PART 8. TEXAS JUDICIAL COUNCIL

CHAPTER 171. REPORTING REQUIREMENTS

1 TAC §171.9, §171.11

The Texas Judicial Council (Council) proposes amendments to 1 Texas Administrative Code §171.9, to comply with HB 1182's amendments to Texas Government Code § 71.035, concerning judicial statistics, enacted during the 88th Regular Session of the Texas Legislature (2023). The Council also proposes new rule §171.11 regarding the new performance measures reporting requirements for the Office of Court Administration (OCA), which is responsive to the amendments made to Texas Government Code § 72.083 by HB 2384. The instructions for complying with the new reporting requirements developed by OCA can be found on OCA's website at https://txcourts.gov/reporting-to-oca/district-county-court-level-reporting/.

Although the Council expects to adopt the rules by February of 2024, clerks will not be required to report the data required by the proposed rules until March 1, 2024, which will allow time to implement any required changes to their case management systems.

Background and Justification

HB 1182 requires that the Council gather monthly court activity statistics and case-level information on the amount and character of business transacted by each trial court in the state. For trial courts with counties with a population of at least one million, the Council must gather information including, but not limited to: (1) the number of cases assigned to the court; (2) the case clearance rate for the court; (3) the number of cases disposed of by the court; (4) the number of jury panels empaneled by the court; (5) the number of orders of continuance for an attorney before the court or by the court; (6) the number of pleas accepted by the court; (7) the number of cases tried by the judge of the court or before a jury; and (8) the number of cases tried before a visiting or associate judge of the court. The trial courts must provide the information in the form and manner prescribed by OCA, and OCA must publish the information for each court on OCA's website in a searchable format. For counties in excess of a population of one million, the court official for each court in the county must submit, to the appropriate county official, a copy of each required monthly report for publication on the county's public Internet website within a certain prescribed timeframe and in searchable format. HB 2384 requires that OCA annually report, as performance measures, the following information with respect to each district court, statutory county court, statutory probate court, and county court in Texas: (1) the court's clearance rate; (2) the average time a case is before the court from filing to disposition; and (3) the age of the court's active pending caseload.

Fiscal Impact on State and Local Government

Jennifer Henry, Chief Financial Officer of OCA, has determined that for each year of the first five-year period the new rules are in effect, there will be no fiscal implications for the state as a result of enforcing or administering the rules as proposed. There may be a cost to local governments to provide the data required by HB 1182 and HB 2384 due to modification of court case management systems or office processing changes needed to provide data by court; however, the fiscal impact cannot be determined because it will vary depending on a county's staff level and the capability of existing technology to process and report the additional data.

Local Employment Impact Statement

Jennifer Henry has determined that the proposed rules will not affect the local economy, so the Council is not required to prepare a local employment impact statement under Texas Government Code § 2001.022.

Public Benefit/Cost Note

Alejandra Pena, Director of Data and Research with OCA, has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of the new sections will be: (1) clarity in what is required by law for reporting case activity; and (2) information that more accurately reflects the workloads of each district court, statutory county court, statutory probate court, and county court in Texas that is more useful to state and local officials and other interested parties for judicial administration, policy making, and fiscal planning.

Probable Economic Costs to Persons Required to Comply with Proposal

Jennifer Henry has determined that for each year of the first five-year period the proposed rules are in effect, there may be an indeterminate fiscal impact to counties to comply with the new statutory requirements.

Fiscal Impact on Small Businesses, Micro Businesses, and Rural Communities

There will be no adverse effect on small businesses, micro businesses, or rural communities as a result of the proposed rules. Since the Council has determined that there is no adverse effect, the preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code § 2006.002, is not required.

One-for-one Requirement for Rules with Fiscal Impact

While the proposed rules may fiscally impact local governments, the impact is indeterminate and may vary from county to county. The proposed rules do not impose a cost on another state agency or special district.

Government Growth Impact Statement

Per Texas Government Code § 2001.0221, the Council provides the following government growth impact statement. For each year of the first give years the proposed rules are in effect, the Council has determined that:

The proposed rules do not create or eliminate a government program.

Implementation of the proposed rules do require the creation of new employee positions for OCA.

Implementation of the proposed rules do not require an increase or decrease in future legislative appropriations to OCA.

The proposed rules do not require an increase or decrease in fees paid to the OCA.

The proposed rules do create a new regulation by requiring Texas courts to submit additional reporting data to OCA.

The proposed rules do expand an existing regulation by requiring Texas courts to submit additional reporting data to OCA.

The proposed rules do not increase the number of individuals subject to the rules' applicability because the Council does not regulate individuals.

