Below is a spotlight on the emergency, proposed, and adopted rules in the November 11 edition of the Texas Register.

Education

TEXAS HIGHER EDUCATION COORDINATING BOARD

Proposed

  • ACADEMIC AND WORKFORCE EDUCATION -19 TAC §§2.50 – 2.58, 2.70 – 2.74
    • The Coordinating Board proposes new rules to the TAC concerning academic associate degrees, specifically regarding the Coordinating Board’s ongoing project to revise program approval processes in rule. The proposed amendments include a new subchapter that covers academic associate degrees, which are associate degrees intended to prepare graduates for study at the bachelor’s degree level, as well as establishing definitions for terms referenced in the rules. The proposed subchapter will become effective for academic associate degree proposals with required Planning Notifications submitted on or after June 1, 2023, with the exception of embedded associate degrees, which will take effect immediately upon adoption of the rule. In a future rulemaking the Coordinating Board intends to address applied associate degrees, which prepare students for direct entry into the workforce, as well as repeal current rules relating to academic associate degrees. The earliest date of adoption for these amendments is December 11, 2022.
  • RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS – 19 TAC §4.32
    • The Coordinating Board proposes amendments regarding Field of Study curricula, specifically intending to increase the current 18 semester credit hours (SCH) to twenty SCH to provide more flexibility in the SCH required for Directed Electives. The proposed amendment supports the implementation of the Texas Transfer Framework’s Field of Study Curriculum by allowing 20 SCH for Discipline Foundational Courses and Directed Electives. Due to some disciplines having 4 SCH courses which are typically in science-based courses, it is not possible to meet the 6 SCH requirement for Directed Electives in existing rule. Public comment can be submitted up to 30 days after this publication of the Texas Register. The earliest possible date of adoption is December 11, 2022.

Adopted

  • AGENCY ADMINISTRATION – 19 TAC §1.130
    • The Coordinating Board adopts amendments related to the Apply Texas Advisory Committee. The amendments are adopted without changes to the proposed text as published in the July 22, 2022, issue of the Texas Register. The adopted amendments change the number of representatives from public community, technical, or state colleges with enrollment between 10,000 – 15,999 students from four to three and adds one school district representative to the advisory committee. No comments were received during the comment period. The effective date of these amendments is November 16, 2022.
  • RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS – 19 TAC §§4.230 – 4.233, 4.236, 4.237
    • The Coordinating Board adopts amendments to the Open Educational Resources Grant Program. The amendments are adopted without changes to the proposed text as published in the July 22, 2022 issue of the Texas Register. The adopted amendments substitute institutions of higher education as grantees in lieu of individual faculty members in the current rule. This amendment facilitates the administration of the grant program by Coordinating Board staff and removes undue burden of grant administration for individual faculty members by having an institution of higher education serve as the fiscal home for grants. No comments were received during the comment period. The effective date for these amendments is November 16, 2022.
  • STUDENT FINANCIAL AID PROGRAMS – 19 TAC §22.2
    • The Coordinating Board adopts amendments regarding General Provisions. The amendments are adopted without changes to the proposed text as published in the July 22, 2022, issue of the Texas Register. The adopted amendment modifies paragraphs to integrate the work-study disbursement process and removes a paragraph that is no longer necessary.  These changes to the administrative rule are necessary to implement the amended allocation methodology for the Texas College Work-Study Program and the Work-Study Student Mentorship Program. No comments were received regarding the adoption of the amendments. The effective date of these amendments is November 16, 2022.
  • EDUCATION LOAN REPAYMENT PROGRAMS – 19 TAC §§23.94 – 23.96, 23.98
    • The Coordinating Board adopts amendments to the Loan Repayment Program for Mental Health Professionals. The amendments are adopted without changes to the proposed text as published in the July 22, 2022 issue of the Texas Register. The adopted amendments remove unnecessary references to the Health Resources and Services (HRSA) federal State Loan Program (SLRP). No comments were received during the comment period. The effective date for these amendments is November 16, 2022.

TEXAS EDUCATION AGENCY

Proposed

  • SCHOOL DISTRICTS – 19 TAC §61.1031
    • The TEA proposes a new rule concerning school safety requirements. The proposed new rule would require that all public school system instructional facilities have access points that are secured by design, maintained to operate as intended, and appropriately monitored. The rule would require that standards outlined in the rule apply to all public school instructional facilities, define specific standards for exterior doors and primary entrances, and establish the components for a communication infrastructure required across all public school instructional facilities. Additionally, the proposed rule includes necessary certification of compliance of the outlined requirements from school systems, and establishes that any and all non-compliance would be reported to the school system’s safety and security committee, school system board, and Texas School Safety Center. The earliest possible date of adoption is November 16, 2022. Further information can be found here.

Health Care

DEPARTMENT OF STATE HEALTH SERVICES

Adopted

  • TEXAS HIV MEDICATION PROGRAM – TAC 25 §§98.1 – 98.13, 98.101 – 98.115, 98.117 – 98.119, §§98.101 – 98.107, 98.109
    • The Executive Commissioner of the HHSC, on behalf of the DSHS, adopts the repeal and addition of new rules regarding the Texas HAV Medication Program (THMP). These rules are adopted without changes to the proposed text as published in the June 10, 2022, issue of the Texas Register. DSHS Rider 26 requires DSHS notify providers and other relevant stakeholders at least 60 days before implementing any cost containment measures for the Texas HIV Medication Program. Therefore, DSHS will implement the repeal and adoption of these new rules on April 1, 2023. The adoption of the rules allows the THMP to comply with the findings and program improvement recommendations noted in the December 2019 program review conducted by the Health Resources and Services Administration (HRSA). During the comment period, DSHS received comments regarding the proposed rules from five commenters, including Gilead Sciences, Inc., Legacy Community Health, Texas Association of Community Health Centers, ViiV Healthcare, and Vivent Health. These comments and agency responses can be found by clicking the link to the proposed rule. The effective date for these amendments is November 17, 2022.

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Adopted

  • MEDICAID MANAGED CARE – 1 TAC §353.4, §353.7
    • The Executive Commissioner of the Texas HHSC adopts amendments concerning Managed Care Organization Requirements Concerning Out-of-Network Providers, and Continuity of Care with Out-of-Network Specialty Providers. These amendments are adopted without changes to the proposed text as published in the April 29, 2022, issue of the Texas Register. These adoptions implement amendments made to sections of SB 1648, which clarify that a member is not required to have primary health benefit plan coverage in addition to Medicaid coverage to utilize the specialty provider provision, as well as requiring an MCO to develop a simple, timely, and efficient process and make a good faith effort to negotiate a single-case agreement with a specialty provider. The amendments also provide that a single-case agreement with a specialty provider is not considered accessing an out-of-network provider for the purposes of Medicaid MCO network adequacy requirements. HHSC received comments regarding the proposed rules from 10 commenters, including Texas Medical Equipment Providers Association; Protect Texas Fragile Kids; EveryChild, Inc.; Texas Parent to Parent; Connect Pediatrics; MetroCare Home Medical Equipment; Disability Rights Texas; and three individuals. These comments and agency responses can be found by clicking the link to the proposed rule. The effective date for this amendment is November 15, 2022.

Natural Resources

TEXAS PARKS AND WILDLIFE DEPARTMENT

Withdrawn

  • CHRONIC WASTING DISEASE – 31 TAC §65.97
    • Proposed amendment §65.97, published in the April 22, 2022, issue of the Texas Register is withdrawn. The agency failed to adopt the proposal within six months of publication.