In the December 24th Texas Register, the Texas Health and Human Services Commission proposed rule changes that update the classification criteria for a rural hospital, relocates the employee misconduct registry, and sets minimum standards for general residential operations and child placing agencies. See a brief overview of the proposed changes below. A public hearing to receive comments on the proposals will be held by HHSC through a hybrid webinar (in person and online). Meeting dates and times will be posted on the HHSC Communications and Events Website and click the links to the rules below for more information on how to submit public comment. 

 

Proposed Rules 

TEXAS HEALTH AND HUMAN SERVICES COMMISSION 

 

REIMBURSEMENT RATES 

TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT
1 TAC §355.8212 

  • The proposed amendment adds new criterion to classify hospitals as a rural hospital. A rural hospital includes a hospital that is designated by Medicare as a Critical Access Hospital (CAH) or a Sole Community Hospital (SCH) before October 1, 2021. Another addition is the definition of a hospital as a rural hospital if the hospital has 100 or fewer beds, is designated by Medicare as a CAH, a SCH, or a Rural Referral Center (RRC), and is located in a Metropolitan Statistical Area (MSA). 
  • The proposed amendment updates the set aside for rural hospitals for demonstration year ten to be calculated like demonstration year nine and updates the demonstration years. Other edits include replacing references to “Rate Analysis” with “Provider Finance.” 

 

EMPLOYEE MISCONDUCT REGISTRY 

26 TAC §§561.1 – 561.9 

  • This proposal updates and relocates the Employee Misconduct Registry (EMR) rules from 40 TAC Chapter 93 to 26 TAC Chapter 561. The relocation of the rules is necessary to implement SB 200 84(R) which transferred the functions of the legacy Department of Aging and Disability Services (DADS) to HHSC.  
  • These proposed new rules contain language that is substantially the same as the language of the rules they are replacing. The proposed new rules also revise the notice provisions for reportable conduct to conform to statutory requirements and revise the informal review process to provide for Regulatory Services Division central office staff to conduct or participate in the informal review process and in the decision-making process. Citations are updated to reflect the transition from Title 40 to Title 26. 

 

MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS 

26 TAC §748 

  • The proposal implements Texas Human Resources Code (HRC) §42.042(b), which requires Child Care Regulation (CCR), a division of HHSC, to conduct a comprehensive review of all minimum standards every six years. The proposed changes are a result of the comprehensive review of all minimum standards located in Chapter 748. 

 

MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES 

26 TAC §749 

  • The proposal implements Texas Human Resources Code (HRC) §42.042(b), which requires Child Care Regulation (CCR), a division of HHSC, to conduct a comprehensive review of all minimum standards every six years. The proposed changes are a result of the comprehensive review of all minimum standards located in Chapter 749.Â