TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 98. TEXAS HIV MEDICATION PROGRAM

SUBCHAPTER C. TEXAS HIV MEDICATION PROGRAM

DIVISION 2. ADVISORY COMMITTEE

25 TAC §98.121

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §98.121, concerning the Texas HIV Medication Advisory Committee.

BACKGROUND AND PURPOSE

The Texas HIV Medication Advisory Committee is mandated under Texas Health and Safety Code, Chapter 85, Subchapter K and advises the Executive Commissioner and DSHS in the development of procedures and guidelines for the Texas HIV Medication Program. The program helps provide medications for the treatment of HIV and its related complications for low-income Texans.

The purpose of the proposal is to avoid abolishment of the Texas HIV Medication Advisory Committee by August 1, 2020, as prescribed in the current rule. The proposed rule amendment is necessary to extend the date of the Texas HIV Medication Advisory Committee abolishment from August 1, 2020, to August 1, 2030.

The proposal is also being revised to comply with Texas Government Code, §2001.039, which requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Texas Government Code, Chapter 2001 (Administrative Procedure Act). Section 98.121 has been reviewed and DSHS has determined that reasons for adopting the section continue to exist because a rule on this subject is required by statute.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §98.121 changes the expiration date of the Texas HIV Medication Advisory Committee to reflect that the need for the committee has been established and that it continues until August 1, 2030.

FISCAL NOTE

Donna Sheppard, Chief Financial Officer, has determined that for each year of the first five years that the section will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS 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 DSHS 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 DSHS;

(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

Donna Sheppard has also determined that there will not be an adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not apply to small or micro-businesses, or rural communities.

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 is necessary to protect the health, safety, and welfare of the residents of Texas; and the rule does not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Ms. Imelda Garcia, Associate Commissioner, Laboratory and Infectious Disease Services Division, has determined that for each year of the first five years that the rule is in effect, the public benefit will be the continued professional advice provided by the Texas HIV Medication Advisory Committee to DSHS in relation to the administration of the Texas HIV Medication Program.

Donna Sheppard 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.

REGULATORY ANALYSIS

DSHS has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

DSHS 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 Derek Johnson, Legislative Liaison, Department of State Health Services, P.O. Box 149347, Mail Code 7909, Austin, Texas 78714-9347; street address 1100 West 49th Street, Austin, Texas 78756 or by email to hivstd@dshs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule §98.121" in the subject line.

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.

STATUTORY AUTHORITY

The amendment is authorized by Texas Health and Safety Code, §85.003, which requires DSHS to act as lead agency and primary resource for AIDS and HIV policy; Texas Health and Safety Code, §85.016, which allows for the adoption of rules; Texas Health and Safety Code, §85.061, which establishes the Texas HIV Medication Program; Texas Health and Safety Code, §85.272, which establishes the Texas HIV Medication Advisory Committee and its duties; and 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 system, including by DSHS. Under Texas Health and Safety Code, Chapter 1001, the DSHS Commissioner is authorized to assist the Executive Commissioner in the development of rules relating to the matters within DSHS jurisdiction. Review of the rule implements Texas Government Code, §2001.039.

The amendment implements Texas Government Code, §531.0055 and Texas Health and Safety Code, Chapters 85 and 1001.

§98.121.Texas HIV Medication Advisory Committee.

(a) The committee. The Texas HIV Medication Advisory Committee is mandated under Texas Health and Safety Code Chapter 85, Subchapter K, and is governed under the terms of those statutory provisions and by this section. The purpose of the committee is to advise the executive commissioner and the Texas Department of State Health Services (department) in the development of procedures and guidelines for the Texas HIV Medication Program (program).

(b) Tasks. The committee shall:

(1) review the aims and the goals of the program;

(2) evaluate ongoing program efforts;

(3) recommend both short-range and long-range goals and objectives for medication needs;

(4) recommend medications for addition to or deletion from the program's formulary; and

(5) carry out any other tasks given to the committee by the executive commissioner.

(c) Committee abolished. By August 1, 2030 [August 1, 2020], the executive commissioner will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(d) Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.

(1) Members shall be appointed for staggered terms so that the terms of a substantially equivalent number of members will expire on December 31st of each even-numbered year.

(2) If a vacancy occurs, a person may be appointed to serve the unexpired portion of that term.

(e) Meetings. The committee shall meet only as necessary to conduct committee business.

(1) A quorum for the purpose of transacting official business is six members.

(2) The committee is authorized to transact official business only when in a legally constituted meeting with quorum present.

(f) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which they are assigned.

(1) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting.

(2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings.

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 June 29, 2020.

TRD-202002644

Barbara L. Klein

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 9, 2020

For further information, please call: (512) 206-5745