TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 4. RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES

SUBCHAPTER A. PROTECTED HEALTH INFORMATION

40 TAC §§4.1 - 4.8

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 4, Subchapter A consisting of §§4.1, concerning Purpose; 4.2, concerning Application; 4.3, concerning Definitions; 4.4, concerning Requirements; 4.5, concerning Regulations and Statutes Governing Confidentiality of Protected Health Information; 4.6, concerning Exhibit; 4.7, concerning References; and 4.8, concerning Distribution.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 4, Subchapter A, in its entirety, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

The rules reference federal privacy laws, rules, and regulations that are now addressed in the Local Intellectual and Developmental Disability Authority performance contract.

FISCAL NOTE

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

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

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

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

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

(5) the proposed repeals will not create a new regulation;

(6) the proposed repeals will repeal an existing regulation;

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

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

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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.

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 because the rules will be removed.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

To be considered, comments must be submitted no later than 21 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 25R023" in the subject line.

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 4.1. Purpose.

§ 4.2. Application.

§ 4.3. Definitions.

§ 4.4. Requirements.

§ 4.5. Regulations and Statutes Governing Confidentiality of Protected Health Information.

§ 4.6. Exhibit.

§ 4.7. References.

§ 4.8. Distribution.

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 May 22, 2025.

TRD-202501810

Jessica Miller

Director, Rules Coordination Office

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES--INTELLECTUAL DISABILITY SERVICES

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 5 consisting of §§5.1, concerning Purpose; 5.2, concerning Application; 5.3, concerning Definitions; 5.4, concerning Philosophy; 5.5, concerning General Principles; 5.6, concerning Evaluation and Diagnosis; 5.7, concerning Prescribing Parameters; 5.8, concerning Emergency Use of Psychoactive Medication; 5.9, concerning Consent and Patient Education; 5.10, concerning Medication Monitoring; 5.11, concerning Special Populations; 5.12, concerning Quality Improvement; 5.13, concerning References; 5.14, concerning Distribution; 5.401, concerning Purpose; 5.402, concerning Application; 5.403, concerning Definitions; 5.404, concerning General Provisions; 5.405, concerning General Principles for Behavior Therapy Programs; 5.406, concerning Development, Implementation, and Monitoring of Effectiveness of Behavior Therapy Programs; 5.407, concerning Requirement to Obtain Legally Adequate Consent, Consent, or Authorization; 5.408, concerning Use of Restraint; 5.409, concerning Documenting and Reporting Behavior Therapy Programs That Use Highly Restrictive Procedures; 5.411, concerning References; and 5.412, concerning Distribution.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 5, in its entirety, as the rules are no longer necessary and not required by statute. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

The topics of these rules are required by standard licensing requirements for medical professionals or by the federal conditions of participation developed by the Centers for Medicare and Medicaid Services for intermediate care facilities for individuals with intellectual disabilities.

FISCAL NOTE

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

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

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

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

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

(5) the proposed repeals will not create a new regulation;

(6) the proposed repeals will repeal an existing regulation;

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

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

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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.

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 because the rules will be removed.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .

To be considered, comments must be submitted no later than 21 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 25R023" in the subject line.

SUBCHAPTER A. PRESCRIBING OF PSYCHOACTIVE MEDICATION

40 TAC §§5.1 - 5.14

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 5.1. Purpose.

§ 5.2. Application.

§ 5.3. Definitions.

§ 5.4. Philosophy.

§ 5.5. General Principles.

§ 5.6. Evaluation and Diagnosis.

§ 5.7. Prescribing Parameters.

§ 5.8. Emergency Use of Psychoactive Medication.

§ 5.9. Consent and Patient Education.

§ 5.10. Medication Monitoring.

§ 5.11. Special Populations.

§ 5.12. Quality Improvement.

§ 5.13. References.

§ 5.14. Distribution.

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 May 21, 2025.

TRD-202501785

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER I. BEHAVIOR THERAPY IN STATE FACILITIES

40 TAC §§5.401 - 5.409, 5.411, 5.412

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 5.401. Purpose.

§ 5.402. Application.

§ 5.403. Definitions.

§ 5.404. General Provisions.

§ 5.405. General Principles for Behavior Therapy Programs.

§ 5.406. Development, Implementation, and Monitoring of Effectiveness of Behavior Therapy Programs.

§ 5.407. Requirement to Obtain Legally Adequate Consent, Consent, or Authorization.

§ 5.408. Use of Restraint.

§ 5.409. Documenting and Reporting Behavior Therapy Programs That Use Highly Restrictive Procedures.

§ 5.411. References.

§ 5.412. Distribution.

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 May 21, 2025.