The proposed rules do not positively or adversely affect the state's economy.

Takings Impact Assessment

The Council has determined that no private real property interests are affected by the proposed rules, and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a takings impact assessment under Texas Government Code § 2001.043.

Environmental Rule Analysis

The Council has determined that the proposed rules are not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Council asserts the proposed rules are not a "major environmental rule," as defined by Texas Government Code § 2001.0225 and do not require the preparation of an environmental impact analysis.

Public Comment

Comments on the proposed rules and reporting instructions may be submitted to Alejandra Pena, Director of Data and Research, with OCA, at P.O. Box 12066, Austin, Texas 78711-2066 or electronically to Data.division@txcourts.gov.

Statutory Authority and Sections Affected

The proposed rules are proposed pursuant to: (1) Texas Government Code § 71.019, the Council's general rulemaking authority; (2) section 71.031 of the Government Code, the Council's authority to study the procedures and practices, work accomplished, and results of state courts and methods for their improvement; (3) the Council's authority under Texas Government Code § 71.033 to design methods for simplifying judicial procedure, expediting the transaction of judicial business, and correcting faults in or improving the administration of justice; and (4) Texas Government Code § 71.035, the Council's authority to gather judicial statistics. The proposed rules implement the changes to Texas Government Code § 71.035 by HB 1182 and to Texas Government Code § 72.083 by HB 2384.

§171.9.Other Reports Required from the Courts.

(a) Judicial Appointments and Fees. The clerk of each court shall submit a monthly report to OCA in the format prescribed by OCA. The report must:

(1) pursuant to Section 36.004 of the Government Code, list every appointment made for an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator and the compensation paid, if any. Appointments made by the court for positions exempted from reporting under Sec. 36.003, Tex. Gov't Code, are not required to be reported.

(2) The report shall include the case number and style, and the name of the judge and date of order approving compensation. The report is due no later than 15 days following the end of the month reported. If no appointments were made or fees were approved by the courts in the preceding month, the clerk shall file a report indicating that no appointments or payments were made in that month.

(b) Jury Charges and Sentences in Capital Cases. Pursuant to Section 72.087 of the Government Code, the judge or clerk of a court in which a capital case is heard must submit to OCA a written record of the case that includes the content of the trial court's charge to the jury and the sentence issued in the case. The information must be submitted no later than 30 days after the date of judgment of conviction or acquittal.

(c) Vexatious Litigants. Pursuant to Section 11.104 of the Civil Practice and Remedies Code, the clerk of each court shall submit to OCA within 30 days a copy of any order declaring a person a vexatious litigant and prohibiting the person from filing new litigation without the consent of the local administrative judge.

(d) Judicial Bypass. Pursuant to Section 33.003(l-1) of the Family Code, the district clerk or county clerk shall submit a report to OCA on a form prescribed by OCA the information required under Sec. 33.003(1-l) regarding a case in which a minor files an application for a court order authorizing the minor to consent to the performance of an abortion without notification and consent of a parent, managing conservator, or guardian.

(e) Court Security Incident. Pursuant to Article 102.017 of the Code of Criminal Procedure, the sheriff, constable or other law enforcement agency that provides security for a court is required to submit a report to OCA regarding any incident involving court security that occurs in or around a building housing a court for which the sheriff, constable, agency or entity provides security. The report is due no later than three business days after the date the incident occurred.

(f) Private Professional Guardians. Pursuant to Section 1104.306 of the Estates Code, the clerk of each county shall annually submit to the Judicial Branch Certification Commission the name and business address of each private professional guardian who has satisfied the registration requirements of Sec. 1104.303, Tex. Estates Code. The report is due no later than January 31 of each year.

(g) Writ of Attachment. Pursuant to Art. 2.212 of the Code of Criminal Procedure, not later than the 30th day after the court issues a writ of attachment, the clerk of a district, statutory county or county court shall report to OCA on a form prescribed by OCA the following regarding the issued writ of attachment:

(1) the date the attachment was issued;

(2) whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding;

(3) the names of the persons requesting and the judge issuing the attachment; and

(4) the statutory authority under which the attachment was issued.

(h) Regional Presiding Judges Report. Pursuant to Government Code Sec. 71.038, the presiding judges of the administrative judicial regions shall submit on a form approved by the Council information requested by the Council regarding the business transacted by the judges.

