Health and Human Services Commission Executive Council Agenda

June 12, 2025 - 10:00 am

Texas Health and Human Services Commission, John H. Winters Building, Public Hearing Room 125, First Floor
701 West 51st Street, Austin, Texas
78751
United States

Webcasting Available

This meeting will be webcast. Members of the public may attend the meeting in person at the address above or https://texashhsmeetings.org/HHSWebcast. Select the tab for the Winters Live on the date and time for this meeting. Please e-mail Webcasting@hhsc.state.tx.us if you have any problems with the webcasting function.

This meeting will also be conducted via videoconference call in accordance with the requirements of Section 551.127, Government Code. The member of the Council presiding over the meeting will be physically present at the location specified above.

Meeting Notice: The use of artificial intelligence (AI) bots is prohibited in this meeting.

In accordance with HHS policy, the use of Artificial Intelligence also known as “AI” Notetakers is expressly prohibited. Producers will not admit a ‘bot’ or other autonomous agent into the meeting. If a ‘bot’ should inadvertently gain entrance, it will be removed from the meeting by one of our producers.

Attendees who would like to provide public comment should see the Public Comment section below.
All attachments below are PDF unless otherwise noted.

  1. Welcome and opening remarks
    1. Call to order
    2. Roll call
    3. Explanation of proceedings using Microsoft Teams meeting
    4. Executive commissioner’s welcome and remarks
    5. Chief officers’ remarks
    6. Department of State Health Services (DSHS) commissioner’s remarks
    7. Inspector general’s quarterly report
  2. Agency updates
    1. 89th Legislature, Regular Session, 2025
      1. Appropriations update
      2. Legislative Session overview
  3. Rule proposals*
    1. Administrative Procedure Act (APA) public comment period has closed†
      None
    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. Texas HHSC proposes amendments to rules in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 331, concerning Local Intellectual and Developmental Disability Authorities Service Coordination. HHSC also proposes repeals in TAC Title 40, Chapter 1 concerning State Authority Responsibilities and Chapter 2, concerning Local Authority Responsibilities
      2. HHSC proposes amendments to certain rules in TAC, Title 26, Part 1, Chapter 271, concerning Community Care for Aged and Disabled and the repeal of §271.3, concerning Definitions
      3. HHSC proposes an amendment to §355.312, concerning Reimbursement Setting Methodology--Liability Insurance Costs
      4. HHSC proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 401, Mental Health System Administration, Chapter 404, Protection Of Clients And Staff--Mental Health Services, Chapter 405, Patient Care--Mental Health Services, Chapter 411, State Mental Health Authority Responsibilities, Chapter 412, Local Mental Health Authority Responsibilities, Chapter 414, Rights and Protections of Persons Receiving Mental Health Services, and Chapter 415, Provider Clinical Responsibilities--Mental Health Services, concerning Mental Health Programs Rules
      5. Texas DSHS proposes an amendment to a rule in TAC, Title 25, Part 1, Chapter 217, Milk and Dairy, Subchapter A, concerning Adopted Regulations and Standards
      6. HHSC proposes rule repeals in 40 TAC, Chapter 71, Information Practices; 1 TAC, Chapter 394, Mediation and Negotiated Rulemaking; and 25 TAC, Chapter 448, Standard of Care
      7. HHSC proposes amendments to §351.805, concerning State Medicaid Managed Care Advisory Committee; §351.821, concerning Value-Based Payment and Quality Improvement Advisory Committee; §351.823, concerning e-Health Advisory Committee; §351.825, concerning Texas Brain Injury Advisory Council; and §351.827, concerning Palliative Care Interdisciplinary Advisory Council
      8. HHSC, on behalf of DSHS, proposes the repeal of §37.350, concerning Texas School Health Advisory Committee and new §3.1, concerning Texas School Health Advisory Committee
      9. HHSC proposes an amendment to a rule in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter C, Operations that are Exempt from Regulation, Division 2, concerning Exemptions from Regulation
      10. HHSC proposes the repeal of rules in Title 25: Chapter 31, Subchapter B, Farmers' Market Nutrition Program; and Chapter 417, Subchapter A, Standard Operating Procedures and Subchapter K, Abuse, Neglect, and Exploitation in TDMHMR Facilities; and Title 40: Chapter 4, Subchapter A, Protected Health Information; Chapter 5, Provider Clinical Responsibilities--Intellectual Disability Services; Chapter 7, Disability Services Aging Services Administrative Responsibilities; Chapter 72, Subchapter L, MOU--Capacity Assessment for Self Care and Financial Management; Chapter 77, Employment Practices; and Chapter 101, Subchapter A, General Rules; Subchapter B, Historically Underutilized Businesses; Subchapter D, Privacy and Confidentiality; and Subchapter F, Memoranda of Understanding with Other State Agencies
      11. DSHS proposes rule repeals in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapter T, Licensure of Tanning Facilities
      12. HHSC proposes amendments to rules and a new rule in TAC, Title 26, Part 1, Chapter 511, Limited Services Rural Hospitals
      13. HHSC proposes repeal of rules in TAC, Title 25, Part 1, Chapter 117, concerning End Stage Renal Disease Facilities, and new rules in TAC, Title 26, Part 1, Chapter 507, concerning End Stage Renal Disease Facilities
    3. Not yet submitted to the Texas Register for APA public comment
