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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 25 TAC, Chapter 289, concerning Licensing of Radioactive Material #23R048

An amendment to the rule is necessary to comply with United States Nuclear Regulatory Commission regulations. The amendment updates training and reporting requirements, licensing provisions and the calculation method for determining when aggregate radionuclides exceed protection standard thresholds. The amendment also clarifies rule language and incorporates plain language, where appropriate.

Federal Regulations: Titles 10, 21, 27, 28, 42, and 49 Code of Federal Regulations

Statute: Texas Health and Safety Code Chapters 401 and 1001, and Texas Government Code Chapter 531

7/19/24–8/19/24
Title 25 TAC, Chapter 229, concerning Labeling of Analogue Food Products #23R080

These rules define analogue food products and outline the labeling required for analogue food products. The new rules clarify the labeling requirements for analogue food products. Consumers will be clearly informed of the product contents.

Statute: Texas Health and Safety Code §431.0805 and §431.082

Required by: Senate Bill 664, 88th Regular Session, 2023

7/19/24–8/19/24
Title 26 TAC, Chapter 509, concerning Sexual Assault Response Training and Prohibited Discharge #24R002

The rules tell hospitals, private psychiatric hospitals, and crisis stabilization units when they can release patients to group-centered facilities. The rules tell hospitals and freestanding emergency medical care facilities to make sure staff who treat survivors of sexual assault have special training.

Required by: Senate Bill 186 and Senate Bill 1402, 88th Legislature, Regular Session, 2023

7/19/24–8/19/24
Title 26 TAC, Chapter 510, concerning Sexual Assault Response Training and Prohibited Discharge #24R002

The rules tell hospitals, private psychiatric hospitals, and crisis stabilization units when they can release patients to group-centered facilities. The rules tell hospitals and freestanding emergency medical care facilities to make sure staff who treat survivors of sexual assault have special training.

Required by: Senate Bill 186 and Senate Bill 1402, 88th Legislature, Regular Session, 2023

7/19/24–8/19/24
Title 26 TAC, Chapter 511, concerning Sexual Assault Response Training and Prohibited Discharge #24R002

The rules tell hospitals, private psychiatric hospitals, and crisis stabilization units when they can release patients to group-centered facilities. The rules tell hospitals and freestanding emergency medical care facilities to make sure staff who treat survivors of sexual assault have special training.

Required by: Senate Bill 186 and Senate Bill 1402, 88th Legislature, Regular Session, 2023

7/19/24–8/19/24
Title 25 TAC, Chapter 133, concerning Sexual Assault Response Training and Prohibited Discharge #24R002

The rules tell hospitals, private psychiatric hospitals, and crisis stabilization units when they can release patients to group-centered facilities. The rules tell hospitals and freestanding emergency medical care facilities to make sure staff who treat survivors of sexual assault have special training.

Required by: Senate Bill 186 and Senate Bill 1402, 88th Legislature, Regular Session, 2023

7/19/24–8/19/24
Title 26 TAC, Chapter 568, concerning Psychiatric Hospital Admission Restrictions and Medication Monitoring #24R017

The rules allow a mental hospital to admit a person only if the hospital has room.

The rules tell hospitals what to do if they give a patient psychoactive medication. The rules let hospitals give psychoactive medication without a patient’s consent only if a doctor orders the medication. The rules tell hospitals they have to check on a patient if they give them psychoactive medication.

The rules tell hospitals to train their staff on giving psychoactive medication. The rules tell hospitals they have to put certain information in the patient’s record.

Required by: Senate Bill 26, 88th Regular Session, 2023

7/19/24–8/19/24
Title 26 TAC, Chapter 746, concerning Licensed Child-Care Center Interim Director #24R027

The rules set new requirements for a child-care center operating under an initial license. The child-care center can choose an interim director who must have all qualifications except for educational requirements. The rules also clarify that an interim director certificate expires. The rules will increase the number of director candidates for new operations. This could add licensed child-care space in areas where it is hard to find qualified directors.

Statute: Texas Human Resources Code §42.04201 and §42.0761(a)

Required by: Senate Bill 1327, 88th Regular Session, 2023

7/19/24–8/19/24
Title 26 TAC, Chapter 745, concerning Transfer of Certain Investigations to HHS Provider Investigations #24R033

The rules clarify information related to inspections and investigations. The rules say who can inspect, what they may look at, and an operation's responsibilities. The rules also say how to report abuse, neglect, or exploitation. Non-substantive changes improve readability and understanding. Increased statutory compliance will benefit the public.

