Texas Register Table of Contents
- 1 Governor
- 2 Governor
- 3 Texas Department of State Health Services
- 4 Texas Health and Human Services Commission
- 5 Texas Health and Human Services Commission
- 6 Texas Health and Human Services Commission
- 7 Texas Health and Human Services Commission
- 8 Texas Health and Human Services Commission
- 9 Texas Health and Human Services Commission
- 10 Texas Health and Human Services Commission
- 11 Texas Health and Human Services Commission
- 12 Texas Health and Human Services Commission
- 13 Texas Department on Aging and Disability Services
- 14 Texas Board of Chiropractic Examiners
- 15 Texas Board of Chiropractic Examiners
- 16 Texas Department of Insurance
- 17 Texas Department of State Health Services
- 18 Texas Health and Human Services Commission
- 19 Texas Workforce Commission
- 20 Texas Workforce Commission
- 21 Texas Workforce Commission
- 22 Texas Workforce Commission
- 23 Texas Workforce Commission
- 24 Texas Workforce Commission
- 25 Texas Workforce Commission
- 26 Texas Workforce Commission
- 27 Texas Workforce Commission
- 28 Texas Department of Licensing and Regulation
- 29 Texas Department of State Health Services
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Governor
Appointments
Governor appoints three new members and reappoints two members to the Podiatric Medical Examiners Advisory Board
Appointments for September 23, 2020Appointed to the Podiatric Medical Examiners Advisory Board, for terms to expire February 1, 2021: Nancy C. Windham of Nacogdoches, Texas (pursuant to Occupations Code Sec. 202.051);Maria “Yvette” Hernandez of Rio Grande City, Texas (pursuant to Occupations Code Sec. 202.051);James M. “Michael” Lunsford, D.P.M. of Spring Branch, Texas (Dr. Lunsford is being reappointed);Joe E. Martin, Jr., D.P.M. of College Station, Texas (Dr. Martin is being reappointed);Cirenia H. Terrazas of Austin, Texas (pursuant to Occupations Code Sec. 202.051).
Governor
Appointments
Governor appoints Zoey Wang to the Family Practice Residency Advisory Committee
Appointments for September 24, 2020Appointed to the Family Practice Residency Advisory Committee, for a term to expire August 29, 2023, Zoey Z. Wang of Houston, Texas (replacing Adrienne Peña-Garza of Pharr, whose term expired).
Texas Department of State Health Services
Emergency Rule
New 25 TAC §133.51, requiring hospitals to implement screening procedures and limit visitor access during the COVID-19 crisis
CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.51OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 133 Hospital Licensing, new §133.51, concerning Visitor Screening and Access During the COVID-19 Pandemic. This emergency rule will provide guidance to hospitals regarding limiting and screening visitors in order to reduce the risk of COVID-19 transmission.HHSC is adopting this emergency rule to require hospitals to adopt, implement, and enforce written policies and procedures to screen each person entering the hospital and to restrict visitor access as determined necessary by the hospital to limit the spread of COVID-19. The emergency rule also specifies that a hospital may not prohibit government personnel performing their official duty from entering the hospital, unless they fail to meet the hospital’s screening criteria.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. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule, Visitor Screening and Access During the COVID-19 Pandemic.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §500.2, allowing hospitals to waive certain operational requirements for emergency off-site facilities during the COVID-19 crisis
CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER A. HOSPITALS26 TAC §500.2OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis new §500.2, Waiver of 36-Month Requirement During the COVID-19 Pandemic, in Title 26 Texas Administrative Code, Chapter 500, to allow HHSC flexibility in implementing an emergency rule in §500.1, Hospital Off-Site Facilities in Response to COVID-19. The new emergency rule will enable hospitals to treat and house patients more effectively in response to COVID-19 by allowing HHSC to waive the requirement that an emergency off-site facility must have been licensed or open within the past 36 months.HHSC previously adopted an emergency rule to allow a currently licensed hospital to operate an off-site inpatient facility without obtaining a new license. To allow operation of additional off-site facilities, HHSC is adopting this emergency rule to allow a waiver of the requirement for off-site facilities to be open or licensed within the past 36 months, at HHSC’s discretion.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 exists and requires immediate adoption of this emergency rule for Waiver of 36-Month Requirement During the COVID-19 Pandemic.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §510.48, requiring private psychiatric hospitals and stabilization units to implement screening procedures in response to the COVID-19 crisis
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITSSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §510.48OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, new §510.48, concerning an emergency rule in response to COVID-19 in order to provide guidance to facilities regarding limiting and screening visitors in order to reduce the risk of COVID-19 transmission. To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting this emergency rule to require facilities to adopt, implement, and enforce written policies and procedures to screen each person entering the facility. The emergency rule also specifies that a facility may not prohibit government personnel performing their official duty from entering the facility, unless they fail to meet the facility’s screening criteria.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. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule, Visitor Screening and Access During the COVID-19 Pandemic.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §550.213, requiring prescribed pediatric extended care centers to implement screening procedures in response to the COVID-19 crisis
