The following health care-related proposed rule changes and emergency rules have been highlighted from the most recent version of the Texas Register.
Department of State Health Services Emergency Rules (ER)/Renewals
The Department of State Health Services is renewing the effectiveness of emergency new §133.51 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7085). Original effective date was September 25, 2020, expiration date is March 23, 2021.
The Department of State Health Services is renewing the effectiveness of emergency amended §135.2 and §135.26 for a 60-day period. The text of the emergency rule was originally published in the October 2, 2020, issue of the Texas Register (45 TexReg 6830). Original effective date was September 23, 2020 and expiration date is March 21, 2021.
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 448, Standard of Care, an amendment to §448.603, concerning Training, to expand a licensed chemical dependency treatment facility’s (CDTF) ability to provide staff training on abuse, neglect, and exploitation and nonviolent crisis intervention through live, interactive, instructor-led, electronic means, using synchronous audiovisual interaction, in response to COVID-19. As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Effective date was January 27, 2021, expiration will be May 26, 2021
Changes in statute are in quotes:
- 448.603.Training/Abuse, Neglect, and Exploitation – All residential program personnel with any direct client contact shall receive eight hours of “live, interactive, instructor-led, electronic or face-to-face “abuse, neglect, and exploitation” training “as described in Figure: 40 TAC §148.603(d)(1) which is attached hereto and incorporated herein as if set forth at length”
- 448.603.Training/Abuse, Neglect, and Exploitation – All outpatient program personnel with any direct client contact shall “receive[received]” two hours of “live, interactive, instructor-led, electronic or face-to-face” abuse, neglect and exploitation training
Health and Humans Services Commission Renewal and Adoptions
Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Texas Health and Safety Code §464.009 authorizes the Executive Commissioner of HHSC to adopt rules governing organization and structure, policies and procedures, staffing requirements, services, client rights, records, physical plant requirements, and standards for licensed CDTFs. This emergency amendment implements Texas Government Code §531.0055 and Texas Health and Safety Code §464.009. The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency’s legal authority to adopt. Effective date is January 26, 2021 and expiration date is May 26, 2021.
Changes in statute are in quotes:
- 448.603.Training/Nonviolent Crisis Intervention – The “live, interactive, instructor-led, electronic” or face-to-face training shall teach staff how to use verbal and other non-physical methods for prevention, early intervention, and crisis management
- Initial training shall be four hours in length
- Staff shall compete two hours of annual training thereafter
The Health and Human Services Commission is renewing the effectiveness of emergency new §500.2 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7086). Original effective date is October 1, 2020, expiration date is March 29, 2021. Filed with the Office of the Secretary of State on January 26, 2021.
The Health and Human Services Commission is renewing the effectiveness of emergency new §500.20 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7087). Original effective date is September 30, 2020, expiration date is March 28, 2021. Filed with the Office of the Secretary of State on January 26, 2021.
The Health and Human Services Commission is renewing the effectiveness of emergency new §510.48 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7088). Original effective date September 25, 2020, expiration date is March 23, 2021. Filed with the Office of the Secretary of State on January 21, 2021.
The Health and Human Services Commission is renewing the effectiveness of emergency new §550.213 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7089). Original effective date September 30, 2020, expiration date March 28, 2021. Filed with the Office of the Secretary of State on January 26, 2021.
The Health and Human Services Commission is renewing the effectiveness of emergency new §558.960 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7090). Original effective date September 30, 2020, expiration date March 28, 2021. Filed with the Office of the Secretary of State on January 26, 2021.
Intellectual Disability Services—Medicaid State Operating Agency Responsibilities Renewals/ER
The Department of Aging and Disability Services is renewing the effectiveness of emergency new §9.198 and §9.199 for a 60-day period. The text of the emergency rules was originally published in the October, 2, 2020, issue of the Texas Register (45 TexReg 6849). Original effective date is September 24, 2020, expiration date March 22, 2021. Filed with the Office of the Secretary of State on January 19, 2020.
The Department of State Health Services is renewing the effectiveness of emergency new §9.597 for a 60-day period. The text of the emergency rule was originally published in the October 2, 2020, issue of the Texas Register (45 TexReg 6854). Original effective date is September 24, 2020, expiration date is March 22, 2021.
The Department of Aging and Disability Services is renewing the effectiveness of emergency new §19.2803 for a 60-day period. The text of the emergency rule was originally published in the October 2, 2020, issue of the Texas Register (45 TexReg 6856). Original effective date is September 24, 2020, expiration date is March 22, 2021. Filed with the Office of the Secretary of State on January 21, 2020.
The Department of Aging and Disability Services is renewing the effectiveness of emergency new §98.65 for a 60-day period. The text of the emergency rule was originally published in the October 9, 2020, issue of the Texas Register (45 TexReg 7096). Original effective date is September 30, 2020, expiration date is March 28, 2021. Filed with the Office of the Secretary of State on January 26, 2020.
Department of State Health Services Proposal
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §§40.11 – 40.18, concerning Epinephrine Auto-Injector Policies in Certain Entities, and new §§40.21 – 40.28, concerning Epinephrine Auto-Injector Policies in Youth Facilities. New §40.17 and §40.27 are adopted with changes to the proposed text as published in the October 16, 2020, issue of the Texas Register (45 TexReg 7382). New §§40.11 – 40.16 and 40.18 and new §§40.21 – 40.26 and 40.28 are adopted without changes to the proposed text as published in the October 16, 2020, issue of the Texas Register (45 TexReg 7382), and therefore will not be republished. DSHS convened the Stock Epinephrine Advisory Committee (SEAC) to request recommendations on how to integrate evidence-based practices in the rules while allowing flexibility for the entities and youth facilities. The SEAC recommended stocking at least one adult epinephrine auto-injector pack, the required training to implement the rules, and the requirement to report the administration of an epinephrine auto-injector to DSHS within 10 business days after the administration of an epinephrine auto-injector. Comment section includes comments and responses regarding proposed rules from seven commenters with 3 organizations and 4 individuals. Proposal publication date was October 16, 2020, effective date is February 9, 2021.
Proposals in the “Report on Administering Unassigned Epinephrine Auto-Injectors” Texas Government Code are listed below:
- 40.17.Report on Administering Unassigned Epinephrine Auto-Injectors (a)- The venue that adopts a policy for administering unassigned epinephrine auto-injectors shall submit a report no later than the 10th business day after the date an epinephrine auto-injection is administered, in accordance with the unassigned epinephrine auto-injector policy adopted under this subchapter
- 40.17.Report on Administering Unassigned Epinephrine Auto-Injectors (b)- Notifications to the commissioner of DSHS shall be submitted on the designated electronic form available on the DSHS School Health Program website, available at dshs.texas.gov with the unassigned epinephrine auto-injector policy adopted under this subchapter
- 40.27.Report on Administering Unassigned Epinephrine Auto-Injectors (a)- The youth facility (facility) shall submit a report no later than the 10th business day after the date facility personnel administer an unassigned epinephrine auto-injector. The report shall be submitted to the owner of the facility, the prescribing authorized healthcare provider, and the Department of State Health Services (DSHS)
- 40.27.Report on Administering Unassigned Epinephrine Auto-Injectors (b)- Notifications to DSHS shall be submitted on the designated electronic form available on DSHS’s School Health Program website found at dshs.texas.gov.