TITLE 1. ADMINISTRATION

PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES

SUBCHAPTER B. ADVISORY COMMITTEES

DIVISION 1. COMMITTEES

1 TAC §351.825

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §351.825, concerning the Texas Brain Injury Advisory Council.

BACKGROUND AND PURPOSE

The purpose of the proposed amendment is to extend the Texas Brain Injury Advisory Council (TBIAC) for four years until July 1, 2024. Additional amendments to the rule include editorial changes and aligning the rule language with all other HHSC advisory committee rules. Reporting requirements are being amended to align with statute and policy.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §351.825(a) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. The amendment also specifies that the TBIAC is subject to §351.801 of this subchapter.

The proposed amendment to §351.825(b)-(d) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules.

Section 351.825(d) also amends the reporting requirements, so it aligns with advisory committee reporting requirements in statute and policy.

The proposed amendment to §351.825(e) deletes the old subsection and replaces it with requirements for open meetings.

The proposed amendment to §351.825(f) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. This subsection also specifies membership requirements for persons who want to serve on the TBIAC.

The proposed amendment to §351.825(g) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. This subsection also changes the term of office end date for the chair and vice chair from July 1 to December 31.

The proposed amendment to §351.825(h) adds the TBIAC member training requirements in rule.

The proposed amendment to §351.825(i) allows the TBIAC to continue for four years until July 1, 2024.

FISCAL NOTE

Liz Prado, Deputy Executive Commissioner, Financial Services, has determined that for each year of the first five years that the rule will be in effect, there will be an estimated additional cost to state government as a result of enforcing and administering the rules as proposed.

The effect on state government for each year of the first five years the proposed rules are in effect is an estimated General Revenue (GR) cost of $8,000 in fiscal year (FY) 2020, $8,000 in FY 2021, $8,000 in FY 2022, $8,000 in FY 2023, $8,000 in FY 2024, $8,000 in FY 2025.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of HHSC employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to HHSC;

(5) the proposed rule will not create a new rule;

(6) the proposed rule will not expand, limit, or repeal existing rule;

(7) the proposed rule will not change the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Liz Prado has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. There are no entities other than HHSC required to comply with this proposal.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Dee Budgewater, Deputy Executive Commissioner, Health, Developmental & Independence Services, has determined that for each year of the first five years the rule is in effect, the public benefit will be that brain injury survivors, family members and caregivers, and professionals working with brain injury survivors will have a voice on the TBIAC to advise the Executive Commissioner and the Health and Human Services system. The TBIAC advises on strategic planning, policy, rules, and services related to the prevention of brain injury; rehabilitation; and the provision of long term services and supports for persons who have survived brain injuries to improve their quality of life and ability to function independently in the home and community.

Liz Prado has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule. There are no entities other than HHSC required to comply with this proposal, which relates to existing advisory committee statutory authority, HHSC policy, and membership requirements.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 20R016" in the subject line.

STATUTORY AUTHORITY

The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Government Code §531.012, which authorizes the Executive Commissioner to establish advisory committees by rule.

The amendment affects Texas Government Code §531.0055 and Texas Government Code §531.012.

§351.825.Texas Brain Injury Advisory Council.

(a) Statutory authority. The Texas Brain Injury Advisory Council (TBIAC) [(Texas BIAC)] is established under [in accordance with] Texas Government Code §531.012 and is subject to §351.801 of this subchapter (relating to Authority and General Provisions).

(b) Purpose. The TBIAC [Texas BIAC] advises the Executive Commissioner and the Health and Human Services system [HHSC Office of Acquired Brain Injury (OABI)] on strategic planning, policy, rules, and services related to the prevention of brain injury; rehabilitation; and the provision of long term services and supports for persons who have survived brain injuries to improve their quality of life and ability to function independently in the home and community.

(c) Tasks. The TBIAC performs the following tasks [of the Texas BIAC include]:

(1) informing state leadership of the needs of persons who have survived a brain injury and their families regarding rehabilitation and the provision of long term services and supports to improve health and functioning that leads to achieving maximum independence in home and community living and participation;

(2) encouraging research into the causes and effects of brain injuries as well as promising and best practice approaches for prevention, early intervention, treatment and care of brain injuries and the provision of long term services and supports;

(3) recommending policies that facilitate the implementation of the most current promising and evidence-based practices for the care, rehabilitation, and the provision of long term services and supports to persons who have survived a brain injury;

(4) promoting brain injury awareness, education, and implementation of health promotion and prevention strategies across Texas; and

(5) facilitating the development of partnerships among diverse public and private provider and consumer stakeholder groups to develop and implement sustainable service and support strategies that meet the complex needs of persons who have survived a brain injury and those experiencing co-occurring conditions.

(d) Reporting requirements [Reports].

(1) Reporting to Executive Commissioner. By November 1 of each year, the TBIAC files an annual written report with the Executive Commissioner covering the meetings and activities in the immediate preceding fiscal year and reports any recommendations to the Executive Commissioner at a meeting of the Health and Human Services Commission Executive Council. The report includes:

[(1)] [The Texas BIAC files an annual written report with the Executive Commissioner.]

