TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 448. STANDARD OF CARE
SUBCHAPTER
A.
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 448 consisting of §448.101, concerning Definitions.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove an obsolete rule. Section 448.101 was adopted in 2004 to adopt by reference definitions originally located in Title 40, Chapter 141 that have since been repealed.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rule repeal will be in effect, enforcing or administering the rule repeal does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rule repeal will be in effect:
(1) the proposed repeal will not create or eliminate a government program;
(2) implementation of the proposed repeal will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeal will result in no assumed change in future legislative appropriations;
(4) the proposed repeal will not affect fees paid to HHSC;
(5) the proposed repeal will not create a new regulation;
(6) the proposed repeal will not expand, limit, or repeal an existing regulation;
(7) the proposed repeal will not change the number of individuals subject to the rule; and
(8) the proposed repeal will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rule will be removed and does not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The proposed repeal will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to the repeal because the repeal does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public benefit will be removal of an unnecessary rule from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the rule will be removed.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 21 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 the 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 24R056" in the subject line.
STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services agencies.
The repeal implements Texas Government Code §524.0151.
§
448.101.
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 May 6, 2025.
TRD-202501532
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 22, 2025
For further information, please call: (512) 221-9021