Comment on Proposed and Draft Rules

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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 has 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 usually lasts for 31 calendar days. Links to rules will be added once they are published in the Texas Register.

Title Project No. Summary Contact Comment Period
Title 26 TAC, Chapter 556, concerning Nursing Facility, Nursing Facility Administrator, Nurse, and Medication Aides #23R071

These rules implement four bills recently passed by the Texas legislature. They decrease the amount of time nursing facilities (NFs) are allowed to complete trust fund corrective actions, require the use of the online portal (TULIP) rather than paper processes, and update language. House Bill 1009 required NFs to suspend employees accused to abuse, neglect, or exploitation. House Bill 4123 established HHSC’s authority to obtain criminal history background checks through fingerprinting. Senate Bill 240 required NFs to implement a workplace violence prevention committee and policies and procedures. Senate Bill 681 exempted NF administrators, nurse aides, and medication aides from Occupations Code, Chapter 53 (related to criminal offenses barring licensure).

Required by: House Bills 1009 and 4123 and Senate Bills 240 and 681, 88th Regular Session, 2023

3/29/24–4/29/24
Title 26 TAC, Chapter 557, concerning Nursing Facility, Nursing Facility Administrator, Nurse, and Medication Aides #23R071

These rules implement four bills recently passed by the Texas legislature. They decrease the amount of time nursing facilities (NFs) are allowed to complete trust fund corrective actions, require the use of the online portal (TULIP) rather than paper processes, and update language. House Bill 1009 required NFs to suspend employees accused to abuse, neglect, or exploitation. House Bill 4123 established HHSC’s authority to obtain criminal history background checks through fingerprinting. Senate Bill 240 required NFs to implement a workplace violence prevention committee and policies and procedures. Senate Bill 681 exempted NF administrators, nurse aides, and medication aides from Occupations Code, Chapter 53 (related to criminal offenses barring licensure).

Required by: House Bills 1009 and 4123 and Senate Bills 240 and 681, 88th Regular Session, 2023

HHSC Long-term Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapter 554, concerning Nursing Facility, Nursing Facility Administrator, Nurse, and Medication Aides #23R071

These rules implement four bills recently passed by the Texas legislature. They decrease the amount of time nursing facilities (NFs) are allowed to complete trust fund corrective actions, require the use of the online portal (TULIP) rather than paper processes, and update language. House Bill 1009 required NFs to suspend employees accused to abuse, neglect, or exploitation. House Bill 4123 established HHSC’s authority to obtain criminal history background checks through fingerprinting. Senate Bill 240 required NFs to implement a workplace violence prevention committee and policies and procedures. Senate Bill 681 exempted NF administrators, nurse aides, and medication aides from Occupations Code, Chapter 53 (related to criminal offenses barring licensure).

Required by: House Bills 1009 and 4123 and Senate Bills 240 and 681, 88th Regular Session, 2023

HHSC Long-term Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapter 555, concerning Nursing Facility, Nursing Facility Administrator, Nurse, and Medication Aides #23R071

These rules implement four bills recently passed by the Texas legislature. They decrease the amount of time nursing facilities (NFs) are allowed to complete trust fund corrective actions, require the use of the online portal (TULIP) rather than paper processes, and update language. House Bill 1009 required NFs to suspend employees accused to abuse, neglect, or exploitation. House Bill 4123 established HHSC’s authority to obtain criminal history background checks through fingerprinting. Senate Bill 240 required NFs to implement a workplace violence prevention committee and policies and procedures. Senate Bill 681 exempted NF administrators, nurse aides, and medication aides from Occupations Code, Chapter 53 (related to criminal offenses barring licensure).

Required by: House Bills 1009 and 4123 and Senate Bills 240 and 681, 88th Regular Session, 2023

HHSC Long-term Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapters 745, concerning New Affidavit Requirement for Child-Care Facilities #23R076

The rules require a pre-employment affidavit for any person applying for a position at a child-care facility that discloses whether the person was charged, adjudicated, or convicted of having an inappropriate relationship with a minor. The rules also provide better alignment with Texas Human Resources Code. The public benefit will be enhanced safety at child-care facilities.

