Texas Register September 23, 2022 Volume: 47 Number: 38

Texas Health and Human Services Commission

Adopted Rules Re:

New 26 TAC §§306.101, 306.103, 306.105, 306.107, 306.109, 306.111, concerning certification, recertification, and certification maintenance requirements for Texas Certified Community Behavioral Health Clinics (T-CCBHCs).

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER C. TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS
26 TAC §§306.101, 306.103, 306.105, 306.107, 306.109, 306.111

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §306.101, concerning Purpose; §306.103, concerning Application; §306.105, concerning Definitions; §306.107, concerning Certification Eligibility; §306.109, concerning Application Process; and §306.111, concerning Certification Standards.

Sections 306.101, 306.103, 306.105, 306.109, and 306.111 are adopted without changes to the proposed text as published in the June 10, 2022, issue of the Texas Register (47 TexReg 3421). These rules will not be republished. Section 306.107 is adopted with changes to the proposed text published in the June 10, 2022, issue of the Texas Register (47 TexReg 3421). This rule will be republished.

BACKGROUND AND JUSTIFICATION

The new sections are necessary to codify existing certification, recertification, and certification maintenance requirements for Texas Certified Community Behavioral Health Clinics. Certified Community Behavioral Health Clinics are a national service delivery model that integrates behavioral health care and primary care to improve overall health outcomes.


New 26 TAC §506.39, concerning in-person religious counselor visitation during a public health emergency.

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §506.39

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §506.39, concerning In-Person Visitation During a Public Health Emergency or Disaster.

New §506.39 is adopted without changes to the proposed text as published in the June 24, 2022, issue of the Texas Register (47 TexReg 3657). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new section is necessary to comply with Senate Bill (S.B.) 572, 87th Legislature, 2021, Regular Session. S.B. 572 requires HHSC to adopt rules establishing guidelines for certain health care facilities, including hospitals and special care facilities, to use when developing policies and procedures for in-person religious counselor visitation during a public health emergency, as required under Texas Health and Safety Code Chapter 260C.


Amending 26 TAC §§556.2, 556.3, 556.5 – 556.13 to address the shortage of certified nurse aides by expanding the definition of a clinical site to allow certain health care facilities other than nursing facilities to serve as a NATCEP clinical site.

CHAPTER 556. NURSE AIDES
26 TAC §§556.2, 556.3, 556.5 – 556.13

OVERVIEW

The Health and Human Services Commission (HHSC) adopts amendments to §§556.2, 556.3, and 556.5 – 556.13, in Title 26, Part 1, Chapter 556, concerning Nurse Aides.

Amendments to §556.7 are adopted with changes to the proposed text as published in the April 8, 2022, issue of the Texas Register (47 TexReg 1830). This rule will be republished.

Amendments to §§556.2, 556.3. 556.5, 556.6, and 556.8 – 556.13 are adopted without changes to the proposed text as published in the April 8, 2022, issue of the Texas Register (47 TexReg 1830). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amended rules implement Texas Health and Safety Code (HSC), Chapter 250, Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons with Disabilities, or Persons with Terminal Illnesses, created by Senate Bill (S.B.) 1103, 87th Legislature, Regular Session, 2021. HSC Chapter 250 states that nurse aides must be provided a certificate of registration to be placed on the Nurse Aide Registry.

The purpose of these amendments is to address the shortage of certified nurse aides by expanding the definition of a clinical site to allow certain health care facilities other than nursing facilities to serve as a NATCEP clinical site and to clarify that HHSC may conduct on-site or off-site visits and reviews.


Texas Department of State Health Services

Adopted Rules Re:

Repealing §37.420, concerning the Sickle Cell Advisory Committee and proposing a new §37.420 concerning the Sickle Cell Task Force.

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER R. ADVISORY COMMITTEES
25 TAC §37.420

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §37.420, concerning the Sickle Cell Advisory Committee (SCAC) and adopts new §37.420, concerning the Sickle Cell Task Force (Task Force). The repeal and new rule for §37.420 are adopted without changes to the proposed text as published in the June 24, 2022, issue of the Texas Register (47 TexReg 3653). The repeal and new rule will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal and new rule are necessary to comply with state legislation. Per Texas Government Code, §2110.008, Duration of Advisory Committees, the SCAC was abolished effective September 1, 2018.

The new rule for §37.420, Sickle Cell Task Force, replaces the repealed section for the SCAC. The Task Force was established in accordance with House Bill 3405, 86th Legislature, Regular Session, 2019, and promulgated under the Texas Health and Safety Code, Chapter 50 (redesignated as Texas Health and Safety Code, Chapter 52 per House Bill 3607, 87th Legislature, Regular Session, 2021). The Task Force was created to continue the work of the SCAC. The new rule establishes the Task Force and describes Task Force composition, roles, responsibilities, and abolishment date.


New 25 TAC §133.51, concerning in-person visitation of religious counselors during a public health emergency or disaster.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.51

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts new §133.51, concerning In-Person Visitation During a Public Health Emergency or Disaster.

New §133.51 is adopted without changes to the proposed text as published in the June 24, 2022, issue of the Texas Register (47 TexReg 3655). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new section is necessary to comply with Senate Bill (S.B.) 572, 87th Legislature, 2021, Regular Session. S.B. 572 requires HHSC to adopt rules establishing guidelines for certain health care facilities, including hospitals and special care facilities, to use when developing policies and procedures for in-person religious counselor visitation during a public health emergency, as required under Texas Health and Safety Code Chapter 260C.

The new section also ensures consistency with House Bill (H.B.) 2211, 87th Legislature, 2021, Regular Session. H.B. 2211 requires a hospital to permit, except under certain circumstances, in-person visitation with hospital patients during a qualifying period of disaster and allows the hospital to condition this visitation upon compliance with certain authorized health and safety measures under Texas Health and Safety Code §241.012.