      1. DSHS proposes amendment to a rule in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter F, concerning Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies
  4. Advisory committee recommendations*
    1. None
  5. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. None
    2. Adoptions that are effective
      1. Title 1 Statute Citation Updates, Effective 4/1/25
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#18 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#20 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#29 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#46 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#54 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#56 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#58 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#62 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#64 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#66 
        https://www.sos.texas.gov/texreg/archive/February142025/Adopted%20Rules/1.ADMINISTRATION.html#69 
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/1.ADMINISTRATION.html#55
      2. Jail-Based Competency Restoration, Effective 2/23/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#129
      3. Behavioral Health Authority Services-Telecommunications and Admission, Continuity, and Discharge, Effective 2/23/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#114
      4. Vocational Rehabilitation Program Repeal, Effective 2/23/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#134
      5. Animal Share and Labeling of Cell-Cultured Food Products, Effective 2/25/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/25.HEALTH%20SERVICES.html#107
      6. Medicaid Home Telemonitoring Services, Effective 2/27/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/1.ADMINISTRATION.html#63
      7. Deaf Blind With Multiple Disabilities Abuse, Neglect, and Exploitation Requirements, Effective 2/27/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#110
      8. Texas Incentives for Physicians and Professional Services, Effective 2/27/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/1.ADMINISTRATION.html#60
      9. Teledentistry Dental Services, Effective 3/3/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/25.HEALTH%20SERVICES.html#101
      10. Department of State Health Services Statute Citation Updates, Effective 4/1/25
        https://www.sos.texas.gov/texreg/archive/February212025/Adopted%20Rules/25.HEALTH%20SERVICES.html#103
      11. Population Requirements for Certain Exempt Programs, Effective 3/10/25
        https://www.sos.texas.gov/texreg/archive/March72025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#92
      12. Court Appointed Volunteer Advocate Program, Effective 3/10/25
        https://www.sos.texas.gov/texreg/archive/March72025/Adopted%20Rules/1.ADMINISTRATION.html#49
      13. Office Of Inspector General Statute Citation Updates, Effective 4/1/25
        https://www.sos.texas.gov/texreg/archive/March72025/Adopted%20Rules/1.ADMINISTRATION.html#39
      14. High-Cost Clinician Administered Drugs Outpatient Hospital Reimbursement, Effective 3/25/25
        https://www.sos.texas.gov/texreg/archive/March212025/Adopted%20Rules/1.ADMINISTRATION.html#51
      15. Health and Human Services Commission Statute Citation Updates, Effective 4/1/25
        https://www.sos.texas.gov/texreg/archive/March282025/Adopted%20Rules/25.HEALTH%20SERVICES.html#75
      16. DSH, UC, HARP, and CHIRP Methodologies, Effective 4/2/25
        https://www.sos.texas.gov/texreg/archive/March282025/Adopted%20Rules/1.ADMINISTRATION.html#47
      17. Office of Ombudsman Consolidation of Governing Statutes, Effective 4/3/25
        https://www.sos.texas.gov/texreg/archive/March282025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#80
      18. ICF-IID Reimbursement Methodology, Effective 4/14/25
        https://www.sos.texas.gov/texreg/archive/April112025/Adopted%20Rules/1.ADMINISTRATION.html#12
      19. STAR Health 2023 Service Coordination Changes, Effective 4/14/25
        https://www.sos.texas.gov/texreg/archive/April112025/Adopted%20Rules/1.ADMINISTRATION.html#10
      20. Managed Care Fee-For-Service Equivalent Rate Methodologies, Effective 4/14/25
        https://www.sos.texas.gov/texreg/archive/April112025/Adopted%20Rules/1.ADMINISTRATION.html#14
      21. Prohibition of Provider Discrimination for Immunization Status, Effective 4/29/25
        https://www.sos.texas.gov/texreg/archive/April252025/Adopted%20Rules/1.ADMINISTRATION.html#75
      22. Community Services Advisory Committees, Effective 5/4/25
        https://www.sos.texas.gov/texreg/archive/April252025/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#159
      23. CLASS Abuse, Neglect, and Exploitation Requirements, Effective 5/13/25
        https://www.sos.texas.gov/texreg/archive/May92025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#91
      24. Family Violence Program and Services, Effective 5/20/25
        https://www.sos.texas.gov/texreg/archive/May162025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#97
      25. General Physician and EPSDT Update, Effective 5/22/25
        https://www.sos.texas.gov/texreg/archive/May162025/Adopted%20Rules/1.ADMINISTRATION.html#70
      26. Case Management for Children and Pregnant Women, Effective 5/29/25
        https://www.sos.texas.gov/texreg/archive/May232025/Adopted%20Rules/25.HEALTH%20SERVICES.html#87 
        https://www.sos.texas.gov/texreg/archive/May232025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#93
      27. Independent Living Services, Effective 6/3/25
        https://www.sos.texas.gov/texreg/archive/May302025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#77
      28. Radiation Safety Requirements for Mammography Machines, Published 6/6/25, Effective 6/8/25
  6. Adjourn

