TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 71. INFORMATION PRACTICES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 71 consisting of §71.101, concerning Definitions; §71.102, concerning Requests for Information; §71.103, concerning Schedule of Fees; §71.201, concerning Definitions; §71.202, concerning Confidential Nature of Client Information; §71.203, concerning Client Access to Own Information; §71.204, concerning Release for Death Notification; §71.205, concerning Release for Eligibility Verification, Billing, and Service Delivery; §71.206, concerning Release under Client Authorization; §71.301, concerning Definitions; §71.302, concerning Right of Access to Your Individually Identifiable Health Information; §71.303, concerning Designated Record Sets; §71.304, concerning Right to Report of Disclosures; §71.305, concerning Fees for Copies of Information; §71.306, concerning Requests for Further Limits on Uses and Disclosures of Individually Identifiable Health Information; §71.307, concerning Requests for Communication by Different Means or at Different Locations; §71.308, concerning Verification of Identity and Authority; §71.309, concerning Disclosure of Health Information; §71.310, concerning Complaints; §71.401, concerning Right to Correct Incorrect Information; §71.402, concerning Requesting a Correction; §71.403, concerning Where to Send a Request for Correction; §71.404, concerning The Correction Review; and §71.405, concerning Correction of Individually Identifiable Health Information in a Designated Record Set.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove obsolete rules adopted in 2003 by the Texas Department of Human Services concerning information practices. These rules are outdated, duplicative of current rules and contain incorrect agency information.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§71.101 - 71.103, 71.201 - 71.206, 71.301 - 71.310 and 71.401 - 71.405 removes rules no longer necessary.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rule repeals will be in effect, enforcing or administering the rule repeals do 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 repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal an existing regulation;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals 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 rules will be removed and do not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to the repeals because the repeals do 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 repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules 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.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The repeals are authorized by 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 agencies.
The repeals implement Texas Government Code §524.0151.
§
71.101.
§
71.102.
§
71.103.
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-202501533
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 22, 2025
For further information, please call: (512) 221-9021
SUBCHAPTER
B.
STATUTORY AUTHORITY
The repeals are authorized by 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 agencies.
The repeals implement Texas Government Code §524.0151.
§
71.201.
§
71.202.
§
71.203.
§
71.204.
§
71.205.
§
71.206.
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-202501534
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 22, 2025
For further information, please call: (512) 221-9021
SUBCHAPTER
C.
STATUTORY AUTHORITY
The repeals are authorized by 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 agencies.
The repeals implement Texas Government Code §524.0151.
§
71.301.
§
71.302.
§
71.303.
§
71.304.
§
71.305.
§
71.306.
§
71.307.
§
71.308.
§
71.309.
§
71.310.
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-202501535
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 22, 2025
For further information, please call: (512) 221-9021
SUBCHAPTER
D.
STATUTORY AUTHORITY
The repeals are authorized by 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 agencies.
The repeals implement Texas Government Code §524.0151.
§
71.401.
§
71.402.
§
71.403.
§
71.404.
§
71.405.
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-202501536
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 22, 2025
For further information, please call: (512) 221-9021