Below is a spotlight on the adopted, proposed, and withdrawn rules from the April 26 and May 3 editions of the Texas Register.
Finance
Comptroller of Public Accounts
Proposed
- Funds Management 34 TAC 5 – Amendments allow a state employee to establish, change or cancel a payroll deduction by submitting an electronic authorization through CAPPS. Other nonsubstantive and conforming changes are made throughout the affected section. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- Broadband Development Program 34 TAC 16 – Pursuant to SB 1238 88(R), amendments increase the threshold speeds for internet service to qualify as broadband service to match the standards adopted by the Federal Communications Commission for advanced telecommunications capability. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
Office of Consumer Credit Commissioner
Proposed
- Documentary Fee for Covered Land Vehicles and Watercraft 7 TAC 86 – Rules increase max documentary fee for covered land vehicles (i.e., motorcycles, mopeds, all-terrain vehicles, boat trailers, and towable recreational vehicles) and watercraft from $125 to $200, and for purchases of land vehicles and watercraft together (i.e., boat and trailer purchase) from $175 to $250. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
Texas Department of Insurance
Proposed
- Corporate and Financial Regulation 28 TAC 7 – New and amended sections concern licensing requirements for multiple employer welfare arrangements (MEWAs). Implementing HB 290 88(R), all new MEWAs that apply for an initial certificate of authority on or after January 1, 2024, and existing MEWAs that elect to comply with the new section are subject to the new provisions. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
Health Care
Department of State Health Services
Proposed
- Itemized Billing Updates 25 TAC 133, 135, 137, 139, and 229 – Updates to itemized billing requirements pursuant to SB 490 88(R) for hospitals, ambulatory surgical centers, birthing centers, abortion facilities, and narcotic treatment programs. Must send patients an itemized bill of the alleged cost of each health care service and supply provided. Certain section titles are updated and sections are reorganized for clarity. The public comment period is open until May 27. Earliest possible date of adoption: May 26, 2024.
- Investigational Treatments for Severe Chronic Disease 25 TAC 1 – Proposal to implement SB 773 88(R) to allow access to investigational treatments for patients with severe chronic disease. Amendments and additions include 1) definitions, 2) eligibility requirements for a patient with a severe chronic disease to access and use an investigational drug, biological product, or device, and 3) requirements for an informed consent form. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- Removal of Rules no Longer Necessary 25 TAC 3, 4, 61, 111, 113, 127, 140, 205, and 297 – Removal of rules no longer applicable or effective pertaining to certain contracting rules, Memorandums of Understanding, the Diabetic Eye Disease Detection Initiative, special health services permits, and others. Full details for repealed rules listed in the Register. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- Workplace Violence Prevention 25 TAC 133 and 135 – Proposed rules require general hospitals, special hospitals, and ambulatory surgical centers (ASCs) to establish a workplace violence prevention committee or authorize an existing committee to develop the facility’s workplace violence prevention plan. Facilities must adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior. Also establishes annual review schedules, minimum requirements to respond to workplace violence incidents, and protections for individuals who report incidents. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
Health and Human Services Commission
Proposed
- Itemized Billing Updates 26 TAC 506, 507, 509, 510, and 511 – Updates to itemized billing requirements pursuant to SB 490 88(R) for special care facilities, end stage renal disease facilities, freestanding emergency medical care facilities, private psychiatric hospitals, crisis stabilization units, limited service rural hospitals, and substance-related disorder treatment facilities. Must send patients an itemized bill of the alleged cost of each health care service and supply provided. Certain section titles are updated and sections are reorganized for clarity. The public comment period is open until May 27. Earliest possible date of adoption: May 26, 2024.
- Reimbursement Rates for Nursing Facilities – Proposed rules operationalize requirements from Rider 25 of the 2024-25 General Appropriations Act, HB 1 88(R), enabling HHSC to implement a Patient Driven Payment Model (PDPM) for long-term care (LTC) in nursing facilities. Previous payment rules titles are amended to clarify that those rules are in effect until September 1, 2025, when the PDPM long-term care (LTC) methodology is implemented. The proposal repeals rules concerning Performance-based Add-on Payment Methodology and Supplemental Payments to Non-State Government-Owned Nursing Facilities, and adds rules for the Reimbursement Setting Methodology for Nursing Facilities and Nursing Care Staff Rate Enhancement Program for Nursing Facilities on or after September 1, 2025. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- Workplace Violence Prevention 26 TAC 509 and 510 – Proposed rules require freestanding emergency medical care (FEMC) facilities, private psychiatric hospitals, and crisis stabilization units to establish a workplace violence prevention committee or authorize an existing committee to develop the facility’s workplace violence prevention plan. Facilities must adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior. Also establishes annual review schedules, minimum requirements to respond to workplace violence incidents, and protections for individuals who report incidents. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- Licensing Standards for Assisted Living Facilities 26 TAC 553 – Proposal to implement HB 1009 88(R), HB 1673 88(R), and HB 4696 88(R). HB 1009 requires a facility to suspend an employee who HHSC has determined has engaged in reportable conduct during any applicable appeals process. HB 1673 requires facilities that are not Alzheimer’s certified to nevertheless ensure all staff complete training specific to Alzheimer’s disease and related disorders. HB 4696 allows HHSC to conduct an offsite survey unless the investigation is for alleged abuse or neglect. The proposal also clarifies that an accreditation commission is able to conduct a life safety code survey of a facility. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- Confidential Records 26 TAC 745 – Proposal to implement SB 510 88(R) and a portion of HB 4696 88(R). Per SB 510, the proposal would 1) add a new rule that describes the confidentiality requirements that apply to an applicant for a permit, a permit holder, or a former permit holder and 2) amend an existing rule that describes the confidential portions of a child care record. Per HB 4696, the proposal would add any information that would interfere with an HHSC PI investigation to the list of confidential information in a child care record. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
- State Hospital Essential Caregiver Designation 26 TAC 930 – Per SB 52 88(R), Proposed rules establish the right for a patient in a state hospital, or the patient’s legally authorized representative (LAR), to designate an essential caregiver with whom a state hospital cannot prohibit in-person visitation. The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.
Water
Texas Water Development Board
Proposed
- Rural Water Assistance Fund 31 TAC 365 – Proposed rules implement SB 469 88(R) by adding a general definition of “rural political subdivision” and SB 28 88(R) by expanding allowable technical assistance using funds from the Rural Water Assistance Fund. Additionally, the rules allow the TWDB Executive Administrator to determine lending rate scales for loans funded by a source other than bond proceeds. The public comment period is open until May 27. Earliest possible date of adoption: May 26, 2024.