PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 131. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code (TAC), Title 25, Part 1, Chapter 131, concerning Freestanding Emergency Medical Care Facilities, 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 The repealed subchapters consist of §§131.1, 131.2, 131.21 - 131.31, 131.41 - 131.68, 131.81, 131.82, and 131.101 - 131.109.
The repeal of §§131.1, 131.2, 131.21 - 131.31, 131.41 - 131.68, 131.81, 131.82, and 131.101 - 131.109 are adopted without changes to the proposed repealed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3799). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to remove the rules in Chapter 131, Freestanding Emergency Medical Care Facilities, Subchapters A - E, and adopt new rules in 26 TAC Chapter 509, Freestanding Emergency Medical Care Facilities.
The new rules in Title 26, Chapter 509 are adopted elsewhere in this issue of the Texas Register and are substantially similar to the repealed rules.
COMMENTS
The 31-day comment period ended August 14, 2023.
During this period, HHSC received comments regarding the proposed repeal from the Texas Association of Freestanding Emergency Centers (TAFEC). A summary of comments relating to the rules and HHSC's responses follows.
Comment: TAFEC expressed appreciation for HHSC's efforts to update and refresh the freestanding emergency medical care facility rules by repealing 25 TAC Chapter 131 and replacing the chapter with 26 TAC Chapter 509.
Response: HHSC acknowledges this comment.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The repeals are adopted under 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 Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304226
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: December 4, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are adopted under 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 Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304227
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: December 4, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are adopted under 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 Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304228
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: December 4, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are adopted under 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 Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304229
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: December 4, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeals are adopted under 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 Texas Health and Safety Code §254.101, which authorizes HHSC to adopt rules regarding freestanding emergency medical care facilities.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304230
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: December 4, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 834-4591
CHAPTER 701. POLICIES AND PROCEDURES
The Cancer Prevention and Research Institute of Texas ("CPRIT" or "the Institute") adopts the amendments to 25 Texas Administrative Code §701.25 without changes to the proposed amendments as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4773); therefore, the rule will not be republished. The amendments relate to CPRIT's electronic signature policy.
Reasoned Justification
CPRIT amends its electronic signature policy to include grant applicants so that the convenience and responsibilities associated with electronic signatures are available to grant applicants as well as grant recipients.
Summary of Public Comments and Staff Recommendation
CPRIT received no public comments regarding the proposed amendments to §701.25; CPRIT staff recommends moving forward with adoption of the amendments.
The rule changes are adopted under the authority of the Texas Health and Safety Code Annotated, § 102.108, which provides the Institute with broad rule-making authority to administer the chapter, including rules for awarding grants.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 17, 2023.
TRD-202304312
Heidi McConnell
Chief Operating Officer
Cancer Prevention and Research Institute of Texas
Effective date: December 7, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 305-8487