. Area Agencies on Aging Subchapter C. Implementation of the Older Americans ActOVERVIEWThe former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 85, Implementation of the Older Americans Act are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 213, Area Agencies on Aging, Subchapter C, Implementation of the Older Americans Act.The rules will be transferred in the Texas Administrative Code effective November 15, 2020.BACKGROUND AND JUSTIFICATION 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, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011.

Texas Health and Human Services Commission

In Addition

Revised notice of public hearing on proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 13, 2020, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective March 1, 2021, for the following services:AnesthesiaAmbulatory Surgical Center (ASC)/Hospital Based ASCBirthing CentersClinical LabsClinical Labs GapfillG Codes HospitalsGeneral and Integumentary System SurgeryNervous System SurgeryOrthotic Procedures and DevicesPhysician Administered Drugs (PAD) Non-OncologyPAD OncologyPAD VaccinesPAD NDCX ListA briefing packet describing the proposed payment rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after October 30, 2020. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us.HEARINGS DETAILS Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only.Please register for the HHSC Public Rate Hearing for Medicaid Calendar Fee Review, HCPCS Updates, and Medical Policy Updates to be held on November 13, 2020, 9:00 a.m. CST at: https://attendee.gotowebinar.com/register/6544792796314405390. After registering, you will receive a confirmation email containing information about joining the webinar.HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.PUBLIC COMMENT Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd, Austin, Texas 78751.

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 August 2020

OVERVIEWDuring the first half of August 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.

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 second half of August 2020

OVERVIEWDuring the second half of August 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.

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 September 2020

OVERVIEWDuring the first half of September 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.

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 second half of September 2020

OVERVIEWDuring the second half of September 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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