TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 52. CONTRACTING FOR COMMUNITY SERVICES
SUBCHAPTER
A.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §52.1, concerning Application.
The amendment to §52.1 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9891). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 546.
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 March 12, 2025.
TRD-202500859
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 87. OMBUDSMAN SERVICES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts new rules in Texas Administrative Code, Title 26 (26 TAC), Part 1, Chapter 87, consisting of §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81, and the repeal of 26 TAC, Part 1, Chapter 87, consisting of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519.
The repeal of 26 TAC, Part 1, Chapter 87, and new 26 TAC, Part 1, Chapter 87 are adopted without changes to the proposed text as published in the December 20, 2024, issue of the Texas Register (49 TexReg 10218). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repealed and new rules implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes by moving the laws requiring different ombudsman programs into the same subchapter of Texas Government Code, Chapter 531. The repealed and new rules clarify the duties and procedures for the Texas Health and Human Services Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The new rules ensure consistency with legislative changes, group together related subjects to facilitate navigation within the rules and remove duplicative language.
COMMENTS
The 31-day comment period ended January 20, 2025.
During this period, HHSC did not receive any comments regarding the proposed rules.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500925
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
B.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500926
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
C.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500927
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
D.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500928
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
E.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500929
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
F.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500930
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
G.
STATUTORY AUTHORITY
The new sections are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500931
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
A.
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500920
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
B.
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500921
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
C.
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500922
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
D.
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500923
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
SUBCHAPTER
E.
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies; Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.
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 March 14, 2025.
TRD-202500924
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 3, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 706-7120
CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER
A.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §259.5, concerning Definitions.
The amendment to §259.5 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9893). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapters 521 and 543A.
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 March 12, 2025.
TRD-202500860
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 275. CONSUMER MANAGED PERSONAL ATTENDANT SERVICES (CMPAS) PROGRAM
SUBCHAPTER
B.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §275.29, concerning Assessment and Eligibility Determination.
The amendment to §275.29 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9903). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 546.
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 March 12, 2025.
TRD-202500861
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM
The Texas Health and Human Services Commission (HHSC) adopts amendments to §306.45, concerning Definitions; and §306.273, concerning MH Case Management Employee Competencies.
The amendments to §306.45 and §306.273 are adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9906). These rules 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. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
During this period, HHSC did not receive any comments regarding the proposed rules.
SUBCHAPTER
B.
DIVISION 1. GENERAL REQUIREMENTS
26 TAC §306.45STATUTORY 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 Chapter 546 and 547.
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 March 12, 2025.
TRD-202500862
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
SUBCHAPTER
E.
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 Chapter 546 and 547.
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 March 12, 2025.
TRD-202500863
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 330. LIDDA ROLE AND RESPONSIBILITIES
26 TAC §330.17The Texas Health and Human Services Commission (HHSC) adopts an amendment to §330.17, concerning LIDDA Administrative Functions.
The amendment to §330.17 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9912). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 526.
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 March 12, 2025.
TRD-202500865
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 351. CHILDREN WITH SPECIAL HEALTH CARE NEEDS SERVICES PROGRAM
26 TAC §351.2The Texas Health and Human Services Commission (HHSC) adopts an amendment to §351.2, concerning Definitions.
The amendment to §351.2 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9914). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 546.
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 March 12, 2025.
TRD-202500867
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 358. CHILDREN'S AUTISM PROGRAM
SUBCHAPTER
A.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §358.103, concerning Legal Authority.
The amendment to §358.103 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9918). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 524.
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 March 12, 2025.
TRD-202500868
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 554. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER
X.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §554.2302, concerning Requirements for a Contracted Medicaid Facility.
The amendment to §554.2302 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9919). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 545.
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 March 12, 2025.
TRD-202500869
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 560. DENIAL OR REFUSAL OF LICENSE
26 TAC §560.3The Texas Health and Human Services Commission (HHSC) adopts an amendment to §560.3, concerning Adverse Licensing Record.
The amendment to §560.3 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9922). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 526.
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 March 12, 2025.
TRD-202500871
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 566. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS
26 TAC §566.3The Texas Health and Human Services Commission (HHSC) adopts an amendment to §566.3, concerning Definitions.
The amendment to §566.3 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9923). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 543A.
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 March 12, 2025.
TRD-202500872
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 711. INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
The Texas Health and Human Services Commission (HHSC) adopts amendments to §711.1, concerning What is the purpose of this chapter; §711.3, concerning How are the terms in this chapter defined; §711.1402, concerning How are the terms in this subchapter defined; and §711.1406, concerning How is the term agency defined for the purpose of this subchapter.
The amendments to §§711.1, 711.3, 711.1402, and 711.1406 are adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9929). These rules 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. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
During this period, HHSC received comments regarding the proposed rules from one individual commenter. A summary of comments relating to the rules and HHSC responses follow.
Comment: The commenter recommended substantive revisions to §§711.1 and 711.3. In §711.1, the commenter recommended adding language to provide that the purpose of the chapter is to protect the safety of individuals receiving services and to clarify the reference to Adult Protective Services, so it is clear which agency investigates allegations of abuse, neglect, and exploitation. The commenter also recommended revising definitions in §711.3 to update terminology pertaining to investigations.
Response: HHSC declines to make the suggested substantive changes. The recommendations are outside the scope of this rule project, which is only updating references to the Texas Government Code that were amended by H.B. 4611.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The amendments 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 Chapter 542 and 546.
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 March 12, 2025.
TRD-202500873
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
SUBCHAPTER
L.
STATUTORY AUTHORITY
The amendments 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 Chapter 542 and 546.
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 March 12, 2025
TRD-202500874
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 745. LICENSING
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.907, concerning What are the consequences of Licensing designating me as a controlling person; §745.911, concerning In what other circumstances may a person not serve as a controlling person at my operation; and §745.8605, concerning When can Licensing recommend or impose an enforcement action against my operation.
The amendments to §§745.907, 745.911, and 745.8605, are adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9934). These rules 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. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
During this period, HHSC did not receive any comments regarding the proposed rules.
SUBCHAPTER
G.
STATUTORY AUTHORITY
The amendments 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 Chapter 526.
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 March 12, 2025.
TRD-202500875
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
SUBCHAPTER
L.
DIVISION 1. OVERVIEW OF ENFORCEMENT ACTIONS
26 TAC §745.8605STATUTORY 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 Chapter 526.
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 March 12, 2025.
TRD-202500876
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 926. STATE FACILITY REQUIREMENTS TO ENHANCE THE SAFETY OF INDIVIDUALS RECEIVING SERVICES
SUBCHAPTER
B.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §926.51, concerning Definitions.
The amendment to §926.51 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9936). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 546.
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 March 12, 2025.
TRD-202500877
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021
CHAPTER 967. CLIENT CARE OF INDIVIDUALS RECEIVING SERVICES AT STATE SUPPORTED LIVING CENTERS
SUBCHAPTER
A.
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §967.1, concerning Independent Mortality Review.
The amendment to §967.1 is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9941). 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 rule to the Texas Government Code sections that become effective on April 1, 2025.
COMMENTS
The 31-day comment period ended January 6, 2025.
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 Chapter 546.
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 March 12, 2025.
TRD-202500878
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: April 1, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 221-9021