PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 131. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Title 25, Part 1, Chapter 131, concerning Freestanding Emergency Medical Care Facilities, the repeal of Subchapter A, concerning General Provisions, Subchapter B, concerning Licensing Requirements, Subchapter C, concerning Operational Requirements, Subchapter D, concerning Inspection and Investigation Procedures, and Subchapter E, concerning Enforcement. The repealed subchapters consist of §§131.1, 131.2, 131.21 - 131.31, 131.41 - 131.68, 131.81, 131.82, and 131.101 - 131.109.
BACKGROUND AND PURPOSE
The purpose of this proposal is to repeal the rules in Chapter 131, Freestanding Emergency Medical Care Facilities, Subchapters A - E, and propose new rules in Title 26, Part 1, Chapter 509, Freestanding Emergency Medical Care Facilities. A previous version of this repeal was proposed in the January 22, 2021, issue of the Texas Register (46 TexReg 517) and expired without being adopted. This version of the proposed repeal takes into account comments HHSC received during the previous public comment period, and the public will have another 31-day period to comment on this version of the proposed repeal.
The new rules for Title 26, Chapter 509 are proposed elsewhere in this issue of the Texas Register and are substantially the same with the rules proposed for repeal.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Title 25, Chapter 131, Subchapters A - E, allows similar rules to be proposed as new rules in Title 26, Chapter 509.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the proposed repealed rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will affect fees paid to HHSC;
(5) the proposed rules will create new rules;
(6) the proposed rules will expand and repeal existing rules;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there may be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the proposal, as they will not be required to alter their current business practices. In addition, the proposal does not impose any additional costs on those required to comply with the rules.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas.
PUBLIC BENEFIT AND COSTS
Stephen Pahl, Deputy Executive Commissioner for Regulatory Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be clearer and more accurate information regarding Freestanding Emergency Medical Care Facilities.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals, as they will not be required to alter their current business practices.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments to the proposal may be submitted to the Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HCR_PRU@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R024" in the subject line.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and to implement the Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code, Chapter 254.
§131.1.Purpose.
§131.2.Definitions.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2023.
TRD-202302364
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and to implement the Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code, Chapter 254.
§131.21.General.
§131.22.Classifications of Facilities.
§131.23.Exemptions from Licensure.
§131.24.Unlicensed Facilities.
§131.25.Application and Issuance of Initial License.
§131.26.Application and Issuance of Renewal License.
§131.27.Inactive Status and Closure.
§131.28.Change of Ownership.
§131.29.Conditions of Licensure.
§131.30.Time Periods for Processing and Issuing Licenses.
§131.31.Fees.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2023.
TRD-202302365
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and to implement the Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code, Chapter 254.
§131.41.Operational Standards.
§131.42.Administration.
§131.43.Medical Director.
§131.44.Medical Staff.
§131.45.Facility Staffing and Training.
§131.46.Emergency Services.
§131.47.Anesthesia.
§131.48.Laboratory and Pathology Services.
§131.49.Pharmaceutical Services.
§131.50.Radiology.
§131.51.Respiratory Services.
§131.52.Surgical Services within the Scope of the Practice of Emergency Medicine.
§131.53.Medical Records.
§131.54Infection Control.
§131.55.Sanitary Conditions and Hygienic Practices.
§131.56.Sterilization.
§131.57.Linen and Laundry Services.
§131.58.Waste and Waste Disposal.
§131.59.Patient Rights.
§131.60.Abuse and Neglect.
§131.61.Reporting Requirements.
§131.62.Complaints.
§131.63.Patient Safety Program.
§131.64.Quality Assessment and Performance Improvement.
§131.65.Disaster Preparedness/Emergency and Contingency Planning.
§131.66.Patient Transfer Policy.
§131.67Patient Transfer Agreements.
§131.68.Miscellaneous Policies and Protocol.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2023.
TRD-202302366
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and to implement the Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code, Chapter 254.
§131.81.Inspection and Investigation Procedures.
§131.82.Complaint Against a Department Surveyor.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2023.
TRD-202302367
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and to implement the Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code, Chapter 254.
§131.101.Enforcement Actions.
§131.102.Denial of a License.
§131.103.Suspension; Revocation.
§131.104.Emergency Suspension.
§131.105.Probation.
§131.106.Injunction.
§131.107.Criminal Penalty.
§131.108.Administrative Penalty.
§131.109.Payment and Collection of Administrative Penalty; Judicial Review.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2023.
TRD-202302368
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 834-4591