TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 117 in Texas Administrative Code (TAC) Title 25, which consists of §§117.1, 117.2, 117.11 - 117.19, 117.31 - 117.33, 117.41 - 117.49, 117.61 - 117.65, and 117.81 - 117.86.

The repeals are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3362) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adoption of these repeals removes them from 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A - F, to replace them with similar and updated new rules in 26 TAC Chapter 507, Subchapters A - F, End Stage Renal Disease Facilities. The adoption of the new rules is published elsewhere in this issue of the Texas Register. 25 TAC Chapter 117, Subchapters G and H, were administratively transferred to 26 TAC 507, Subchapters Y and Z.

COMMENTS

The 31-day comment period ended July 7, 2025.

During this period, HHSC did not receive any comments regarding the proposed repeals.

SUBCHAPTER A. GENERAL PROVISIONS

STATUTORY AUTHORITY

The repealed rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 3, 2025.

TRD-202504421

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 23, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 834-4591

SUBCHAPTER B. APPLICATION AND ISSUANCE OF A LICENSE

STATUTORY AUTHORITY

The repealed rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 3, 2025.

TRD-202504422

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 23, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 834-4591

SUBCHAPTER C. MINIMUM STANDARDS FOR EQUIPMENT, WATER TREATMENT AND REUSE, AND SANITARY AND HYGIENIC CONDITIONS

STATUTORY AUTHORITY

The repealed rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 3, 2025.

TRD-202504423

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 23, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 834-4591

SUBCHAPTER D. MINIMUM STANDARDS FOR PATIENT CARE AND TREATMENT

STATUTORY AUTHORITY

The repealed rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 3, 2025.

TRD-202504424

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 23, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 834-4591

SUBCHAPTER E. DIALYSIS TECHNICIANS

STATUTORY AUTHORITY

The repealed rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 3, 2025.

TRD-202504425

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 23, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 834-4591

SUBCHAPTER F. CORRECTIVE ACTION PLAN AND ENFORCEMENT

STATUTORY AUTHORITY

The repealed rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 3, 2025.

TRD-202504426

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 23, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 834-4591