TRD-202501786

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 7 consisting of §§7.1, concerning Purpose; 7.6, concerning Assignment and Use of Pooled Vehicles; 7.9, concerning Material Safety Data Sheets; 7.23, concerning Unauthorized Departures That May Have Unusual Consequences; 7.33, concerning Mail for Staff Residing On Campus; 7.34, concerning Commercial Solicitation on Grounds; 7.51, concerning Purpose; 7.52, concerning Application; 7.53, concerning Definitions; 7.54, concerning Procurement; 7.55, concerning Accountability; 7.56, concerning Provisions for All Contracts; 7.57, concerning Additional Requirements for Specific Contracts; 7.58, concerning Contract Extension or Renewal; 7.60, concerning Protest and Appeal Procedures; 7.61, concerning Contract Monitoring; 7.62, concerning Remedies and Sanctions for All Contracts Except Construction Contracts; 7.63, concerning Negotiation and Mediation; 7.64, concerning References; 7.65, concerning Distribution; 7.159, concerning References; 7.160, concerning Distribution; 7.901, concerning Purpose; 7.902, concerning Applicability; 7.903, concerning Definitions; 7.904, concerning Prerequisites to Suit; 7.905, concerning Sovereign Immunity; 7.906, concerning Notice of Claim of Breach of Contract; 7.907, concerning Agency Counterclaim; 7.908, concerning Request for Voluntary Disclosure of Additional Information; 7.909, concerning Duty to Negotiate; 7.910, concerning Timetable; 7.911, concerning Conduct of Negotiation; 7.912, concerning Settlement Approval Procedures; 7.913, concerning Settlement Agreement; 7.914, concerning Costs of Negotiation; 7.915, concerning Request for Contested Case Hearing; 7.916, concerning Mediation Timetable; 7.917, concerning Conduct of Mediation; 7.918, concerning Agreement to Mediate; 7.919, concerning Qualifications and Immunity of the Mediator; 7.920, concerning Confidentiality of Mediation and Final Settlement Agreement; 7.921, concerning Costs of Mediation; 7.922, concerning Settlement Approval Procedures; 7.923, concerning Initial Settlement Agreement; 7.924, concerning Final Settlement Agreement; and 7.925, concerning Referral to the State Office of Administrative Hearings.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 7, in its entirety, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

FISCAL NOTE

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

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

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

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

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

(5) the proposed repeals will not create a new regulation;

(6) the proposed repeals will repeal an existing regulation;

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

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

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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.

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 because the rules will be removed.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .

To be considered, comments must be submitted no later than 21 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 25R023" in the subject line.

SUBCHAPTER A. STANDARD OPERATING PROCEDURES

40 TAC §§7.1, 7.6, 7.9, 7.23, 7.33, 7.34

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 7.1. Purpose.

§ 7.6. Assignment and Use of Pooled Vehicles.

§ 7.9. Material Safety Data Sheets.

§ 7.23. Unauthorized Departures That May Have Unusual Consequences.

§ 7.33. Mail for Staff Residing On Campus.

§ 7.34. Commercial Solicitation on Grounds.

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 May 21, 2025.

TRD-202501787

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER B. CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE

40 TAC §§7.51 - 7.58, 7.60 - 7.65

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 7.51. Purpose.

§ 7.52. Application.

§ 7.53. Definitions.

§ 7.54. Procurement.

§ 7.55. Accountability.

§ 7.56. Provisions for All Contracts.

§ 7.57. Additional Requirements for Specific Contracts.

§ 7.58. Contract Extension or Renewal.

§ 7.60. Protest and Appeal Procedures.

§ 7.61. Contract Monitoring.

§ 7.62. Remedies and Sanctions for All Contracts Except Construction Contracts.

§ 7.63. Negotiation and Mediation.

§ 7.64. References.

§ 7.65. Distribution.

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 May 21, 2025.

TRD-202501788

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER D. PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS

40 TAC §7.159, §7.160

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 7.159. References.

§ 7.160. Distribution.

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 May 21, 2025.

TRD-202501789

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS

DIVISION 1. GENERAL

40 TAC §§7.901 - 7.905

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 7.901. Purpose.

§ 7.902. Applicability.

§ 7.903. Definitions.

§ 7.904. Prerequisites to Suit.

§ 7.905. Sovereign Immunity.

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 May 21, 2025.

TRD-202501790

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


DIVISION 2. NEGOTIATION

40 TAC §§7.906 - 7.915

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 7.906. Notice of Claim of Breach of Contract.

§ 7.907. Agency Counterclaim.

§ 7.908. Request for Voluntary Disclosure of Additional Information.

§ 7.909. Duty to Negotiate.

§ 7.910. Timetable.

§ 7.911. Conduct of Negotiation.

§ 7.912. Settlement Approval Procedures.