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERSSUBCHAPTER C. GENERAL PROVISIONSDIVISION 1. OPERATIONS AND SAFETY PROVISIONS26 TAC §550.213OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 550, Licensing Standards for Prescribed Pediatric Extended Care Centers, Subchapter C, General Provisions, Division 1, Operations and Safety Provisions, new §550.213, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency rule to update screening requirements for certain persons authorized to enter a pediatric extended care center. The updates are consistent with current guidance provided by the Centers for Disease Control and Prevention.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 Prescribed Pediatric Extended Care Center Response to COVID-19.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §558.960, requiring home and community support services agencies to offer alternative methods for providing non-essential services during the COVID-19 crisis
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 TAC §558.960OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, new §558.960, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency rule to require screening of staff, clients, and household members to offer alternative methods to provide non-essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this COVID-19 Response.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 critical 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 HCSSA Response to COVID-19.
Texas Health and Human Services Commission
Emergency Rule
Renewing 26 TAC, Subchapter A, which created the Certificate of Public Advantage for certain hospitals in low-population counties
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER A. GENERAL PROVISIONS26 TAC §§567.1 – 567.6OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §§567.1 – 567.6 for a 60-day period. The emergency rules were originally published in the June 12, 2020, issue of the Texas Register (45 TexReg 3951) and permit qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following sections have been created under new Subchapter A (General Provisions): §567.1: Purpose§567.2: Definitions§567.3: Applicability§567.4: Certificate of Public Advantage Required§567.5: Compliance§567.6: ScopeBACKGROUND AND JUSTIFICATIONHHSC is renewing these emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.Subchapter A permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.
Texas Health and Human Services Commission
Emergency Rule
Renewing 26 TAC, Subchapter B, which outlines the application process for a Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER B. APPLICATION OF PUBLIC ADVANTAGE26 TAC §§567.21 – 567.26OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §§567.21 – 567.26 for a 60-day period. The text of the emergency rule was originally published in the June 12, 2020, issue of the Texas Register (45 TexReg 3951) and permit qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following sections have been created under new Subchapter B (Application of Public Advantage): §567.21: Changes That Could Affect the Certificate of Public Advantage§567.22: Application§567.23: Texas Health and Human Services Commission Review§567.24: Attorney General Review§567.25: Fees§567.26: Conditions for Issuing a Certificate of Public AdvantageBACKGROUND AND JUSTIFICATIONHHSC is renewing these emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.Subchapter B permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.
Texas Health and Human Services Commission
Emergency Rule
Renewing 26 TAC, Subchapter C, which outlines operational requirements for a Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §§567.31 – 567.33OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §§567.31 – 567.33 for a 60-day period. The text of the emergency rule was originally published in the June 12, 2020, issue of the Texas Register (45 TexReg 3951) and permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following sections have been created under new Subchapter C (Operational Requirements): §567.31: Terms§567.32: Annual Report§567.33: Voluntary Termination BACKGROUND AND JUSTIFICATIONHHSC is renewing these emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.Subchapter C permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.
Texas Health and Human Services Commission
Emergency Rule
Renewing 26 TAC, Subchapter D, which outlines rate review requirements for a Certificate of Public Advantage hospital
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER D. RATE REVIEW26 TAC §567.41OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §567.41 for a 60-day period. The text of the emergency rule was originally published in the June 12, 2020, issue of the Texas Register (45 TexReg 3951) and permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following section has been created under new Subchapter D (Rate Review): §567.41: Rate Reviews for Hospitals Operating Under a Certificate of Public Advantage BACKGROUND AND JUSTIFICATIONHHSC is adopting these emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.Subchapter D permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.