(i) Additional Reporting for Counties with a Population of 1 Million or More. Pursuant to Sec. 71.035 of the Government Code, for the reporting period beginning March 1, 2024, in addition to the other monthly reporting required under this chapter, the district and county clerks in counties with a population of 1 million or more as determined by the decennial census shall report to the OCA, in the form and manner prescribed by OCA, for each of the district and county courts the clerks support, the following:

(1) the number of cases assigned;

(2) the case clearance rate;

(3) the number of cases disposed;

(4) the number of jury panels empaneled;

(5) the number of orders of continuance for an attorney before the court or by the court;

(6) the number of pleas accepted;

(7) the number of cases tried by the judge of the court or before a jury; and

(8) the number of cases tried before a visiting or associate judge of the court.

§171.11.Annual Performance Measure Reporting.

(a) Pursuant to Sec. 72.083(b) of the Government Code, the district clerk and county clerk of each county who maintains the records for the district courts and county courts shall annually submit to OCA in the manner required by OCA the following activity for each district court, statutory county court, statutory probate court, and constitutional county court in the county:

(1) the court's clearance rate defined as the number of cases disposed of by a court divided by the number of cases added to the docket of the court;

(2) the average time a case is before the court from filing to disposition; and

(3) the age of the court's active pending caseload.

(b) The reporting time period for the first annual report due to OCA under this section must, at a minimum, include the information collected from March 1, 2024 through August 31, 2024.

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 November 10, 2023.

TRD-202304192

Maria Elena Ramon

General Counsel

Texas Judicial Council

Earliest possible date of adoption: December 24, 2023

For further information, please call: (512) 936-7553

CHAPTER 355. REIMBURSEMENT RATES

SUBCHAPTER I. REPORTING

1 TAC §355.7201

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §355.7201, concerning Novel Coronavirus (COVID-19) Fund Reporting.

BACKGROUND AND PURPOSE

The proposal is necessary to comply with the 2024-25 General Appropriations Act, House Bill (H.B.) 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 150), which requires that HHSC develop a report detailing the total value and uses of COVID-19-related Federal Funds, including Provider Relief Funds, provided directly to nursing facilities and hospitals contracting with HHSC since the beginning of the public health emergency.

The COVID-19 related Federal Funds include funds received under the Coronavirus Aid, Relief, and Economic Security Act, 15 U.S.C. §9001 et seq. (CARES Act); Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (CAA 2021); and the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (ARPA).

This section was originally adopted to comply with the 2022-23 General Appropriations Act, Senate Bill (S.B.) 1, 87th Legislature, Regular Session, 2021 (Article II, HHSC, Rider 143) and S.B. 809, 87th Legislature, Regular Session, 2021. The proposed amendment updates language to reflect the new requirements of Rider 150, and deletes language that reflects no-longer-applicable requirements of Rider 143 and S.B. 809. In accordance with Rider 150, the proposed amendment revises the frequency of reporting from monthly to semi-annually, and repeals the reporting requirement for health care institutions other than hospitals and nursing facilities. HHSC must also submit a report to the Office of the Governor, Legislative Budget Board, and any appropriate standing committee of the Legislature on December 1st and June 1st of each fiscal year. Appropriations in Strategy A.2.4, Nursing Facility Payments, for fiscal year 2025 are contingent on the submission of the reports due June 1, 2024. The required reporting for both the providers and HHSC is anticipated to terminate by August 31, 2025.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §355.7201(a) updates the requirement to collect and compile legislatively-required reports to be on a semi-annual basis rather than on a a monthly basis, and specifies that reports are collected from hospitals and nursing facilities.

The proposed amendment to §355.7201(b) adds new terms "authorized representative," "hospital," and "nursing facility." The proposed amendment deletes the term "health care institution" because nursing facilities and hospitals will be explicitly enumerated in this section as applicable. The paragraphs are renumbered to account for deletion and addition of definitions and punctuation edits are made for clarity.

The proposed amendment deletes current §355.7201(c). Nursing facilities and hospitals are the two remaining provider types that will still be subject to the reporting requirement, and this is reflected throughout this section.

The proposed amendment to current §355.7201(d) renumbers the subsection to subsection (c) and specifies that the reporting requirement applies to hospitals and nursing facilities only.

The proposed amendment to §355.7201 adds new subsection (d) which describes the option to designate an authorized representative for reporting purposes and the process for documenting the designation with HHSC.

The proposed amendment to §355.7201 adds new subsection (e) which provides options for reporting in a consolidated or individual manner for institutions depending on whether the facility did or did not receive funding during the reporting period.

The proposed amendment to current §355.7201(e) renumbers the subsection to subsection (f) and updates the frequency of reporting for health care institutions and the dates reports will be due to HHSC for semi-annual reporting.

The proposed amendment to current §355.7201(f) renumbers the subsection to subsection (g) and updates when HHSC will submit HHSC's legislatively-mandated reports based on the compiled reports submitted by the required institutions.

