Proposed Rules

Formal Comments via the Texas Register

To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State. Interested parties then can review and comment on the proposed rule. The Secretary of State publishes a new issue of the Texas Register each Friday.

The Administrative Procedure Act (Texas Government Code, Chapter 2001) requires the notice published in the Texas Register to include a brief explanation of the proposed rule and a request for comments from any interested person. The notice also includes instructions for submitting comments regarding the rule to the agency, including the date by which comments must be submitted. Agencies must give interested persons "a reasonable opportunity" to submit comments. The public comment period begins on the day after the notice of a proposed rule is published in the Texas Register and lasts for a minimum of 30 calendar days.

Below is a list of proposed rules that have been published in the Texas Register. The proposed rules that are published in the Texas Register are open for public comment until the end of the comment period.
Title Project No., Description Contact Comment End Date
#20R100: Stroke Facility Designation and Trauma Service Areas
EMS/Trauma Systems Section
10/25/21
#20R082: Electronic Visit Verification Payment Recoupments
HHS Rules Coordination Office
10/25/21
#19R021: Updates to Inflation and Cost Adjustment Methods
HHSC Provider Finance
10/18/21
#21R060: Medicaid Administrative Claiming Program Rule Revision with Aging and Disability Resource Centers Addition
HHS MAC Team
10/18/21
#21R099: Assessment of Administrative Penalties
Lewis Ressler
10/18/21
#20R094: Charges for Services in State Facilities
HHSC
10/18/21
#20R094: Charges for Services in State Facilities
HHSC
10/18/21
#20R094: Charges for Services in State Facilities
HHSC
10/18/21
#20R085: Waiver Program Interest Lists
HHS Rules Coordination Office
10/18/21
#20R085: Waiver Program Interest Lists
HHS Rules Coordination Office
10/18/21
#20R085: Waiver Program Interest Lists
HHS Rules Coordination Office
10/18/21
#20R085: Waiver Program Interest Lists
HHS Rules Coordination Office
10/18/21
#21R066: Continuity of Services - HSCS Facilities
HHSC
10/11/21
#21R066: Continuity of Services - HSCS Facilities
HHSC
10/11/21
#21R066: Continuity of Services - HSCS Facilities
HHSC
10/11/21
#21R127: Nurse Aide Transition
Kayla Lail
10/11/21
#21R042: Medication Aide Legislative Implementation
HHS Long-term Care Regulatory
10/11/21
#21R123: Fee Waivers for Vital Statistics
HHS Rules Coordination Office
10/11/21

Draft Rules

Informal Comments

Informal opportunities to comment occur before a rule is published in the Texas Register. HHS staff may solicit informal public and stakeholder input by:

  • inviting stakeholders to submit comments on potential rule changes during rule development.
  • sharing a draft rule with stakeholders for review.
  • using existing HHS advisory committees to comment on rules.

The following are draft rules on which HHS is accepting informal public or stakeholder input. All rules are posted in MS Word format unless otherwise noted.

Title Project No. Contact Comment Start Date Comment End Date
Title 1, Chapter 351, Subchapter B, Division 1, Section 351.807 amendment, concerning Behavioral Health Advisory Committee
#21R111
Adriana Flores 9/14/21
9/28/21
Title 40, Chapter 91 repeal and new Title 26, Chapter 110, concerning Hearings Under the Administrative Procedure Act
#21R045
Josie Esparza 9/14/21
9/28/21

Comment on Proposed & Draft Rules