Texas Health and Human Services Commission
Emergency Rule
Renewing 26 TAC, Subchapter E, which outlines compliance and enforcement procedure for a Certificate of Public Advantage hospital
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER E. ENFORCEMENT26 TAC §§567.51 – 567.54OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §§567.51 – 567.54 for a 60-day period. The text of the emergency rule was originally published in the June 12, 2020, issue of the Texas Register (45 TexReg 3951) and permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following section has been created under new Subchapter E (Enforcement): §567.51: Supervision§567.52: Annual Review§567.53: Investigation; Consequences§567.54: Corrective Action Plan BACKGROUND AND JUSTIFICATIONHHSC is renewing these emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.Subchapter E permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.
Texas Department on Aging and Disability Services
Emergency Rule
New 40 TAC §98.65, requiring day activity and health services facilities to implement screening procedures in response to the COVID-19 crisis
CHAPTER 98. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTSSUBCHAPTER D. LICENSURE AND PROGRAM REQUIREMENTS40 TAC §98.65OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC or Commission) adopts on an emergency basis in Title 40, Texas Administrative Code, Chapter 98, Day Activity and Health Services Requirements, new §98.65, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency rule to update screening requirements for certain persons authorized to enter a day activity and health services facility. The updates are consistent with current guidance provided by the Centers for Disease Control and Prevention.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 Day Activity and Health Services Response to COVID-19.
Texas Board of Chiropractic Examiners
Proposed Rules
New 22 TAC §78.5, regulating how a chiropractor may delegate the performance of radiologic procedures to an unlicensed individual
CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.5OVERVIEWThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.5 (Delegation of Radiologic Procedures). BACKGROUND AND JUSTIFICATION The Board proposes this rule to comply with Texas Occupations Code §601.252. Section 601.252 requires the Board to adopt rules to regulate how a chiropractor may delegate the performance of radiologic procedures to an unlicensed individual.
Texas Board of Chiropractic Examiners
Proposed Rules
New 22 TAC §80.12, requiring the retention of complaint records
CHAPTER 80. COMPLAINTS22 TAC §80.12OVERVIEWThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §80.12 (Retention of Complaint Records). BACKGROUND AND JUSTIFICATION The Board proposes this rule to comply with Texas Occupations Code §201.156. Section 201.156 requires the Board to adopt procedures by rule relating to retaining investigative information about licensees.
Texas Department of Insurance
Proposed Rules
Amending 28 TAC §133.307 to allow the electronic submission of requests for Medical Fee Dispute Resolution
PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 133. GENERAL MEDICAL PROVISIONSSUBCHAPTER D. DISPUTE OF MEDICAL BILLS28 TAC §133.307OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC or division) proposes to amend 28 TAC §133.307 (concerning MDR of Fee Disputes) to allow health care providers and pharmacy processing agents to electronically submit requests for medical fee dispute resolution (MFDR).BACKGROUND AND JUSTIFICATION Section 133.307 applies to a request to DWC for MFDR as authorized by the Texas Workers’ Compensation Act. It was last amended in 2012. Currently, requestors can submit MFDR requests by mail and hand-delivery. Injured employees may also submit requests by fax. DWC proposes to amend §133.307 to allow electronic transmission in the form and manner described in 28 TAC §102.5 (concerning General Rules for Written Communications to and from the Commission) to increase convenience and reduce costs associated with fee disputes. As provided by §102.5(h), “Electronic transmission is defined as transmission of information by facsimile, electronic mail, electronic data interchange or any other similar method and does not include telephonic communication.” Under these amendments, electronic filing will be accepted through fax, secure file transfer protocol (SFTP), or encrypted email.
Texas Department of State Health Services
Withdrawn Rule
CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.51The Department of State Health Services withdraws the emergency adoption of the new 25 TAC §133.51, which appeared in the April 17, 2020, issue of the Texas Register (45 TexReg 2469).
Texas Health and Human Services Commission
Withdrawn Rule
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITSSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §510.48The Health and Human Services Commission withdraws the emergency adoption of the new 26 TAC §510.48, which appeared in the April 17, 2020, issue of the Texas Register (45 TexReg 2472).