The proposed amendment to current §355.7201(g) renumbers the subsection to subsection (h) and updates the potential penalties for providers who fail to submit the required reports. The reference to the legislative mandate is updated and examples of other unique identifying numbers are added to paragraph (1). Paragraphs (2), (3) and paragraph (5) are deleted because the penalties described in these paragraphs no longer apply; current paragraph (4) is renumbered to paragraph (2). The subsection is updated to be consistent with other changes in this section.

The proposed amendment to current §355.7201(h) renumbers the subsection to subsection (i) and updates the date when the reporting requirement ends to August 31, 2025, or as specified by HHSC.

FISCAL NOTE

Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule 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 rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of HHSC employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to HHSC;

(5) the proposed rule will not create a new rule;

(6) the proposed rule will not expand, limit, or repeal existing rules;

(7) the proposed rule will not change the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that the proposal would not have an adverse economic effect on small businesses, micro-businesses, and rural communities.

The rule does not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rule.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.

PUBLIC BENEFIT AND COSTS

Victoria Grady, Director of Provider Finance, has determined that for each year of the first five years the rule is in effect, the public benefit will be a continued understanding of the type and amount of COVID-19 federal funds that have flowed to hospitals and nursing facilities, and reduced administrative burden for HHSC and providers due to the updated frequency of reporting from monthly to twice annually.

Trey Wood has also determined that for the first five years the rule is in effect, there would be no anticipated economic costs to persons who are required to comply with the proposed rule. The proposed amendment will require hospitals and nursing facilities to report semi-annually on federal COVID-19 funds received. The Public Health Emergency (PHE) ended in May 2023 so there will be minimal work to complete this reporting and HHSC anticipates there will be minimal funds received (if any) that will be reported.

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 on the proposal may be submitted to HHSC Provider Finance Department, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030, or by email to hhsc_rad_survey@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 23R079" in the subject line.

STATUTORY AUTHORITY

The proposed amendment is 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.; Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and Texas Government Code §531.021(b-1), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under the Texas Human Resources Code Chapter 32; 2024-25 General Appropriations Act, H.B. 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 150), which requires HHSC to establish procedures for hospitals and nursing facilities to report required information.

The proposed amendment affects Texas Government Code Chapter 531; Texas Human Resources Code Chapter 32; and 2024-25 General Appropriations Act, H.B. 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 150).

§355.7201.Novel Coronavirus (COVID-19) Fund Reporting.

(a) Introduction. The Texas Health and Human Services Commission (HHSC) collects semi-annual [monthly] reports from hospitals and nursing facilities [health care institutions] to compile legislatively-mandated reports. This section outlines the reporting requirements related to novel coronavirus (COVID-19) federal fund reporting. This section also describes the circumstances in which penalties and recoupments will be necessary for certain provider types for failure to submit required semi-annual [monthly] reports.

(b) Definitions. Unless the context clearly indicates otherwise, the following words and terms, when used in this section, are defined as follows.

(1) Authorized representative--An organization or person authorized to report on behalf of a hospital or nursing facility.

[(1) Health care institution--As defined by Civil Practice and Remedies Code §74.001.]

(2) HHSC--The Texas Health and Human Services Commission, or its designee.

(3) Hospital--A licensed public or private institution as defined in Chapter 241 of the Texas Health and Safety Code or licensed under Chapter 577 of the Texas Health and Safety Code.

(4) Nursing facility--A licensed public or private institution to which Chapter 242, Texas Health and Safety Code, applies.

[(c) Institutions required to complete monthly reports. Health care institutions that are required to submit monthly reports include:]

[(1) an ambulatory surgical center;]

[(2) an assisted living facility licensed under Texas Health and Safety Code Chapter 247;]

[(3) an emergency medical services provider;]

[(4) a health services district created under Texas Health and Safety Code Chapter 287;]

[(5) a home and community support services agency;]

[(6) a hospice;]

[(7) a hospital;]

[(8) a hospital system;]

[(9) an intermediate care facility for the mentally retarded or a home and community-based services waiver program for persons with mental retardation adopted in accordance with the Social Security Act §1915(c) (42 U.S.C. §1396n), as amended;]

[(10) a nursing home; and]

[(11) an end-stage renal disease facility licensed under Texas Health and Safety Code §251.011.]

(c) [(d)] Reporting requirements. Hospitals and nursing facilities are [A health care institution is] required to report COVID-19 related Federal Funds [on moneys] received, including funds under the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. §9001 et seq.), the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260), and the American Rescue Plan Act of 2021 (Pub. L. No. 117-2). HHSC may also request additional information related to direct or indirect costs associated with COVID that have impacted the provider's business operation and any other information HHSC deems necessary to appropriately contextualize the moneys received as described in this subsection. HHSC will collect information [and the requested data may vary by provider type] based on legislative direction.

