Below is a spotlight on the emergency, proposed, and adopted rules in the December 9 edition of the Texas Register.
Education
Adopted Rules
TEXAS EDUCATION AGENCY
- TEA adopts an amendment to concerning passing standards for educator certification examinations. The adopted amendment would specify the satisfactory scores for the Languages Other Than English: Spanish educator certification examination on or after January 9, 2023. The passing standards were established by subject-matter expert stakeholder committee groups. The amendment is adopted without changes to the proposed text as published in the September 9, 2022 issue of the Texas Register. The effective date of this rule is December 12, 2022.
Health Care
HEALTH AND HUMAN SERVICES COMMISSION
Emergency Rules
COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING (26 TAC §500.4)
- The Health and Human Services Commission is renewing the effectiveness of emergency rule for a 60-day period. The text of the emergency rule was originally published in the August 5, 2022, issue of the Texas Register. The rule states HHSC adopts an emergency rule in response to COVID-19 in order to permit a licensed hospital to participate in the Centers for Medicare & Medicaid Services Acute Hospital Care at Home Program to expand hospital capacity. Expiration date for this emergency rule is January 28, 2023.
Proposed Rules
- HHSC proposes amendments concerning Eligible Group, Application Requirements, and Processing. Proposal aims to update rules related to the application process for Medicaid for Breast and Cervical Cancer . The proposed amendments include updates to reference current statute, program titles, and clarification of the role of HHSC. The proposed amendments are also necessary to reflect the transition of authority from the Texas Department of State Health Services (DSHS) to HHSC and other non-substantive administrative updates. Earliest possible date of adoption is January 8, 2023.
INFORMAL DISPUTE RESOLUTION AND INFORMAL RECONSIDERATION (1 TAC §393.3)
- HHSC proposes amendments concerning Informal Dispute Resolution for Texas Home Living and Home and Community-Based Service providers. The proposal aims to ensure the Informal Dispute Resolution rule aligns with current regulatory processes. HB 2590 85(R) required HHSC to develop and contract IDR services for HCS and TxHmL providers. Since adoption, regulatory processes were modified for HCS and TxHmL providers and some of the changes impacted the IDR process. Earliest possible date of adoption is January 8, 2023.
- HHSC proposes amendments to the Children’s Mental Health -Residential Treatment Center Project. The proposal aims to implement the relinquishment avoidance program which provides beds in residential treatment center facilities to prevent the relinquishment of parental conservatorship to the Texas Department of Family and Protective Services solely to obtain mental health services for a child with a serious emotional disturbance. The new rules govern the use of relinquishment prevention beds through the RTC Project and the provision of RTC Project services necessary to address the interrelated roles and responsibilities of HHSC, DFPS, local mental health authorities, local behavioral health authorities, and contracted RTCs. Earliest possible date of adoption is January 8, 2023.
- HHSC proposes amendments concerning Federal Authorization and Requirements, Providers, Client Eligibility Requirements, Screening Requirements, Follow-up and Case Management Requirements, Payment for Services, and Client Fees. The proposal aims to update rules related to program services for the Breast and Cervical Cancer Services program. The proposed amendments include updates to reflect current clinical recommendations, statutes, and program titles, and to clarify the roles of BCCS contractors and HHSC staff. The proposed amendments aim to reflect the transition of authority from the Texas Department of State Health Services to HHSC and other non-substantive administrative updates. Earliest possible date of adoption is January 8, 2023.
LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (26 TAC §550)
- HHSC proposes amendments concerning Licensing Standards for Prescribed Pediatric Extended Care Centers, Definitions, Nursing Director and Alternate Nursing Director Qualifications and Conditions, Transportation and Safety Conditions, and Food Preparation. The proposal aims to update licensing standards for Prescribed Pediatric Extended Care Centers. The proposed amendments add a definition for the term “premises” and update nursing degree requirements for the nursing director and alternate nursing director and staffing ratio requirements. The proposed amendments also update outdated references to Texas Food Establishment rules, correct rule references that became outdated as a result of the administrative transfer of rules, and reflect the transfer of functions from the Texas Department of Aging and Disability Services to HHSC. Earliest possible date of adoption is January 8, 2023.
DEPARTMENT OF STATE HEALTH SERVICES
Proposed Rules
CANCER REGISTRY (25 TAC §91.11, §91.12)
- HHSC, on behalf of the Department of State Health Services, proposes amendments concerning Requests for Statistical Cancer Data and Requests/Release of Confidential Cancer Data. The proposal aims to amend the Texas Cancer Registry data request rules that will support compliance with federal requirements and allow greater flexibility for researchers. 45 Code of Federal Regulations requires research institutions to use a single Institutional Review Board for federally supported research involving more than one institution. However, current language requires researchers to obtain approval from the DSHS IRB, regardless of whether the project involves multiple institutions, resulting in researchers needing multiple IRB approvals for certain projects. Earliest possible date of adoption is January 8, 2023.
TOBACCO (25 TAC §§101.1 – 101.4, 101.7, 101.10 and 25 TAC §101.5, §101.6)
- HHSC, on behalf of the Department of State Health Services, proposes amendments concerning General Requirements for Annual Reports by Manufacturers, Ingredient Reporting Requirements, Security of Report Information and Public Information. Additionally, HHSC is proposing the repeal of sections concerning Cigarette Nicotine Yield Rating Reporting Requirements, Tobacco Products-Excluding Cigars, Nicotine Reporting Requirements. The proposed repeal of aims to implement SB 970 87(R) which removed the requirement for tobacco manufacturers to report nicotine yield ratings to DSHS. The proposed amendments remove definitions and requirements no longer needed. Earliest possible date of adoption is January 8, 2023.