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Below is a spotlight on proposed, withdrawn, and adopted rules from the September 1 and September 8 editions of the Texas Register.

Education

Texas Education Agency

Proposed Rules

Adopted Rules

  • CHAPTER 127. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR CAREER DEVELOPMENT AND CAREER AND TECHNICAL EDUCATION The State Board of Education adopts new sections, concerning Texas Essential Knowledge and Skills for career development and career and technical education. The new section is adopted with changes to the proposed text as published in the May 12, 2023 issue of the Texas Register and will be republished. The new section establishes a set of standards to be imbedded within each CTE principles course. The public comment period began May 12, 2023, and ended at 5:00 p.m. on June 16, 2023. Earliest possible date of adoption: October 1, 2023.

 

Health Care

Texas Health and Human Services Commission

Proposed Rules

  • CHAPTER 353. MEDICAID MANAGED CARE SUBCHAPTER E. STANDARDS FOR MEDICAID MANAGED CARE. The Executive Commissioner of the Texas Health and Human Services Commission proposes new sections concerning MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation and concerning Accessibility of Information Regarding Medicaid Prior Authorization Requirements Standards for Medicaid Managed Care. Earliest possible date of adoption: October 8, 2023.
  • CHAPTER 354. MEDICAID HEALTH SERVICES SUBCHAPTER O. ELECTRONIC VISIT VERIFICATION. In accordance with the Social Security Act, HHSC requires that electronic visit verification be used to document the provision of certain personal care services provided through Medicaid. One purpose of the proposed rules is to ensure that HHSC complies with the requirement that EVV be used to document the provision of Medicaid home health care services. Although a section requires the use of EVV for Medicaid home health services to have begun January 1, 2023, the Centers for Medicare & Medicaid Services granted HHSC an extension allowing HHSC to implement this requirement by January 1, 2024. Earliest possible date of adoption: October 8, 2023.
  • PART 1. HEALTH AND HUMAN SERVICES COMMISSION CHAPTER 555. NURSING FACILITY ADMINISTRATORS. The purpose of the proposal is to clarify requirements and provide additional options to qualify for nursing facility administrator licensure. The proposal updates definitions and associated references for consistency with changes made by the National Association of Long Term Care Administrator Boards, regarding both educational domains for testing and the company conducting the NAB examination. The proposal also adds an additional option for persons to qualify for licensure, and a greater degree of flexibility for the administrator-in-training internship. Other non-substantive changes are for clarification. Earliest possible date of adoption: October 8, 2023.
  • CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES. The rule changes implement Senate Bill 1896 87(R). The bill amended Texas Human Resources Code (HRC) to add §42.0538, which requires HHSC Child Care Regulation to establish standards to allow a Child-Placing Agency to issue a provisional foster home verification to a kinship provider who meets basic health and safety requirements identified in CCR rules. This statute cross-references Texas Family Code for the definition of “kinship provider.” This statute also requires CCR to establish the timeframe by which a foster home with a provisional kinship verification must meet all the requirements for a non-expiring verification. Accordingly, CCR is proposing rules that specify the requirements associated with the provisional verification of a kinship foster home. Earliest possible date of adoption: October 8, 2023.

Adopted Rules

  • CHAPTER 355. REIMBURSEMENT RATES SUBCHAPTER A. COST DETERMINATION PROCESS. Texas Human Resources Code requires the Texas Department of Family and Protective Services and HHSC to “enter into contracts for the provision of shared administrative services, including…rate setting.” As part of these rate-setting activities, HHSC collects annual cost reports from program providers in the 24-Hour Residential Child Care program and uses the data to calculate and recommend payment rates to DFPS. DFPS currently reimburses providers through two payment models: the legacy system and Community-Based Care. Under the legacy system, DFPS pays 24RCC providers a payment rate for each day of care provided. Under CBC, DFPS contracts with a Single Source Continuum Contractor, which is responsible for finding foster homes or other living arrangements for children in state care and providing them with a full continuum of services. SSCCs subcontract with residential childcare providers to provide residential foster care in their catchment areas. The 21-day comment period ended August 11, 2023. Proposal publication date: July 21, 2023. Effective date: September 10, 2023.
  • CHAPTER 746. MINIMUM STANDARDS FOR CHILD-CARE CENTERS SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION DIVISION 1. PERMIT HOLDER RESPONSIBILITIES. The adopted rule updates a reference to Texas Family Code to correct a typographical error. While the reference was accurately referenced in the proposed version of the rule as published in the September 23, 2022, issue of the Texas Register (47 TexReg 6102), the reference in the recently adopted rule was incorrect in that it referenced Texas Family Code. The adopted rule corrects the reference. The 31-day comment period ended July 17, 2023. Proposal publication date: June 16, 2023. Effective date: September 11, 2023.

Texas Department of State Health Services

Proposed Rules

  • CHAPTER 228. RETAIL FOOD ESTABLISHMENTS SUBCHAPTER B. MANAGEMENT AND PERSONNEL. The purpose of the proposal is to comply with Senate Bill 812 88(R) which amends the Texas Health and Safety Code to add requirement for retail food establishments to display a poster relating to food allergen awareness in an area of the establishment regularly accessible to the establishment’s food service employees. Earliest possible date of adoption: October 8, 2023.

 

Environment

Railroad Commission of Texas

Adopted Rule

  • CHAPTER 5. CARBON DIOXIDE (CO2). The Commission adopts the amendments to ensure that the rules are as stringent as the requirements of the U.S. Environmental Protection Agency to support the Commission’s application to EPA for enforcement primacy for the federal Class VI Underground Injection Control program.