Texas Workforce Commission
Withdrawn Rule
Withdrawing the emergency adoption of 40 TAC §815.1, which updated employer-notice requirements in response to the COVID-19 crisis
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER A. GENERAL PROVISIONS40 TAC §815.1The Texas Workforce Commission withdraws the proposed emergency amendment to §815.1, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2951).
Texas Workforce Commission
Withdrawn Rule
Withdrawing the emergency adoption of amendments to 40 TAC §§815.170 – 815.172, 815.174, which updated extended-benefit requirements in response to COVID-19 crisis
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER F. EXTENDED BENEFITS40 TAC §§815.170 – 815.172, 815.174The Texas Workforce Commission withdraws the proposed emergency amendments to §§815.170 – 815.172 and 815.174, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2951).
Texas Workforce Commission
Withdrawn Rule
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER F. EXTENDED BENEFITS40 TAC §815.173The Texas Workforce Commission withdraws the proposed emergency repeal of §815.173, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2951).
Texas Workforce Commission
Adopted Rules
Amending 40 TAC §815.1 to update employer-notice requirements for unemployment insurance
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER A. GENERAL PROVISIONS40 TAC §815.1OVERVIEWThe Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 815, relating to Unemployment Insurance, without changes, as published in the July 31, 2020, issue of the Texas Register (45 TexReg 5325): Subchapter A. General Provisions, §815.1 (Definitions). SUMMARY OF CHANGES Section 815.1 is amended to add new paragraph (14), which defines “places accessible” as locations in which an employer shall provide required notices to an employee, as provided in the Texas Unemployment Compensation Act (Act), Chapter 208.New paragraph (14)(A) provides that “places accessible” includes notices containing the required information are to be displayed in a manner reasonably calculated to be encountered by all employees.New paragraph (14)(B) provides that “places accessible” means an employer must provide the required notice information individually to an employee upon separation from employment. As the notice is provided directly to the individual, the employer has significant flexibility in how this information may be made known. Such information may be provided in a paper format, including by mail or with separation paperwork, email, text, or other means reasonably calculated to ensure the individual receives the required notification.Existing paragraphs (14) and (15) are renumbered to paragraphs (15) and (16).BACKGROUND AND JUSTIFICATION The purpose of the Chapter 815 rule change is to address the requirements of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as well as to exercise the authority bestowed upon the Agency by Texas Labor Code §209.025.
Texas Workforce Commission
Adopted Rules
Amending 40 TAC §815.12 to update repayment and recovery provisions for temporary extended unemployment compensation overpayments
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER B. BENEFITS, CLAIMS, AND APPEALS40 TAC §815.12OVERVIEWThe Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 815, relating to Unemployment Insurance, without changes, as published in the July 31, 2020, issue of the Texas Register (45 TexReg 5325): Subchapter B. Benefits, Claims and Appeals, §815.12 (Waiver of Repayment and Recovery of Temporary Extended Unemployment Compensation Overpayments).SUMMARY OF CHANGESSubsections (a) – (h) are amended to change references to Temporary Extended Unemployment Compensation (TEUC) to federal extended unemployment compensation.Subsections (b) – (d) are amended to reflect that an overpayment waiver determination will be made by the Agency or the Commission without a written request from a claimant. The decision may be appealed in accordance with Chapter 212 of the Act and under the administrative regulations of §§815.16 – 815.18.Subsections (i) and (j) are removed and subsection (k) is re-lettered to subsection (i). New subsection (j) is added to reflect that for the purposes of §815.12, a federal extended unemployment compensation program is an unemployment compensation program enacted by Congress that provides additional federally funded benefits. It does not include EB under Chapter 815 Subchapter F or Chapter 209 of the Act.BACKGROUND AND JUSTIFICATION The purpose of the Chapter 815 rule change is to address the requirements of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as well as to exercise the authority bestowed upon the Agency by Texas Labor Code §209.025.