§ 7.913. Settlement Agreement.

§ 7.914. Costs of Negotiation.

§ 7.915. Request for Contested Case Hearing.

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 May 21, 2025.

TRD-202501792

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


DIVISION 3. MEDIATION

40 TAC §§7.916 - 7.925

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 7.916. Mediation Timetable.

§ 7.917. Conduct of Mediation.

§ 7.918. Agreement to Mediate.

§ 7.919. Qualifications and Immunity of the Mediator.

§ 7.920. Confidentiality of Mediation and Final Settlement Agreement.

§ 7.921. Costs of Mediation.

§ 7.922. Settlement Approval Procedures.

§ 7.923. Initial Settlement Agreement.

§ 7.924. Final Settlement Agreement.

§ 7.925. Referral to the State Office of Administrative Hearings.

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 May 21, 2025.

TRD-202501793

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


CHAPTER 72. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES

SUBCHAPTER L. MOU--CAPACITY ASSESSMENT FOR SELF CARE AND FINANCIAL MANAGEMENT

40 TAC §72.5001

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §72.5001, concerning Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 72, Subchapter L, in its entirety, as the rule is no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

This rule was authorized by Texas Health and Safety Code §533.044, which was repealed effective April 1, 2015.

FISCAL NOTE

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

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

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

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

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

(5) the proposed repeal will not create a new regulation;

(6) the proposed repeal will repeal an existing regulation;

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

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

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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeal does not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeal will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this repeal because the rule does not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public benefit will be removal of an unnecessary rule from the Texas Administrative Code.

Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the rule will be removed.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .

To be considered, comments must be submitted no later than 21 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 25R023" in the subject line.

STATUTORY AUTHORITY

The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeal affects Texas Government Code §524.0151.

§ 72.5001. Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management.

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 May 21, 2025.

TRD-202501791

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


CHAPTER 77. EMPLOYMENT PRACTICES

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 77 consisting of §§77.1, concerning What is the purpose of this chapter; 77.2, concerning What do the words and terms in this chapter mean; 77.11, concerning What is the training activities program; 77.12, concerning Who is eligible to participate in the training activities program; 77.13, concerning Who should I ask if I want to participate in the training activities program; 77.14, concerning What are my obligations if I participate in the training activities program; 77.15, concerning Can I get a waiver for any of my obligations; 77.16, concerning How do I get a waiver for any of my obligations; 77.17, concerning What happens if I am placed on corrective action while I am participating in the training activities program; 77.31, concerning What is the education assistance program; 77.32, concerning Am I eligible to participate in the education assistance program; 77.33, concerning Who do I ask if I want to participate in the education assistance program; 77.34, concerning What am I required to do if I participate in the education assistance program; 77.35, concerning What if I cannot work full time and keep my class schedule; 77.36, concerning What type of institution of higher education must I attend; 77.37, concerning What financial assistance is available; 77.38, concerning How often does DHS review my participation in the education assistance program; 77.39, concerning In what situations would DHS cancel my education assistance agreement and my participation in the program; 77.40, concerning If my participation is cancelled, will I have to repay any money to DHS; 77.41, concerning Can I get a waiver, deferment, or reduction of my repayment obligation; 77.42, concerning How do I ask for a waiver, deferment, or reduction; 77.43, concerning If my participation in the education assistance program is cancelled, can I participate in the program in the future; and 77.44, concerning What happens if I am placed on corrective action while I am participating in the education assistance program.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 77, in its entirety, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

FISCAL NOTE

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

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

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

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

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

(5) the proposed repeals will not create a new regulation;

(6) the proposed repeals will repeal an existing regulation;

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

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

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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.

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 because the rules will be removed.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .

To be considered, comments must be submitted no later than 21 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 25R023" in the subject line.

SUBCHAPTER A. INTRODUCTION

40 TAC §77.1, §77.2

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 77.1. What is the purpose of this chapter?

§ 77.2. What do the words and terms in this chapter mean?

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 May 21, 2025.

TRD-202501794

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER B. EMPLOYEE TRAINING

40 TAC §§77.11 - 77.17

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 77.11. What is the training activities program?

§ 77.12. Who is eligible to participate in the training activities program?

§ 77.13. Who should I ask if I want to participate in the training activities program?

§ 77.14. What are my obligations if I participate in the training activities program?

§ 77.15. Can I get a waiver for any of my obligations?

§ 77.16. How do I get a waiver for any of my obligations?

§ 77.17. What happens if I am placed on corrective action while I am participating in the training activities program?

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 May 21, 2025.

TRD-202501795

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER C. EDUCATION ASSISTANCE PROGRAM

40 TAC §§77.31 - 77.44

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 77.31. What is the education assistance program?

§ 77.32. Am I eligible to participate in the education assistance program?

