[00:00:03]
RECORDING IS ENABLED. >> THE MEETING WILL COME TO ORDER. MADE THE RECORD REFLECT THAT THIS MEETING OF THE HHSC EXECUTIVE COUNCIL CONVENED AT 1:00 P.M. ON SEPTEMBER 18TH, 2025. TESSA RAGLIN WELL NOW CALL THE ROLL.
>> ATTENDING ON BEHALF OF CHIEF JORDAN DIXON. AND HEATHER FLEMING IS HERE FOR CHIEF ALECTO. I CONCLUDE THE ROLLCALL AND TURN THE FLOOR BACK TO YOU.
>> MS. RAGLIN WILL NOW EXPLAIN THE PROCESS FOR USING THE MICROSOFT TEAMS PLATFORM FOR THIS MEETING.
>> GOOD AFTERNOON. MY NAME IS TESSA RAGLIN. THIS MEETING IS BEING CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT . IT IS OPEN TO THE PUBLIC. TODAY'S MEETING IS BEING HELD AS A MICROSOFT TEAMS MEETING AS WELL AS IN PERSON. THE MEETING IS BEING WEBCAST LIVE AND RECORDED AS A MATTER OF PUBLIC RECORD. PLEASE DO NOT USE JARGON AND ACRONYMS AND CONFIDENTIAL INFORMATION SHOULD NOT BE DISCUSSED. THE USE OF ARTIFICIAL INTELLIGENCE ALSO KNOWN AS A.I. NOTETAKERS IS EXPRESSLY PROHIBITED IN THIS MEETING. PRODUCERS WILL NOT ADMIT A BOT OR OTHER TIMES AGENTS INTO THE MEETING. IF THEY BOT SHOULD GAIN ENTRANCE IT WILL BE REMOVED BY ONE OF OUR PRODUCERS. FOR THE SAKE OF THOSE VIEWING THE WEBCAST AND TO COMPLY WITH THE TEXAS OPEN MEETINGS ACT , WE ASK EACH VIRTUAL ATTENDEE TURN ON YOUR CAMERA, STATE YOUR NAME EACH TIME BEFORE SPEAKING. WE ASK YOU SPEAK DIRECTLY INTO THE MICROPHONE SO YOUR VOICE AND COMMENTS CAN BE HEARD. ONCE YOU ARE FINISHED SPEAKING, WE ASK YOU TURN OFF YOUR CAMERA AND PLACE YOUR MICROPHONE ON MUTE.
PLEASE LEAVE YOUR CAMERA OFF AND MICROPHONE MUTED UNTIL YOU NEED TO SPEAK. WE ALSO RECOMMEND PRESENTERS USE HEADSETS IF POSSIBLE TO MINIMIZE FEEDBACK AND OTHER NOISE. WE ALSO ASK THAT MEMBERS, STAFF, AND PRESENTERS PARTICIPATE VIRTUALLY, IF YOU NEED TO TAKE A CALL, PLEASE TURN OFF THE VIDEO AND YOUR MICROPHONE TO AVOID DISRUPTING THIS MEETING. FOR MEMBERS, STAFF, AND PRESENTERS PARTICIPATING IN PERSON, WE ASK YOU SPEAK DIRECTLY INTO THE MICROPHONE. THESE MICROPHONES ARE DIRECTIONAL, SAY THE WILL ONLY PICK UP SOUND THAT IS DIRECTLY INTO THE MIC . WE ASK YOU PLEASE PUT YOUR CELL PHONES ON MUTE OR VIBRATE AND IF YOU NEED TO TAKE A CALL, PLEASE STEP OUT OF THIS ROOM AND AWAY FROM THE DOOR SO THE SOUND DOES NOT CARRY BACK INTO THE MEETING. MEMBERS OF THE PUBLIC WERE ABLE TO PREREGISTER TO PROVIDE ORAL PUBLIC COMMENT, VIRTUALLY, OR IN PERSON, AT TODAY'S MEETING. ANY PERSON WHO WOULD LIKE TO PROVIDE PUBLIC COMMENTS TODAY WHO DID NOT PREREGISTER OR WHO ARE ATTENDING IN PERSON SHOULD COMPLETE THE PUBLIC COMMENT REGISTRATION FORM ON THE TABLE OUTSIDE THE PUBLIC HEARING ROOM.
PLEASE COME PLEAT AND BRING TO THE FACILITATOR TABLE. THERE IS TIME ON THE AGENDA FOR PUBLIC COMMENT AT THE END OF THE MEETING AND PUBLIC COMMENT WILL BE TAKEN AT THE END OF EACH TOPIC. ANYONE WISHING TO PROVIDE PUBLIC COMMENT MAY BE ASKED TO LIMIT THEIR REMARKS TO THREE MINUTES. ANY WRITTEN COMMENTS CAN BE PROVIDED TO THE REGISTRATION TABLE AND THE MATERIALS WILL BE PROVIDED TO ALL COMMITTEE MEMBERS AND ENTERED INTO THE RECORD. PLEASE NOTE TOPICS NOT ON THE AGENDA CANNOT BE DISCUSSED AT TODAY'S MEETING. EXECUTIVE COMMISSIONER YOUNG, I TURN THE FLOOR BACK TO YOU.