(d) Designation of authorized representative. A hospital or nursing facility may designate an authorized representative to report on behalf of that hospital or nursing facility. A document, which may take the format of a consolidated list such as a spreadsheet, must be submitted to HHSC and must:

(1) identify that the institution has designated the authorized representative;

(2) identify all institutions that have designated the authorized representative to serve in that capacity; and

(3) contain the name of the representative of the institution that designated the authorized representative.

(e) Report submission and consolidation options. An authorized representative for a hospital or nursing facility may submit the required reports to HHSC in the following manner.

(1) For institutions that received no COVID-19 related Federal Funds during the reporting period, the authorized representative must submit a consolidated report for all institutions reflecting $0 received; or

(2) For institutions that received COVID-19 related Federal Funds during the reporting period, the authorized representative must submit an individual report for each institution that received funding.

(f) [(e)] Frequency of reporting.

(1) Submission of data will be required on a semi-annual [monthly] basis.

(2) The first semi-annual report [Initial reporting will begin on September 1, 2021, and] is due by March 1, 2024, and [October 1, 2021. The initial reporting period] will be for the period of September 1, 2023, through January 31, 2024. [January 31, 2020, through August 31, 2021. HHSC may choose to grant the provider an extension of up to 15 calendar days if the provider notifies HHSC that additional time is required to submit the initial report prior to the due date.]

(3) Subsequent semi-annual [monthly] reports will be due on September 1, 2024, and March 1, 2025. [by the first day of each month and will cover the time-period two months prior. For example, the report due November 1, 2021, will cover September 1, 2021 through September 30, 2021. HHSC may grant the provider an extension of no more than 15 calendar days if the provider notifies HHSC that more time is needed prior to the due date.]

(g) [(f)] HHSC legislatively-mandated reports. HHSC will compile reports based on submitted data and submit the reports on a semi-annual [quarterly] basis to the Governor, Legislative Budget Board, and any appropriate standing committee in the Legislature. Semi-annual [Quarterly] reports will be submitted June 1, 2024; December 1, 2024; and June 1, 2025. [beginning December 1, 2021, and continue March 1, June 1, and September 1 thereafter. Upon conclusion of the Public Health Emergency, the submission frequency may be reduced to semi-annually on December 1 and June 1 of each fiscal year.]

(h) [(g)] Penalties for failure to report. Specified providers are required to report information as requested on a semi-annual [monthly] basis to HHSC.

(1) A hospital[, hospital system,] or nursing facility that does not report the requested information will be identified by name, including a unique identifying number, such as a National Provider Identification number, Facility Identification Number, or License Number, in HHSC's legislatively-mandated reports.

[(2) Failure to report 2 or more times in a 12-month period will result in notification to the appropriate licensing authority who may take disciplinary action against a health care institution that violates this chapter as if the institution violated an applicable licensing law.]

[(3) Failure to report will result in the issuance of a vendor hold on future payments to the identified provider after 30 days following the due date of the required report. The vendor hold will be released after the health care institution has submitted all delinquent reports to HHSC.]

(2) [(4)] Appropriations in the 2024-25 General Appropriations Act, House Bill 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 150), Strategy A.2.4, Nursing Facility Payments, for fiscal year 2025 [2022-23 General Appropriations Act, Senate Bill (S.B.) 1, 87th Legislature, Regular Session, 2021 (Article II, HHSC) Strategy A.2.4, Nursing Facility Payments, for fiscal year 2023] are contingent on the submission of the report [reports] due June 1, 2024 [December 1, 2021, and June 1, 2022]. If HHSC is unable to utilize appropriations for nursing facilities from Strategy A.2.4 as a result of insufficient reporting from nursing facilities, HHSC will suspend all payments to nursing facilities until such a time as HHSC is authorized to continue making expenditures under Strategy A.2.4.

[(5) HHSC will offer a grace period until November 30, 2021, for a provider to submit the required reports. While the deadlines to report will not change, during that period HHSC will not take an action described in paragraphs (2) or (3) of this subsection as long as the provider has submitted all reports required under this section no later than December 1, 2021. A provider's failure to submit a report during that period will not be considered in a subsequent reporting period as long as the provider has completed all reports required under this section no later than December 1, 2021.]

(i) [(h)] Duration. This reporting requirement ends on August 31, 2025, [August 31, 2023] or as specified by HHSC.

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 November 9, 2023.

TRD-202304129

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: December 24, 2023

For further information, please call: (512) 424-6637