§ 77.33. Who do I ask if I want to participate in the education assistance program?

§ 77.34. What am I required to do if I participate in the education assistance program?

§ 77.35. What if I cannot work full time and keep my class schedule?

§ 77.36. What type of institution of higher education must I attend?

§ 77.37. What financial assistance is available?

§ 77.38. How often does DHS review my participation in the education assistance program?

§ 77.39. In what situations would DHS cancel my education assistance agreement and my participation in the program?

§ 77.40. If my participation is cancelled, will I have to repay any money to DHS?

§ 77.41. Can I get a waiver, deferment, or reduction of my repayment obligation?

§ 77.42. How do I ask for a waiver, deferment, or reduction?

§ 77.43. If my participation in the education assistance program is cancelled, can I participate in the program in the future?

§ 77.44. What happens if I am placed on corrective action while I am participating in the education assistance program?

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 May 21, 2025.

TRD-202501796

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


PART 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 101 consisting of §§101.101, concerning Purpose; 101.103, concerning Legal Authority; 101.105, concerning Definitions; 101.107, concerning Opportunities for Citizen Participation; 101.109, concerning Complaints; 101.111, concerning Cooperation with Other Public Agencies; 101.113, concerning Criminal History Information on Applicants for Employment; 101.115, concerning Use of Criminal History Information in Contracting; 101.117, concerning Fees for Department Publications; 101.119, concerning Gifts and Donations to DARS; 101.121, concerning Qualified Vocational Rehabilitation Counselor (QVRC); 101.201, concerning Purpose; 101.203, concerning Legal Authority; 101.205, concerning Definitions; 101.207, concerning Adoption of Rules; 101.805, concerning Definitions; 101.807, concerning Privacy Policies; 101.809, concerning Confidentiality of Consumer Information in Vocational Rehabilitation Program; 101.811, concerning Confidentiality of Consumer Information in the Specialized Telecommunications Assistance Program; 101.813, concerning Use of Consumer Information in the Deaf and Hard of Hearing Driver Identification Program; 101.1307, concerning Memorandum of Understanding Regarding Continuity of Care for Physically Disabled Inmates; 101.1309, concerning Memorandum of Understanding Regarding the Exchange and Distribution of Public Awareness Information; and 101.1311, concerning Memorandum of Understanding Concerning Coordination of Services to Disabled Persons.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 101, Subchapter A, B, D and F, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

FISCAL NOTE

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

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

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

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

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

(5) the proposed repeals will not create a new regulation;

(6) the proposed repeals will repeal an existing regulation;

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

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

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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.

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 because the rules will be removed.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's 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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .

To be considered, comments must be submitted no later than 21 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 25R023" in the subject line.

SUBCHAPTER A. GENERAL RULES

40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 101.101. Purpose.

§ 101.103. Legal Authority.

§ 101.105. Definitions.

§ 101.107. Opportunities for Citizen Participation.

§ 101.109. Complaints.

§ 101.111. Cooperation with Other Public Agencies.

§ 101.113. Criminal History Information on Applicants for Employment.

§ 101.115. Use of Criminal History Information in Contracting.

§ 101.117. Fees for Department Publications.

§ 101.119. Gifts and Donations to DARS.

§ 101.121. Qualified Vocational Rehabilitation Counselor (QVRC).

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 May 21, 2025.

TRD-202501797

Karen Ray

Chief Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES

40 TAC §§101.201, 101.203, 101.205, 101.207

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 101.201. Purpose.

§ 101.203. Legal Authority.

§ 101.205. Definitions.

§ 101.207. Adoption of Rules.

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 May 21, 2025.

TRD-202501798

Karen Ray

Chief Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER D. PRIVACY AND CONFIDENTIALITY

40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 101.805. Definitions.

§ 101.807. Privacy Policies.

§ 101.809. Confidentiality of Consumer Information in Vocational Rehabilitation Program.

§ 101.811. Confidentiality of Consumer Information in the Specialized Telecommunications Assistance Program.

§ 101.813. Use of Consumer Information in the Deaf and Hard of Hearing Driver Identification Program.

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 May 21, 2025.

TRD-202501799

Karen Ray

Chief Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021


SUBCHAPTER F. MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES

40 TAC §§101.1307, 101.1309, 101.1311

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The repeals affect Texas Government Code §524.0151.

§ 101.1307. Memorandum of Understanding Regarding Continuity of Care for Physically Disabled Inmates.

§ 101.1309. Memorandum of Understanding Regarding the Exchange and Distribution of Public Awareness Information.

§ 101.1311. Memorandum of Understanding Concerning Coordination of Services to Disabled Persons.

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 May 21, 2025.

TRD-202501800

Karen Ray

Chief Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 221-9021