*Public comment will be taken on these agenda items during this meeting. 
†The public comment period required by Sec. 2001.029, Tex. Gov’t Code, has ended as of the date of this meeting and written comments may no longer be submitted as provided by that statute and the posting of the rule proposals in the Texas Register. However, comments may be provided at this meeting pursuant to Sec. 523.0102, Tex. Gov’t Code.
‡The public comment period required by Sec. 2001.029, Tex. Gov’t Code, has not ended as of the date of this meeting and written comments may be submitted as provided by that statute and the posting of the rule proposals in the Texas Register. Comments may also be provided at this meeting pursuant to Sec. 523.0102, Tex. Gov’t Code.

The HHSC Executive Council will only review items listed on the agenda.

Public Comment: HHSC welcomes public comments pertaining to topics related to above agenda item 3. Members of the public who would like to provide public comment on this item may choose from the following options:

  1. Oral comments provided virtually: Members of the public must pre-register to provide oral comments virtually during the meeting by completing a Public Comment Registration form at https://texashhsmeetings.org/HHSCExecCouncil_PCReg_JUN2025 no later than 5:00 p.m., Tuesday, June 10, 2025. Please mark the correct box on the Public Comment Registration form and provide your name, either the organization you are representing or that you are speaking as a private citizen, and your direct phone number. If you have completed the Public Comment Registration form, you will receive an email the day before the meeting with instructions for providing virtual public comment. Public comment is limited to three minutes. Each speaker providing oral public comments virtually must ensure their face is visible and their voice audible to the other participants while they are speaking. Each speaker must state their name and on whose behalf they are speaking (if anyone). If you pre-register to speak and wish to provide a handout before the meeting, please submit an electronic copy in accessible PDF format that will be distributed by HHS staff to council members and state staff. Handouts are limited to two pages (paper size: 8.5” by 11”, one side only). Handouts must be emailed to ACCO_CommitteeFacilitation@hhs.texas.gov immediately after pre-registering, but no later than 5:00 p.m., June 10, 2025, and include the name of the person who will be commenting. Do not include health or other confidential information in your comments or handouts. Staff will not read handouts aloud during the meeting, but handouts will be provided to council members and state staff.
     
  2. Oral comments provided in-person at the meeting location: Members of the public may provide oral public comment during the meeting in person at the meeting location either by pre-registering using the form above or without pre-registering by completing a form at the entrance to the meeting room. Do not include health or other confidential information in your comments.

Contact: Questions regarding agenda items, content, or meeting arrangements should be directed to Tessa Buck-Ragland, HHSC Executive Council liaison, at 512-960-5039 or ACCO_CommitteeFacilitation@hhs.texas.gov.

This meeting is open to the public. No reservations are required, and there is no cost to attend this meeting.

People who want to attend the meeting and require assistance with technology or services should contact Tessa Buck-Ragland at ACCO_CommitteeFacilitation@hhs.texas.gov or 512-960-5039 at least 72 hours before the meeting so arrangements can be made.