[(A) The report includes:]

(A) [(i)] a list of the meeting dates;

(B) [(ii)] the members' attendance records;

(C) [(iii)] a brief description of actions taken by the TBIAC [Texas BIAC];

(D) [(iv)] a description of how the TBIAC [Texas BIAC] accomplished its tasks;

[(v)] [a summary of the status of any rules that the Texas BIAC recommended to HHSC;]

(E) [(vi)] a description of activities the TBIAC [Texas BIAC] anticipates undertaking in the next fiscal year;

(F) recommendations made by the TBIAC, if any;

(G) [(vii)] recommended amendments to this section; and

(H) [(viii)] the costs related to the TBIAC [Texas BIAC], including the cost of HHSC staff time spent supporting the TBIAC's [council's ] activities and the source of funds used to support the TBIAC's [council's] activities.

[(B) The report covers the meetings and activities in the immediate preceding calendar year and is filed with the Executive Commissioner each February of the following calendar year.]

(2) Reporting to Texas Legislature. The TBIAC shall submit a written report to the Texas Legislature of any policy recommendations made to the Executive Commissioner by December 1 of each even-numbered year.

[(2) No later than December 1st of each even-numbered year, the Texas BIAC submits a report to the Governor, the Texas Legislature, and the Executive Commissioner regarding its findings and recommendations.]

(e) Open meetings. The TBIAC complies with the requirements for open meetings under Texas Government Code Chapter 551 as if it were a governmental body.

[(e) Date of abolition. The Texas BIAC is abolished, and this section expires, four years after the date of the council's creation, in compliance with Texas Government Code §2110.008(b).]

(f) Membership. The TBIAC [Texas BIAC] is composed of 15 members appointed by the Executive Commissioner. In selecting members to serve on the committee, HHSC may consider the applicants' geographic location. Except as may be necessary to stagger terms, the term of office of each member is three years. A member may apply to serve one additional term.

(1) The TBIAC [Texas BIAC] includes:

(A) one representative from acute hospital trauma units;

(B) one representative from post-acute rehabilitation facilities;

(C) one representative of a long-term care facility that serves persons who have survived a brain injury;

(D) one healthcare practitioner or service [practitioner/service] provider who has specialized training or interest [training/interest] in the prevention of brain injuries or the [injuries and/or the] care, treatment, and rehabilitation of persons who have survived a brain injury;

(E) one representative of an institution of higher education engaged in research that impacts persons who have survived a brain injury;

(F) five persons who have survived a brain injury representing diverse ethnic or cultural [ethnic/cultural] groups and geographic regions of Texas, with:

(i) at least one of these being a transition age youth (age 18-26); [and]

(ii) at least one of these being a person who has survived a traumatic brain injury; and

(iii) at least one of these being a person who has survived a non-traumatic brain injury;

(G) four family members actively involved in the care of loved ones who have sustained a brain injury, with: [; and]

(i) at least one of these being a person whose loved one has survived a traumatic brain injury; and

(ii) at least one of these being a person whose loved one has survived a non-traumatic brain injury; and

(H) one representative from the stroke committee of the Governor's Emergency Medical Services (EMS) [EMS] & Trauma Advisory Council or other stakeholder group with a focus on stroke.

(2) Members are appointed for staggered terms so that the terms of five, or almost five, members expire on December 31 of each year. Regardless of the term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.

[(2) The OABI is committed to ensuring that membership of the Texas BIAC reflects the cultural, ethnic, and geographic diversity of Texas. To this purpose, membership will include representation from at least 6 of the 11 Texas Health Service Regions (www.dshs.state.tx.us/regions/state.shtm). Vacancies will be announced to subscribers on delivery.gov and posted on the OABI and Texas BIAC websites to facilitate access to all interested stakeholders. The experience, education, and geographical locations of applicants will be evaluated in making recommendations for appointment.]

[(3) Except as may be necessary to stagger terms, each member is appointed to serve a term of three years, with an appropriate number of terms expiring each December 31st.]

(3) [(4)] If a vacancy occurs, a person is appointed to serve the unexpired portion of that term.

(g) Officers. The TBIAC [Texas BIAC] selects a chair and vice chair of the TBIAC from its members [the presiding officer and an assistant presiding officer], one of whom must be [a public consumer member (] a person who has survived a brain injury or a family member actively involved in the care of a loved one who has survived a brain injury[)].

(1) The chair [presiding officer] serves until December 31 [July 1] of each even-numbered year. The vice chair [assistant presiding officer] serves until December 31 [July 1] of each odd-numbered year. [Both the presiding officer and the assistant presiding officer may holdover until his or her replacement is selected.]

[(2) The presiding officer presides at all Texas BIAC meetings in which he or she is in attendance, calls meetings in accordance with this section, appoints committees of the council as necessary, and causes proper reports to be made to the Executive Commissioner. The presiding officer may serve as a voting, ex officio member of any committee of the council.]

[(3) The assistant presiding officer performs the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer serves until the Texas BIAC selects a new presiding officer.]

(2) [(4)] A member serves no more than two consecutive terms as chair [presiding officer] or vice chair. A chair or vice chair may not serve beyond their membership term [assistant presiding officer].

[(5) The Texas BIAC may reference its officers by other terms, such as chairperson and vice-chairperson.]

(h) Required Training. Each member shall complete all training on relevant statutes and rules, including this section and §351.801 of this subchapter, and Texas Government Code §531.012, and Chapters 551 and 2110. Training will be provided by HHSC.

(i) Date of abolition. The TBIAC is abolished, and this section expires, on July 1, 2024, in compliance with Texas Government Code §2110.008(b).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 6, 2020.

TRD-202000438

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: March 22, 2020

For further information, please call: (512) 206-5209