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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 1 TAC, Chapter 371, concerning OIG Retrospective Payment Review Procedures #23R032

This rule describes the Office of Inspector General (OIG) procedures for certain payment reviews. The rule describes record requests, review processes, notices, and appeals. This rule will help health care providers know more about OIG reviews. This rule will also help the OIG do its job reviewing health care providers who get paid more than they should under Medicaid rules.

Statute: Texas Government Code §531.102

HHS Office of Inspector General - Chief Counsel Division 2/16/24–3/18/24
Title 26 TAC, Chapter 307, concerning Behavioral Health Partnership Program #23R073

HHSC created new rules for the staff of local mental health authorities or local behavioral health authorities. These providers will be able to request a waiver to hire certain social workers or professional counselors if a qualified mental health professional is not available.

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

HHS Rules Coordination Office 2/16/24–3/18/24
Title 1 TAC, Chapter 354, concerning Extending Postpartum Coverage #24R001

The rules provide 12 months of postpartum coverage to all women receiving Medicaid and to children in the Children’s Health Insurance Program at the time their pregnancy ends. These rules, by providing additional months of postpartum coverage, could potentially result in improved health outcomes for the women and children and better birth outcomes in subsequent pregnancies.

Another rule extends eligibility in the Former Foster Care Children's Program to people who received Medicaid when they aged out of foster care in any state at age 18 or older until their 26th birthday.

Statute: Texas Human Resources Code, Section 32.024 (l-1)(2); Section 1002 of Public Law 115-271, Substance Use Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act).

Required by: House Bill 12, 88th Regular Session, 2023

HHS Rules Coordination Office 2/9/24–3/11/24
Title 1 TAC, Chapter 366, concerning Extending Postpartum Coverage #24R001

Medicaid and to children in the Children’s Health Insurance Program at the time their pregnancy ends. These rules, by providing additional months of postpartum coverage, could potentially result in improved health outcomes for the women and children and better birth outcomes in subsequent pregnancies.

Another rule extends eligibility in the Former Foster Care Children's Program to people who received Medicaid when they aged out of foster care in any state at age 18 or older until their 26th birthday.

Statute: Texas Human Resources Code, Section 32.024 (l-1)(2); Section 1002 of Public Law 115-271, Substance Use Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act).

Required by: House Bill 12, 88th Regular Session, 2023

HHS Rules Coordination Office 2/9/24–3/11/24
Title 1 TAC, Chapter 370, concerning Extending Postpartum Coverage #24R001

Medicaid and to children in the Children’s Health Insurance Program at the time their pregnancy ends. These rules, by providing additional months of postpartum coverage, could potentially result in improved health outcomes for the women and children and better birth outcomes in subsequent pregnancies.

Another rule extends eligibility in the Former Foster Care Children's Program to people who received Medicaid when they aged out of foster care in any state at age 18 or older until their 26th birthday.

Statute: Texas Human Resources Code, Section 32.024 (l-1)(2); Section 1002 of Public Law 115-271, Substance Use Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act).

Required by: House Bill 12, 88th Regular Session, 2023

HHS Rules Coordination Office 2/9/24–3/11/24
Title 26 TAC, Chapter 307, Subchapter G, concerning Mental Health Grant Program for Justice-Involved Individuals and Rural Initiatives Grant Program #24R007

The proposed rules describe the Mental Health Grant Program for Justice-Involved Individuals and the Rural Initiatives Grant Program. The rules include who may apply for a grant, the process to apply, and how grants will be awarded. The rules say what will be in a contract for the grant and what HHSC does to monitor their use of the grant money. The grant programs will give more Texans access to behavioral health care in their local community.
 

Statute: Texas Government Code §531.0993(d-1), (d-2) and §531.09936
 

Required by Senate Bill 1677, 88th Regular Session, 2023

HHS Rules Coordination Office 2/9/24–3/11/24
Title 26 TAC, Chapter 88, concerning the State Long-Term Care Ombudsman Program #23R030

The proposed rules are needed to align with federal law and codify existing agency policies and procedures. The proposed rules implement a change to the federal Older Americans Act about federal funds spent on the Ombudsman Program. The proposed rules add language and new requirements for local ombudsman programs stemming from federal rules and the Act, as well as the HHSC Ombudsman Policies and Procedures Manual. The proposed rules add standards to measure compliance with Ombudsman Program rules. The proposed rules describe actions that may be taken if Ombudsman Program rules are not followed.

Federal Law: Older Americans Act §306(a)(9) 

HHS Office of the State Long-Term Care Ombudsman 2/2/24–3/4/24
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 1/26/24–2/26/24
Title 1 TAC, Chapter 351, concerning the Texas Brain Injury Advisory Council Chapter Extension #23R023

HHSC is making changes to the Texas Brain Injury Advisory Council (Council) rule to extend the Council's expiration date. The rule currently expires on July 1, 2024. The new expiration date would be July 1, 2028. This will allow the Council to continue their work for four more years. Other proposed changes include revisions to ensure the rule meets the HHSC standards for its advisory committee rules, correct formatting, punctuation, grammar, and update provisions regarding compliance with the Open Meetings Act.

HHSC Office of Acquired Brain Injury 1/26/24–2/26/24

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 1, Chapter 372, concerning SNAP Vehicle Asset Test #24R042 HHSC AES Policy Coordination 3/6/24