Required by: Senate Bill 1469, 88th Regular Session, 2023

HHSC Child Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapters 748, concerning New Affidavit Requirement for Child-Care Facilities #23R076

The rules require a pre-employment affidavit for any person applying for a position at a child-care facility that discloses whether the person was charged, adjudicated, or convicted of having an inappropriate relationship with a minor. The rules also provide better alignment with Texas Human Resources Code. The public benefit will be enhanced safety at child-care facilities.

Required by: Senate Bill 1469, 88th Regular Session, 2023

HHSC Child Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapters 744, concerning New Affidavit Requirement for Child-Care Facilities #23R076

The rules require a pre-employment affidavit for any person applying for a position at a child-care facility that discloses whether the person was charged, adjudicated, or convicted of having an inappropriate relationship with a minor. The rules also provide better alignment with Texas Human Resources Code. The public benefit will be enhanced safety at child-care facilities.

Required by: Senate Bill 1469, 88th Regular Session, 2023

HHSC Child Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapters 746, concerning New Affidavit Requirement for Child-Care Facilities #23R076

The rules require a pre-employment affidavit for any person applying for a position at a child-care facility that discloses whether the person was charged, adjudicated, or convicted of having an inappropriate relationship with a minor. The rules also provide better alignment with Texas Human Resources Code. The public benefit will be enhanced safety at child-care facilities.

Required by: Senate Bill 1469, 88th Regular Session, 2023

HHSC Child Care Regulation Rules 3/15/24–4/15/24
Title 26 TAC, Chapters 747, concerning New Affidavit Requirement for Child-Care Facilities #23R076

The rules require a pre-employment affidavit for any person applying for a position at a child-care facility that discloses whether the person was charged, adjudicated, or convicted of having an inappropriate relationship with a minor. The rules also provide better alignment with Texas Human Resources Code. The public benefit will be enhanced safety at child-care facilities.

Required by: Senate Bill 1469, 88th Regular Session, 2023

HHSC Child Care Regulation Rules 3/15/24–4/15/24
Title 1 TAC, Chapter 382, concerning Women’s Health Services #21R082

HHSC is updating the Healthy Texas Women (HTW) and Family Planning Program (FPP) rules to incorporate eligibility and other Medicaid requirements to comply with the HTW Section 1115 Demonstration; to add HTW Plus requirements and benefits; and to require women in HTW to receive referrals to the Primary Health Care Program. The rule makes conforming amendments to FPP rules where necessary and updates covered and non-covered services for HTW and FPP.

HHS Rules Coordination Office 3/8/24–4/8/24
Title 26 TAC, Chapter 559, concerning Day Activity and Health Services Modernization and Reorganization #22R117

This project reorganizes rule sections to add clarity, update references, and make key topics easier to find. It also updates rules to reflect current practices and changes in service delivery, licensure requirements, and enforcement procedures. This proposal requires a facility to suspend an employee reported to the Employee Misconduct Registry during any appeals. It also requires HHSC to perform an inspection after receiving a complaint alleging abuse, neglect, or exploitation within a set number of days.

Required by: House Bill 1009 and House Bill 4696, 88th Regular Session, 2023

HHSC Long-term Care Regulation Rules 3/8/24–4/8/24

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.
Title Project No. / Description Contact Comment End Date
Title 26, Chapter 307, concerning Jail-Based Competency Restoration #23R078 HHSC BHS Rules 3/28/24
Figure for Title 25, Chapter 221, concerning Animal Share and Labeling of Cell-Cultured Food Products #23R055 DSHS Meat Regulatory 3/22/24
Figure for Title 25, Chapter 221, concerning Animal Share and Labeling of Cell-Cultured Food Products #23R055 DSHS Meat Regulatory 3/22/24
Title 25, Chapter 221, concerning Animal Share and Labeling of Cell-Cultured Food Products #23R055 DSHS Meat Regulatory 3/22/24
Figure for Title 25, Chapter 221, concerning Animal Share and Labeling of Cell-Cultured Food Products #23R055 DSHS Meat Regulatory 3/22/24
Title 26, Chapter 564, concerning Substance Misuse Educational Program #24R016 HHSC Health Care Regulation Policies and Rules 3/21/24
Title 26, Chapter 559, concerning Individualized Skills and Socialization Licensure Rules #24R021 HHSC LTCR Rules 3/21/24