Below is a spotlight on the proposed, withdrawn, and adopted rules from the February 17th edition of the Texas Register.
Education
TEXAS EDUCATION AGENCY
Adopted Rules
- CURRICULUM REQUIREMENTS- 19 TAC §74.27 – The adopted amendment updates the rule to require that applicants for innovative courses must have piloted the proposed course in a Texas school prior to seeking approval. The effective date of adoption is February 26, 2023.
- TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SCIENCE- 19 TAC §112.41 – The adopted amendment updates the rule to move the implementation year for the TEKS for Biology, Chemistry, Integrated Physics and Chemistry, and Physics to the beginning of the 2024-2025 school year to align with the instructional materials timeline. The amendment also aligns with the implementation timeline for the kindergarten-Grade 8 science TEKS and the TEKS for all other high school science courses. The effective date of adoption is February 26, 2023.
- TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SOCIAL STUDIES- 19 TAC §113.10
19 TAC §§113.11 – 113.16, 19 TAC §113.17, 19 TAC §§113.18 – 113.20, 19 TAC §§113.31, 113.41 – 113.44 – The repealed and adopted amendments align with recent legislative requirements by updating the standards for kindergarten-Grade 8 and five high school courses: Economics with Emphasis on the Free Enterprise System and its Benefits, United States History Studies Since 1877, World History Studies, World Geography Studies, and United States Government. The effective date of adoption is August 1, 2024.
Health Care
HEALTH AND HUMAN SERVICES COMMISSION
Proposed Rules
- MEDICAID MANAGED CARE- 1 TAC §353.610 -The proposed rule requires HHSC to establish minimum performance standards for nursing facility providers seeking to participate in the STAR+PLUS Medicaid managed care program. Public comment period begins February 18, 2023 and ends March 20, 2023. The earliest possible date of adoption is March 19, 2023.
- HOME AND COMMUNITY-BASED (HCS) PROGRAM [AND COMMUNITY FIRST CHOICE (CFC)] CERTIFICATION STANDARDS- 26 TAC §565 -The proposed rules would describe the regulatory certification standards for HCS Medicaid waiver program providers. Public comment period February 18, 2023 and ends March 20, 2023. The earliest possible date of adoption is March 19, 2023.
Adopted Rules
- TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMS- RESOURCES 1 TAC §372.354, INTERVIEW 1 TAC §372.957 -The adopted rules align policy regarding the treatment of prepaid burial insurance policies and prepaid funeral plans for the Temporary Assistance for Needy Families program with recently changed resource policy under the Supplemental Nutrition Assistance Program. The effective date of adoption is February 26, 2023.
- DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES- 26 TAC §§260 -The adopted rules require program providers to submit a translation of non-English documentation submitted to HHSC to ensure that HHSC’s reviews of documentation are efficient. The effective date of adoption is February 26, 2023.
- MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS- DEFINITIONS 26 TAC §744 – The amendments comply with Texas Human Resources Code §42.042(b), which requires HHSC Child Care Regulation to conduct a comprehensive review of minimum standards at least once every six years. The effective date of adoption is March 1, 2023.
- MINIMUM STANDARDS FOR CHILD-CARE CENTERS- DEFINITIONS 26 TAC §746 – The amendments are necessary to comply with Texas Human Resources Code §42.042(b), which requires HHSC Child Care Regulation to conduct a comprehensive review of minimum standards at least once every six years. The effective date of adoption is March 1, 2023.
- MINIMUM STANDARDS FOR CHILD-CARE HOMES- DEFINITIONS 26 TAC §747 – The amendments aim to comply with Texas Human Resources Code §42.042(b), which requires HHSC Child Care Regulation to conduct a comprehensive review of minimum standards at least once every six years. The effective date of adoption is March 1, 2023.
DEPARTMENT OF STATE HEALTH SERVICES
Adopted Rules
- END STAGE RENAL DISEASE FACILITIES- 25 TAC §117.41, §117.45, 25 TAC §117.91 – The amendments implement SB 1876. The amendments aim to correct outdated information, improve readability, and update language to reflect the transition of regulatory authority from the Texas Department of State Health Services to HHSC. The effective date of adoption is February 21, 2023.
- HOSPITAL LICENSING– 25 TAC §133.53 – The new section implements Senate Bill SB 1137, 87th Legislature, which added HSC Chapter 327. The new rule also implements HHSC’s authority under SB 1137 to impose an administrative penalty on a hospital that violates HSC Chapter 327. The effective date of adoption is February 26, 2023.