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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 357, concerning Independent Living Services 24R075

The rules remove references to the Department of Assistive and Rehabilitative Services (DARS) as the state agency overseeing the Independent Living Services Program and replaces them with the Texas Health and Human Services Commission (HHSC). HHSC is also changing the term to "person" or "people" to describe clients. To be eligible for services, a person must be a Texas resident. A new rule says that service providers must follow certain standards and makes it clear that they are responsible for any services they hire others to do.

Statute: Texas Human Resources Code, Chapter 117

 2/7/25–3/10/25
Title 1 TAC, Chapter 355, concerning General Physician and Early and Periodic Screening, Diagnosis, and Treatment Update 24R091

The rules add certain providers who provide services for autism to the list of eligible providers. The rule also describes how the payment rates are set for the providers’ services. Other edits make the rules match federal rules and easier to understand. 

 1/31/25–3/3/25
Title 1 TAC, Chapter 355, concerning Electronic Visit Verification and Employment Readiness Services 24R067

The rule changes clarify that some services are offered in both in-home and out-of-home settings. These changes reflect policies that require the use of electronic records. The changes also add payment rates for employment readiness services.

Required by: House Bill 4169, 88th Legislature, Regular Session, 2023

 1/24/25–2/24/25
Title 1 TAC, Chapter 355 concerning Nurse Residency Program 25R009

The rule creates a payment program for nurse residency programs for providers who accept Medicaid.

 1/24/25–2/24/25

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.