Texas Health and Human Services Commission
Title 1, Part 15
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:
Chapter 353, Medicaid Managed Care
Subchapter A General Provisions
Subchapter B Provider and Member Education Programs
Subchapter C Member Bill of Rights and Responsibilities
Subchapter E Standards for Medicaid Managed Care
Subchapter F Special Investigative Units
Subchapter G STAR+PLUS
Subchapter H STAR Health
Subchapter I STAR
Subchapter J Outpatient Pharmacy Services
Subchapter K Children's Medicaid Dental Services
Subchapter L Texas Dual Eligibles Integrated Care Demonstration Project
Subchapter M Home and Community Based Services In Managed Care
Subchapter N STAR Kids
Subchapter O Delivery System and Provider Payment Initiatives
Subchapter P Mental Health Targeted Case Management And Mental Health Rehabilitation
Subchapter Q Process to Recoup Certain Overpayments
Subchapter R Telecommunications in Managed Care Service Coordination and Assessments
This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.
Comments on the review of Chapter 353, Medicaid Managed Care, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 353" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.
The text of the chapter being reviewed will not be published, but may be found in Title 1, Part 15, of the Texas Administrative Code on the Secretary of State’s website at State Rules and Open Meetings (texas.gov).
TRD-202304990
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: December 27, 2023
Title 26, Part 1
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification
Subchapter A Basis and Scope
Subchapter B Definitions
Subchapter C Nursing Facility Licensure Application Process
Subchapter D Facility Construction
Subchapter E Resident Rights
Subchapter F Admission, Transfer, And Discharge Rights in Medicaid- Certified Facilities
Subchapter G Freedom from Abuse, Neglect, And Exploitation
Subchapter H Quality of Life
Subchapter I Resident Assessment
Subchapter J Quality of Care
Subchapter K Nursing Services
Subchapter L Food and Nutrition Services
Subchapter M Physician Services
Subchapter N Rehabilitative Services
Subchapter O Dental Services
Subchapter P Pharmacy Services
Subchapter Q Infection Control
Subchapter R Physical Plant and Environment
Subchapter T Administration
Subchapter U Inspections, Surveys, And Visits
Subchapter V Enforcement
Subchapter W Certification of Facilities for Care of Persons with Alzheimer's Disease and Related Disorders
Subchapter X Requirements for Medicaid-Certified Facilities
Subchapter Y Medical Necessity Determinations
Subchapter AA Vendor Payment
Subchapter BB Nursing Facility Responsibilities Related to Preadmission Screening and Resident Review (PASRR)
This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.
Comments on the review of Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 554" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.
The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (texas.gov).
TRD-202400031
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: January 3, 2024
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 744, Minimum Standards for School-Age and Before or After-School Programs
Subchapter A Purpose, Scope, and Definitions
Subchapter B Administration and Communication
Subchapter C Record Keeping
Subchapter D Personnel
Subchapter E Child/Caregiver Ratios and Group Sizes
Subchapter F Developmental Activities and Equipment
Subchapter G Discipline and Guidance
Subchapter H Naptime
Subchapter I Field Trips
Subchapter J Nutrition and Food Service
Subchapter K Health Practices
Subchapter L Safety Practices
Subchapter M Physical Facilities
Subchapter N Indoor and Outdoor Active Play Space and Equipment
Subchapter O Swimming Pools, Wading/Splashing Pools, and Sprinkler Play
Subchapter P Fire Safety and Emergency Practices
Subchapter Q Transportation
This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.
Comments on the review of Chapter 744, Minimum Standards for School-Age and Before or After-School Programs, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 744" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.
The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (texas.gov).
TRD-202304999
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: December 28, 2023
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter A Purpose, Scope, and Definitions
Subchapter B Administration and Communication
Subchapter C Record Keeping
Subchapter D Personnel
Subchapter E Child/Caregiver Ratios and Group Sizes
Subchapter F Developmental Activities and Activity Plan
Subchapter H Basic Care Requirements for Infants
Subchapter I Basic Care Requirements for Toddlers
Subchapter J Basic Care Requirements for Pre-Kindergarten Age Children
Subchapter K Basic Care Requirements for School-Age Children
Subchapter L Discipline and Guidance
Subchapter M Naptime
Subchapter N Field Trips
Subchapter O Get-Well Care Programs
Subchapter P Nighttime Care
Subchapter Q Nutrition and Food Service
Subchapter R Health Practices
Subchapter S Safety Practices
Subchapter T Physical Facilities
Subchapter U Indoor and Outdoor Active Play Space And Equipment
Subchapter V Swimming Pools, Wading/Splashing Pools, And Sprinkler Play
Subchapter W Fire Safety and Emergency Practices
Subchapter X Transportation
This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.
Comments on the review of Chapter 746, Minimum Standards for Child-Care Centers, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 746" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.
The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1 of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (texas.gov).
TRD-202305000
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: December 28, 2023
Health and Human Services Commission
Title 26, Part 1
The Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:
Chapter 87, Ombudsman Services
Subchapter A Office of the Ombudsman
Subchapter B Ombudsman Managed Care Assistance
Subchapter C Ombudsman for Children and Youth in Foster Care
Subchapter D Ombudsman for Behavioral Health
Subchapter E Intellectual or Developmental Disability Ombudsman
Notice of the review of this chapter was published in the November 3, 2023, issue of the Texas Register (48 TexReg 6396). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 87 in accordance with §2001.039 of the Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 87. Any amendments or repeals to Chapter 87 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 26 TAC Chapter 87 as required by the Government Code, §2001.039.
TRD-202304993
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: December 27, 2023
The Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:
Chapter 357, Independent Living Services
Subchapter A General Rules
Subchapter B Allocation of Funds
Subchapter C Independent Living Services
Subchapter D Consumer Participation
Subchapter E Consumer Rights
Subchapter F Technical Assistance and Training
Subchapter G Referrals
Notice of the review of this chapter was published in the November 3, 2023, issue of the Texas Register (48 TexReg 6471). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 357 in accordance with §2001.039 of the Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 357. Any amendments or repeals to Chapter 357 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 26 TAC Chapter 357 as required by the Government Code, §2001.039.
TRD-202304992
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: December 27, 2023
Title 28, Part 6
The Office of Injured Employee Counsel (OIEC) will readopt all sections and subchapters of Chapter 276 of Title 28, Part 6, of the Texas Administrative Code, pursuant to the Administrative Procedure Act, Texas Government Code §2001.039. The notice of intention to review Chapter 276 was published in the Texas Register on November 17, 2023, (48 TexReg 6752). APA §2001.039 requires that each state agency review its rules every four years and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Texas Government Code, Chapter 2001. Such reviews must include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rules continues to exist. OIEC has completed the review of the rules in Chapter 276 pursuant to APA §2001.039 and finds that the reasons for adopting the rules in Chapter 276 continue to exist.
OIEC requested comments on whether the reasons for adopting the rules in Chapter 276 continue to exist. OIEC received no comments.
This concludes the review of Chapter 276.
TRD-202304989
Robert Rucker
General Counsel
Office of Injured Employee Counsel
Filed: December 27, 2023