Texas Workforce Commission
Adopted Rules
Repealing 40 TAC §815.29, relating to the coordination of emergency unemployment compensation with regular compensation
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER B. BENEFITS, CLAIMS, AND APPEALS40 TAC §815.29OVERVIEWTWC adopts the repeal of the following sections of Chapter 815, relating to Unemployment Insurance, without changes, as published in the July 31, 2020, issue of the Texas Register (45 TexReg 5325): Subchapter B. Benefits, Claims, and Appeals, §815.29 (Coordination of Emergency Unemployment Compensation with Regular Compensation). Section 815.29 is repealed as it relates to legislation no longer in effect.BACKGROUND AND JUSTIFICATION The purpose of the Chapter 815 rule change is to address the requirements of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as well as to exercise the authority bestowed upon the Agency by Texas Labor Code §209.025.
Texas Workforce Commission
Adopted Rules
Amending 40 TAC §§815.170 – 815.172, 815.174 to update extended-benefit requirements for unemployment insurance
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER F. EXTENDED BENEFITS40 TAC §§815.170 – 815.172, 815.174OVERVIEWThe Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 815, relating to Unemployment Insurance, without changes, as published in the July 31, 2020, issue of the Texas Register (45 TexReg 5325): Subchapter F. Extended Benefits:§815.170 (State “On” and “Off” Indicator Weeks: Conditional Trigger);§815.171 (High Unemployment Period: Maximum Total Extended Benefit Amount); §815.172 (Concurrent Emergency Unemployment Compensation Programs);§815.174 (Financing of Extended Benefits). SUMMARY OF CHANGESA detailed summary of the changes made to §§815.170 – 815.172, 815.174 is included in this week’s edition of the Texas Register (45 Tex Reg 7278).BACKGROUND AND JUSTIFICATION The purpose of the Chapter 815 rule change is to address the requirements of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as well as to exercise the authority bestowed upon the Agency by Texas Labor Code §209.025.
Texas Workforce Commission
Adopted Rules
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER F. EXTENDED BENEFITS40 TAC §815.173OVERVIEWTWC adopts the repeal of the following sections of Chapter 815, relating to Unemployment Insurance, without changes, as published in the July 31, 2020, issue of the Texas Register (45 TexReg 5325): Subchapter F. Extended Benefits, §815.173 (Eligibility Requirements during a Period of 100 Percent Federally Shared Benefits).Section 815.173 is repealed as it relates to legislation no longer in effect.BACKGROUND AND JUSTIFICATION The purpose of the Chapter 815 rule change is to address the requirements of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as well as to exercise the authority bestowed upon the Agency by Texas Labor Code §209.025.
Texas Workforce Commission
Adopted Rules
CHAPTER 815. UNEMPLOYMENT INSURANCESUBCHAPTER G. CARES ACT PROVISIONS40 TAC §§815.180 – 815.185OVERVIEWTWC adopts the following new subchapter to Chapter 815, relating to Unemployment Insurance, without changes, as published in the July 31, 2020, issue of the Texas Register (45 TexReg 5325) and the correction of error notice regarding new §815.181, as published in the August 14, 2020, issue of the Texas Register (45 TexReg 5694):Subchapter G. CARES Act Provisions, §§815.180 – 815.185. SUMMARY OF CHANGESA detailed summary of the new provisions included in Subchapter G is listed in this week’s edition of the Texas Register (45 Tex Reg 7278).BACKGROUND AND JUSTIFICATION The purpose of the Chapter 815 rule change is to address the requirements of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as well as to exercise the authority bestowed upon the Agency by Texas Labor Code §209.025.
Texas Department of Licensing and Regulation
Notices
OVERVIEWThe Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal the following chapters, in their entirety, contained in Title 16, Part 4, of the Texas Administrative Code:Chapter 100, General Provisions for Health-Related Programs.Chapter 110, Athletic Trainers.Chapter 111, Speech-Language Pathologists and Audiologists.Chapter 112, Hearing Instrument Fitters and Dispensers.Chapter 114, Orthotists and Prosthetists.Chapter 115, Midwives.Chapter 116, Dietitians.This review and consideration is being conducted in accordance with Texas Government Code §2001.039. During the review, the Department will assess whether the reasons for adopting or readopting the rules in these chapters continue to exist. The Department will review each rule to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current Department procedures. This review is required every four years.PUBILC COMMENT Written comments regarding the review of these chapters may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment); by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
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 July 2020
OVERVIEWDuring the first half of July 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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