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

7/19/24–8/19/24
Title 26 TAC, Chapter 748, concerning Transfer of Certain Investigations to HHS Provider Investigations #24R033

The rules clarify information related to inspections and investigations. The rules say who can inspect, what they may look at, and an operation's responsibilities. The rules also say how to report abuse, neglect, or exploitation. Non-substantive changes improve readability and understanding. Increased statutory compliance will benefit the public.

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

7/19/24–8/19/24
Title 26 TAC, Chapter 749, concerning Transfer of Certain Investigations to HHS Provider Investigations #24R033

The rules clarify information related to inspections and investigations. The rules say who can inspect, what they may look at, and an operation's responsibilities. The rules also say how to report abuse, neglect, or exploitation. Non-substantive changes improve readability and understanding. Increased statutory compliance will benefit the public.

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

7/19/24–8/19/24
Title 1 TAC, Chapter 375, concerning Refugee Program #24R034

This proposal removes rules that are no longer necessary after the State of Texas' withdrawal from the administration of the federally funded refugee services and benefits program, and clarifies rules related to the refugee resettlement program.

7/19/24–8/19/24
Title 1 TAC, Chapter 376, concerning Refugee Program #24R034

This proposal removes rules that are no longer necessary after the State of Texas' withdrawal from the administration of the federally funded refugee services and benefits program, and clarifies rules related to the refugee resettlement program.

7/19/24–8/19/24
Title 26 TAC, Chapter 745, concerning Child Care Administrators License Implementation #24R035

HHSC is changing the rule to make a person ineligible to apply for another administrator’s license for five years after the date HHSC refuses to renew the administrator’s license.

Required by: House Bill 4170, 88th Regular Session, 2023

7/19/24–8/19/24
Title 1 TAC, Chapter 351, concerning Policy Council for Children and Families (PCCF) #24R037

The proposal extends the Policy Council for Children and Families (PCCF) by four years and updates the rule to align with current HHSC advisory committee rule template guidelines. PCCF provides a setting for families to discuss and recommend how to improve services for children with disabilities and their families. The PCCF addresses the needs of families of children with disabilities and special health care needs.

Statute: Texas Government Code §531.012

7/19/24–8/19/24
Title 1 TAC, Chapter 351, concerning State Medicaid Managed Care Advisory Committee Abolishment Date #24R043

The proposal extends the abolishment date for the State Medicaid Managed Care Advisory Committee from December 31, 2024, to December 31, 2028. The rule amendment also clarifies training requirements for members, adds a subsection to describe when HHSC may reimburse a member for travel, and clarifies existing membership and meeting requirements.

Statute: Texas Government Code §531.0055 and §531.012

7/19/24–8/19/24
Title 1 TAC, Chapter 353, concerning Participation in Special Disease Management Programs in Medicaid #24R048

HHSC is changing a rule to add definitions and guidance for Medicaid managed care organizations (MCOs) that run Special Disease Management programs. This rule change will provide clarity and direction to MCOs on the rule requirements. Special Disease Management programs help people, who get Medicaid services from an MCO and have certain diseases or conditions, to know what to do to get better.

Statute: Texas Government Code §533.009(c)(3)

Required by: House Bill 2658, 87th Regular Session, 2021

7/19/24–8/19/24
Title 25 TAC, Chapter 140, concerning Military Service Member, Spouse, and Veteran License Procedures #24R062

The rule allows military members, spouses, and veterans to work as licensed chemical dependency counselors in Texas if they are licensed in a different state.

Required by: Senate Bill 422, 88th Regular Session, 2023 

7/19/24–8/19/24
Title 1 TAC, Chapter 353, concerning (TIPPS) Pay-for-Performance Quality Reporting #24R069

The Texas Incentives for Physicians and Professional Services (TIPPS) program has been redesigned to pay certain eligible providers based on their performance on quality metrics. This update puts in place the quality reporting needed to pay the providers based on their performance. 
 

7/19/24–8/19/24
Title 25 TAC, Chapter 229, concerning Cosmetics, Over-the-Counter Drugs, and Prescription Drugs #22R108

The rules reflect current federal law, statute, and rule references. The amendments revise and add definitions to clarify intent and improve compliance. The amendments update addresses and websites, revise grammar and formatting, add clarity to the rule language, and ensure consistency.

