PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 - 550.106, 550.108 - 550.115, 550.118 - 550.123, 550.202, 550.203, 550.205 - 550.207, 550.210, 550.211, 550.301, 550.303 - 550.306, 550.308 - 550.311, 550.402 - 550.406, 550.409 - 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 - 550.508, 550.510, 550.511, 550.601 - 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 - 550.906, 550.1001 - 550.1003, 550.1101, 550.1102, 550.1202 - 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 - 550.1220, 550.1222, 550.1224, 550.1301 - 550.1305, and 550.1401 - 550.1408.
The amendments to §§550.1, 550.5, 550.101 - 550.106, 550.108 - 550.115, 550.118 - 550.123, 550.202, 550.203, 550.205 - 550.207, 550.210, 550.211, 550.301, 550.303 - 550.306, 550.308 - 550.311, 550.402 - 550.406, 550.409 - 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 - 550.508, 550.510, 550.511, 550.601 - 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 - 550.906, 550.1001 - 550.1003, 550.1101, 550.1102, 550.1202 - 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 - 550.1220, 550.1222, 550.1224, 550.1301 - 550.1305, and 550.1401 - 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor's parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor's parent, guardian, or other legally authorized representative to decline a center's transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician's order to document a minor's need for transportation services to access PPECC services or consider transportation services as nursing services in a minor's plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
COMMENTS
The 31-day comment period ended July 15, 2024.
During this period, HHSC received two comments regarding the proposed rules from two commenters, Earth Angels Pediatric Day Center and one individual. A summary of comments relating to the rules and HHSC's responses follows.
Comment: One commenter expressed full agreement with the amended rules.
Response: HHSC appreciates the support of the rules.
Comment: One commenter suggested an amendment to §550.418 to allow providers to place employees in temporary roles rather than suspend them, or to pay employees while they are on suspension during the appeals process when HHSC makes a referral to the Employee Misconduct Registry. The commenter also suggested clearing the suspension from the employee's personnel record if the employee wins on appeal.
Response: HHSC declines to make the suggested change. HHSC Long-term Care regulations do not address employee assignments or pay. Also, the rule reflects the language used in H.B. 1009 from current Texas Health and Safety Code §253.0025. Section 253.0025 requires the PPECC to suspend the employment of the employee HHSC finds engaged in reportable conduct throughout any applicable appeals process.
SUBCHAPTER A. PURPOSE, SCOPE, LIMITATIONS, COMPLIANCE, AND DEFINITIONS
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404336
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
26 TAC §§550.101 - 550.106, 550.108 - 550.115, 550.118 - 550.123
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404339
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
DIVISION 1. OPERATIONS AND SAFETY PROVISIONS
26 TAC §§550.202, 550.203, 550.205 - 550.207, 550.210, 550.211
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404345
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
26 TAC §§550.301, 550.303 - 550.306, 550.308 - 550.311
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404348
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
26 TAC §§550.402 - 550.406, 550.409 - 550.411, 550.413, 550.415, 550.417, 550.418
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404350
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
26 TAC §§550.504, 550.506 - 550.508, 550.510, 550.511
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404353
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404357
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
26 TAC §§550.701, 550.703, 550.705, 550.707
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404358
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404359
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404360
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404361
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404362
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404363
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404366
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §248A.101, which provides that the Executive Commissioner of HHSC shall adopt rules necessary to implement Chapter 248A, including for prescribing minimum standards to protect the health and safety of the public and to ensure the health, safety, and comfort of minors being served in PPECCs.
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 September 9, 2024.
TRD-202404364
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: October 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 438-3161