PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 33. EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT
SUBCHAPTER F. DENTAL SERVICES
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §33.70, concerning Dental Preventive and Treatment Services.
The amendment to §33.70 is adopted with changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8523). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The amendment to §33.70 is necessary to comply with House Bill (H.B.) 2056, 87th Legislature, Regular Session, 2021.
H.B. 2056 added a requirement for providers to be reimbursed for teledentistry dental services by amending Texas Government Code §531.0216 and §531.02162(b) and (c) and adding Texas Government Code §531.02172. The amendment to §33.70 implements teledentistry dental services under Medicaid in the Texas Health Steps Program.
The Texas State Board of Dental Examiners adopted rules in 2022 to regulate the practice of teledentistry. HHSC waited until the Texas State Board of Dental Examiners rules were adopted to propose the amendment to §33.70. While the Texas State Board of Dental Examiners rules were being adopted, HHSC analyzed which dental services and treatments, available through the Texas Health Steps Program, could safely and effectively be provided as a teledentistry dental service to clients enrolled in the program.
The amendment to §33.70 requires dental providers to perform dental services as described in the Texas Medicaid Provider Procedures Manual. The amendment allows dental providers to conduct an oral evaluation as a teledentistry dental service, as defined in Texas Occupations Code §111.001, for established clients, using synchronous audiovisual technologies.
The amendment allows flexibility for an established client and the dentist to use synchronous audiovisual technologies to conduct an oral evaluation, and thereby, makes oral evaluations more easily available to and prevents unnecessary travel for clients in the Texas Health Steps Program.
COMMENTS
The 31-day comment period ended November 25, 2024.
During this period, HHSC did not receive any comments regarding the proposed rule.
HHSC made a minor editorial change to §33.70(b) to cite the more specific location of a cross-referenced rule by replacing "in this title" with "in this subchapter." These changes were not in response to a public comment.
STATUTORY AUTHORITY
The amendment to §33.70 is 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; Texas Government Code §531.0216, which provides that the Executive Commissioner of HHSC shall adopt rules to develop and implement a system to reimburse providers of services under Medicaid for services performed using teledentistry dental services; Texas Government Code §531.02162, which provides that the Executive Commissioner of HHSC shall by rule establish policies that permit reimbursement under Medicaid for services provided through teledentistry dental services to children with special health care needs; and Texas Government Code §531.02172, which provides HHSC by rule shall require each health and human services agency that administers a part of the Medicaid program to provide Medicaid reimbursement for teledentistry dental services provided by a dentist licensed to practice dentistry in this state.
§33.70.Dental Preventive and Treatment Services.
(a) In addition to dental check-ups, which may include radiographs and other diagnostic tests, clients are eligible to receive the following dental services and treatment, as described in detail in the TMPPM:
(1) diagnostic;
(2) preventive;
(3) therapeutic (including orthodontic);
(4) emergency; and
(5) medically necessary treatment.
(b) Prior authorization may be required for certain services and documentation requirements must be met, as described in detail in the TMPPM. All dental services are subject to utilization review, as described in §33.72 of this subchapter (relating to Dental Utilization Reviews).
(c) THSteps dental providers are required to perform dental services as described in detail in the TMPPM.
(d) THSteps dental providers may conduct an oral evaluation as a teledentistry dental service, as defined in Texas Occupations Code §111.001, for established clients using synchronous audiovisual technologies.
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 February 3, 2025.
TRD-202500371
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: March 3, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 438-2910
SUBCHAPTER P. SURVEILLANCE AND CONTROL OF BIRTH DEFECTS
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §37.301, concerning Purpose.
Section 37.301 is adopted without changes to the proposed text as published in the November 8, 2024, issue of the Texas Register (49 TexReg 8828). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature's ongoing statutory revision program. This adopted amendment updates citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended December 9, 2024. During this period, HHSC did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is 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 §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
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 February 3, 2025.
TRD-202500372
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: April 1, 2025
Proposal publication date: November 8, 2024
For further information, please call: (512) 221-9021
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §103.1, concerning Purpose and Purview.
Section 103.1 is adopted without changes to the proposed text as published in the November 8, 2024, issue of the Texas Register (49 TexReg 8829). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature's ongoing statutory revision program. This adopted amendment updates citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended December 9, 2024. During this period, HHSC did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is 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 §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
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 February 3, 2025.
TRD-202500373
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: April 1, 2025
Proposal publication date: November 8, 2024
For further information, please call: (512) 221-9021
SUBCHAPTER B. MEAT AND POULTRY INSPECTION
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §221.11, concerning Federal Regulations on Meat and Poultry Inspection; §221.12, concerning Meat and Poultry Inspection; §221.13, concerning Enforcement and Penalties; §221.14, concerning Custom Exempt Slaughter and Processing; Animal Share and Low-Volume Poultry or Rabbit Slaughter Operations; §221.15, concerning Inspection of Alternate Source Food Animals; and §221.16, concerning Fees. The amendments to §§221.11 - 221.16, are adopted without changes to the proposed text as published in the November 22, 2024, issue of the Texas Register (49 TexReg 9472) and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the adopted amendments is to implement Senate Bill (S.B.) 691, 88th Legislature, Regular Session, 2023, that amended Texas Health and Safety Code Chapter 433, Subchapter A, by adding §433.0065, relating to an animal share exemption for certain meat and meat food products and providing for a civil penalty. The amendments also provide guidance regarding how producers may engage in the slaughtering, processing, labeling, and distribution of meat and meat food products produced for members of an animal share while remaining in compliance with state and federal laws and the regulatory requirements of 25 Texas Administrative Code (TAC) §221.14.
Additionally, the adoption implements S.B. 664, 88th Legislature, Regular Session, 2023, that amended Texas Health and Safety Code Chapter 431, Subchapter D, by adding §431.0805, that defines analogue and cell-cultured food products as distinguished from the definitions of "meat," "poultry," "meat food products," and "poultry food products." The amendments update, correct, improve, and clarify the rule language and incorporate plain language where appropriate.
COMMENTS
The 31-day comment period ended on December 23, 2024. During this period, DSHS did not receive any comments regarding the proposed amendments.
STATUTORY AUTHORITY
The amendments are authorized by Texas Health and Safety Code Chapters 431 and 433, which direct the Executive Commissioner of HHSC to adopt rules to implement legislation; Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
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 February 5, 2025.
TRD-202500411
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: February 25, 2025
Proposal publication date: November 22, 2024
For further information, please call: (512) 834-6760