TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 52. CONTRACTING FOR COMMUNITY SERVICES

SUBCHAPTER A. APPLICATION AND DEFINITIONS

26 TAC §52.1

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. PURPOSE, DEFINITIONS, AND ESTABLISHMENT OF OMBUDSMAN PROGRAMS

26 TAC §§87.1, 87.3, 87.5, 87.7

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. PROVISIONS COMMON TO ALL OMBUDSMAN PROGRAMS

26 TAC §§87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35

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. PROVISIONS DIRECTING HHS AND DFPS

26 TAC §87.41, §87.43

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. OMBUDSMAN FOR MANAGED CARE ASSISTANCE

26 TAC §87.51

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. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE

26 TAC §87.61

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. OMBUDSMAN FOR BEHAVIORAL HEALTH ACCESS TO CARE

26 TAC §87.71, §87.73

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. OMBUDSMAN FOR INDIVIDUALS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY

26 TAC §87.81

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. OFFICE OF THE OMBUDSMAN

26 TAC §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119

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. OMBUDSMAN MANAGED CARE ASSISTANCE

26 TAC §§87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219

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. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE

26 TAC §§87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321

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. OMBUDSMAN FOR BEHAVIORAL HEALTH

26 TAC §§87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419

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. INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN

26 TAC §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, 87.519

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. DEFINITIONS, DESCRIPTION OF SERVICES, AND EXCLUDED SERVICES

26 TAC §259.5

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. ELIGIBILITY AND SERVICE PLANS

26 TAC §275.29

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. STANDARDS OF CARE IN CRISIS STABILIZATION UNITS

DIVISION 1. GENERAL REQUIREMENTS

26 TAC §306.45

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-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. MENTAL HEALTH CASE MANAGEMENT

26 TAC §306.273

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 §330.17

The 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 §351.2

The 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. GENERAL RULES

26 TAC §358.103

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. REQUIREMENTS FOR MEDICAID-CERTIFIED FACILITIES

26 TAC §554.2302

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 §560.3

The 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 §566.3

The 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. INTRODUCTION

26 TAC §711.1, §711.3

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. EMPLOYEE MISCONDUCT REGISTRY

26 TAC §711.1402, §711.1406

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. CONTROLLING PERSONS

26 TAC §745.907, §745.911

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. ENFORCEMENT ACTIONS

DIVISION 1. OVERVIEW OF ENFORCEMENT ACTIONS

26 TAC §745.8605

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-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. CRIMINAL HISTORY CHECKS AND REGISTRY CLEARANCES AT STATE FACILITIES

26 TAC §926.51

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. STATE SUPPORTED LIVING CENTER INDEPENDENT MORTALITY REVIEW

26 TAC §967.1

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