Statute: Texas Health and Safety Code Chapters 431, 481, 483 and Texas Occupations Code §562.154

DSHS Consumer Protection Division 6/14/24–7/15/24
Title 25 TAC, Chapter 289, concerning Radiation Safety Related to Use of Digital Output Personnel Dosimeters #23R011

Amendments to the rules are necessary to comply with United States Nuclear Regulatory Commission regulations, which include updates to the requirements for using individual digital monitoring devices. Additional updates are made to comply with the Texas Health and Human Services Commission’s plain-language policy.

Statute: Texas Health and Safety Code Chapters 401 and 1001 and Texas Government Code Chapter 531

DSHS Consumer Protection Division 6/14/24–7/15/24
Title 25 TAC, Chapter 289, concerning Radiation Safety Requirements for Accelerators, Therapeutic Radiation Machines, Simulators, and Electronic Brachytherapy Devices #23R013

The section is amended to improve the safety, quality, and effectiveness of accelerator facilities and how they operate by simplifying definitions, addressing new technology, and providing additional options for quality assurance systems. The changes amend rules for individuals using accelerators, computed tomography units used in simulation, and safety interlock requirements for add-on equipment. The rules for veterinary facilities were moved to a separate section in this chapter. Other changes are made to make the rule clearer.

Statute: Texas Government Code §531.0055, Texas Health and Safety Code §1001.075, and Texas Health and Safety Code Chapter 401 (the Texas Radiation Control Act)

DSHS Radiation Program 6/14/24–7/15/24
Title 1 TAC, Chapter 371, concerning OIG Inspections Procedures #23R031

Texas Health and Human Services Commission (HHSC) is proposing a rule to describe how the Office of Inspector General (OIG) inspects providers. The rule proposal describes how the OIG will ask for records, conduct an inspection, prepare reports, and how providers can appeal. This rule proposal will help health care providers know more about OIG inspections. The rule proposal also helps make sure OIG inspections of health care providers are done as efficiently as possible.

Statute: Texas Government Code §531.102
 

HHS Office of Inspector General - Chief Counsel Division 6/14/24–7/15/24
Title 26 TAC, Chapter 550, concerning Prescribed Pediatric Extended Care Centers #23R061

This proposal updates references and licensing processes resulting from the transformation from the Texas Department of Aging and Disability Services to Texas Health and Human Services Commission (HHSC). This proposal requires a facility to suspend an employee HHSC has placed on the Employee Misconduct Registry during any appeals. It also clarifies which staff accompany minors during transportation and how that is determined.

Required by: House Bill 1009 and House Bill 3550, 88th Legislature, Regular Session, 2023

HHSC Long-term Care Regulation Rules 6/14/24–7/15/24
Title 26 TAC, Chapter 506, concerning Advance Directives #24R003

The rules require facilities to inform HHSC if they have a meeting about a doctor's refusal to follow certain patients' directions and specifies what and when to report to HHSC. The rules also require HHSC to compile and protect the information. The rules correct outdated information and references in the rules.

Statutes: Texas Health and Safety Code §166.046, §166.0465, §166.052, §166.054, §166.203, §166.204, and §166.205

Required by: House Bill 3162, 88th Regular Session, 2023 

HHSC Health Care Regulation Policies and Rules 6/14/24–7/15/24
Title 25 TAC, Chapter 133, concerning Advance Directives #24R003

The rules require facilities to inform HHSC if they have a meeting about a doctor's refusal to follow certain patients' directions and specifies what and when to report to HHSC. The rules also require HHSC to compile and protect the information. The rules correct outdated information and references in the rules.

Statutes: Texas Health and Safety Code §166.046, §166.0465, §166.052, §166.054, §166.203, §166.204, and §166.205

Required by: House Bill 3162, 88th Regular Session, 2023 

HHSC Health Care Regulation Policies and Rules 6/14/24–7/15/24
Title 1 TAC, Chapter 354, concerning Medicaid Adult Vaccines #24R026

The rule will allow immunizations for travel to or from foreign countries to be included as a benefit in the Texas Medicaid Program for adults. This change is needed to be consistent with federal law.

Federal Law:  Inflation Reduction Act (Public Law 117-169) 
 

HHSC HHS Rules Coordination Office 6/14/24–7/15/24

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.