PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 371. BREAST AND CERVICAL CANCER SERVICES
26 TAC §§371.1, 371.3, 371.5, 371.7, 371.9, 371.11, 371.13, 371.15
The Texas Health and Human Services Commission (HHSC) adopts amendments to Texas Administrative Code (TAC) Title 26, Part 1, §371.1, concerning Purpose; §371.3, concerning Federal Authorization and Requirements; §371.5, concerning Providers; §371.7, concerning Client Eligibility Requirements; §371.9, concerning Screening Requirements; §371.11, concerning Follow-up and Case Management Requirements; §371.13, concerning Payment for Services; and §371.15, concerning Client Fees.
The amendments to §§371.1, 371.3, 371.5, 371.7, 371.9, 371.11, 371.13, and 371.15 are adopted without changes to the proposed text as published in the December 9, 2022, issue of the Texas Register (47 TexReg 8098). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to update rules related to program services for the Breast and Cervical Cancer Services (BCCS) program. The proposed amendments include updates to reflect current clinical recommendations, statutes, and program titles, and to clarify the roles of BCCS contractors and HHSC staff. The proposed amendments are also necessary to reflect the transition of authority from the Texas Department of State Health Services (DSHS) to HHSC and other non-substantive administrative updates.
COMMENTS
The 31-day comment period ended on January 9, 2023.
During this period, HHSC did not receive any comments regarding the proposed rules.
STATUTORY AUTHORITY
The amendments are adopted under 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 §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules as necessary to carry out the commission's duties.
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 February 28, 2023.
TRD-202300956
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: March 20, 2023
Proposal publication date: December 9, 2022
For further information, please call: (512) 438-3098
The Texas Health and Human Services Commission (HHSC) adopts in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 550, Licensing Standards for Prescribed Pediatric Extended Care Centers, amendments to §550.5, concerning Definitions; §550.309, concerning Nursing Director and Alternate Nursing Director Qualifications and Conditions; §550.1102 concerning Transportation and Safety Conditions; and §550.1208, concerning Food Preparation.
Amended §§550.5, 550.309, 550.1102, and 550.1208 are adopted without changes to the proposed text as published in the December 9, 2022, issue of the Texas Register (47 TexReg 8101). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to update licensing standards for Prescribed Pediatric Extended Care Centers. The amendments add a definition for the term "premises," remove the term "public health disaster declaration," and update nursing degree requirements for the nursing director and alternate nursing director and staffing ratio requirements. The amendments also update outdated references to Texas Food Establishment rules, correct rule references that became outdated as a result of the administrative transfer of rules from 40 TAC Chapter 15 to 26 TAC Chapter 550, and reflect the transfer of functions from the Texas Department of Aging and Disability Services to HHSC.
COMMENTS
The 31-day comment period ended January 9, 2023. During this period, HHSC did not receive any comments regarding the proposed amendments.
SUBCHAPTER A. PURPOSE, SCOPE, LIMITATIONS, COMPLIANCE, AND DEFINITIONS
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; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rule-making authority; and Texas Health and Safety Code §248A.101, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement Texas Health and Safety Code §248A, including rules prescribing minimum standards to protect the health and safety of minors being served in prescribed pediatric extended care centers.
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 February 28, 2023.
TRD-202300943
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: March 20, 2023
Proposal publication date: December 9, 2022
For further information, please call: (512) 438-3161
DIVISION 2. ADMINISTRATION AND MANAGEMENT
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; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rule-making authority; and Texas Health and Safety Code §248A.101, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement Texas Health and Safety Code §248A, including rules prescribing minimum standards to protect the health and safety of minors being served in prescribed pediatric extended care centers.
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 February 28, 2023.
TRD-202300944
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: March 20, 2023
Proposal publication date: December 9, 2022
For further information, please call: (512) 438-3161
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; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rule-making authority; and Texas Health and Safety Code §248A.101, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement Texas Health and Safety Code §248A, including rules prescribing minimum standards to protect the health and safety of minors being served in prescribed pediatric extended care centers.
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 February 28, 2023.
TRD-202300945
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: March 20, 2023
Proposal publication date: December 9, 2022
For further information, please call: (512) 438-3161
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; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rule-making authority; and Texas Health and Safety Code §248A.101, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to implement Texas Health and Safety Code §248A, including rules prescribing minimum standards to protect the health and safety of minors being served in prescribed pediatric extended care centers.
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 February 28, 2023.
TRD-202300946
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: March 20, 2023
Proposal publication date: December 9, 2022
For further information, please call: (512) 438-3161
SUBCHAPTER D. APPLICATION PROCESS
DIVISION 12. PERMIT RENEWAL
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.475, concerning What does a completed renewal application for a permit include, and §745.477, concerning What happens after Licensing receives my renewal application, in Texas Administrative Code, Title 26, Chapter 745, Licensing, Subchapter D, Application Process, Division 12, Permit Renewal.
Amended §745.475 and §745.477 are adopted without changes to the proposed text as published in the November 18, 2022, issue of the Texas Register (47 TexReg 7651). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to implement the portions of Senate Bill (S.B.) 225, 87th Legislature, Regular Session, 2021, that amended Texas Human Resources Code (HRC) §42.050(c) and §42.052(f-2). These amendments change the time period that HHSC Child Care Regulation (CCR) must review for patterns of violations when evaluating whether to renew a license, certification, or registration from two to five years. CCR is also adopting a rule amendment to remove requirements that a completed renewal application include verifications from the provider that they have corrected deficiencies and paid all fees and administrative penalties that the provider owed; these provider verifications are not part of the current business process, and CCR conducts these verifications when processing a renewal application.
COMMENTS
The 31-day comment period ended December 19, 2023. During this period, HHSC received two comments regarding the rules: one commenter represented a child-placing agency, Texas Foster Care and Adoption, and one commenter represented a licensed child-care center, Avance. A summary of comments related to the rules and HHSC's responses follows.
Comment: Regarding §745.477, one commenter disagreed with the change expanding CCR's review of compliance history to five years, instead of two years, when evaluating whether to renew an operation's permit. This commenter stated that many people at the commenter's operation are trying to overcome compliance issues left from a previous Chief Executive Officer, and a five-year review of compliance history resulted in the operation being placed on Heightened Monitoring.
Response: HHSC disagrees with the commenter and declines to revise the rule. HRC §42.050(c) and §42.052(f-2) require CCR to evaluate five years of history for patterns of noncompliance.
Comment: One commenter made general recommendations that CCR: (1) consider creating "degree of violations with matrix and levels"; (2) support providers using a coaching model to improve compliance history; and (3) require all providers to attend a meeting to input on the new system, tools, and processes developed.
Response: This comment is not related to a specific rule in this project. As part of current business practice, CCR staff review an operation's compliance history during inspections, provide technical assistance, and answer questions. CCR accepts suggestions for regulatory changes. HHSC staff also participate in and facilitate meetings with providers. However, HHSC does not have the statutory authority to require attendance at these meeting or to create a meeting described in this comment.
STATUTORY AUTHORITY
The amendments are adopted under 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 §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out requirements of HRC Chapter 42.
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 February 28, 2023.
TRD-202300957
Karen Ray
Chief Counsel
Health and Human Service Commission
Effective date: March 20, 2023
Proposal publication date: November 18, 2022
For further information, please call: (512) 438-3269