>> THANK YOU, TESSA. SPECIAL WELCOME TO NEWLY APPOINTED COMMISSIONER O'NEIL. WELCOME . WE ARE MEETING TODAY TO OFFER AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON PROPOSED RULES. OUR GOAL IS TO BE TRANSPARENT IN OUR RULEMAKING PROCESS AND BE
[2. Rule proposals* (Agency Rulemaking can be found at https://www.hhs.texas.gov/regulations/policies-rules/health-human-services-rulemaking/comment-proposed-draft-rules)]
EFFICIENT IN PUBLISHING PROPOSED RULES IN THE TEXAS REGISTER.THANK YOU FOR BEING HERE AND THANK YOU FOR YOUR COMMITMENT TO IMPROVING THE LIVES OF TEXANS. AGENDA ITEM 2 ISRAEL PROPOSALS.
THE RULES ARE DIVIDED INTO THREE SECTIONS ON THE AGENDA. THERE ARE NO RULE PROPOSALS LISTED UNDER AGENDA ITEM 2ED ADMISSION PROCEDURES ACT. PUBLIC COMMENT PERIOD HAS CLOSED. WE WILL MOVE ON TO AGENDA ITEM 2B. RULES PROPOSES AMENDMENT IN TEXAS ACT HAS NOT BEEN
[00:05:05]
BEGUN OR MAY NOT HAVE ENDED AS OF THE DATE OF THIS COUNCIL MEETING. DOES ANY MEMBER OF THE COUNCIL HAVE QUESTIONS OR COMMENTS ON ANY RULES IN THE AGENDA ITEM 2B? IF COUNCIL MEMBERS HAVE NO QUESTIONS, I OPEN THE FLOOR TO PUBLICCOMMENT. MS. KATES-BROWN? >> THERE ARE TWO PUBLIC COMMENT CARDS FOR ITEM 2B1.
>> GOOD AFTERNOON, EVERYBODY. THIS IS -- OH. I AM SO SORRY.
>> AT THIS TIME, MS. TESSA RAGLIN WILL READ THE AGENDA SUMMARY FOR ITEM 2B(I).
>> AGENDA ITEM 2B(I), THE HEALTH AND HUMAN SERVICE PERMISSION PROPOSES AN AMENDMENT TO THE RULE OF THE ALREADY EXISTING REQUIREMENT THAT SCHOOL-AGED THEM BEFORE OR AFTER SCHOOL PROGRAMS PROVIDE CHILDREN WITH A PERSONAL FLOTATION DEVICE TO REFLECT UNITED STATES COAST GUARD'S NEW CLASSIFICATION SYSTEM. THE AMENDED RULE WILL IMPROVE THE SAFETY OF CHILDREN ENROLLED IN SCHOOL AGE AND BEFORE OR AFTER SCHOOL PROGRAMS
WHO ACCESS SWIMMING POOLS. >> I WILL NOW READ THE PUBLIC COMMENT ANNOUNCEMENT. HEALTH AND HUMAN SERVICES COMMISSION, IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT, PROVIDES THE OPPORTUNITY FOR THE PUBLIC TO ADDRESS COUNCIL MEMBERS FOR PUBLIC ACCOUNTABILITY AND TRANSPARENCY. EACH COMMENTOR WILL HAVE THREE MINUTES TO PROVIDE THEIR COMMENTS. IF THE COMMENTOR IS VIRTUAL, THE TIMER SLIDE WILL BE SHOWN ON THE SCREEN. IF YOU'RE IN PERSON, TIMER OR A FLAT YELLOW. WHEN YOU HAVE ONE MINUTE REMAINING AND RED WHEN YOUR TIME IS UP. YOU MUST CONCLUDE YOUR REMARKS. PLEASE BE RESPECTFUL OF THE PUBLIC COMMENT TIME LIMITATIONS. PLEASE REMEMBER THAT CONFIDENTIAL INFORMATION SHOULD NOT BE SHARED. AS A REMINDER, COMMENTERS MUST COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS REGARDING ACCESS USE OR DISCLOSURE OF HEALTH INFORMATION OR OTHER SENSITIVE PERSONAL INFORMATION.
THIS INCLUDES BUT IS NOT LIMITED TO TITLE 42 CODE OF FEDERAL REGULATIONS PART 2, WHICH RESTRICTS THE USE OF INFORMATION PERTAINING TO DRUG, ALCOHOL IN TREATMENT AND TEXAS HEALTH AND SAFETY CODE CHAPTER 611.006, WHICH RESTRICTS DISCLOSURE OF CONFIDENTIAL COMMUNICATION RECORDS. AT THIS TIME, I WOULD LIKE TO BEGIN PUBLIC COMMENT PERIOD AND I AM GOING TO CALL ON MS. CORY DE LA PINA. LIMIT YOUR COMMENTS TO THE TOPIC FOR WHICH YOU REGISTERED ON. DO NOT SPEAK ON BEHALF OF ANOTHER PERSON WHO HAS BEEN COMMENTED ON. COMMENTERS SHOULD FOCUS REMARKS ON THEIR OWN CONTENT AND NOT THE CONTENT OF OTHERS. YOU MAY
PROCEED, MA'AM. >> ALL RIGHT MY NAME IS CORI DE LA PINA, AND I AM A MEMBER OF THE NATIONAL DROWNING PREVENTION ALLIANCE ORGANIZATION , THE TEXAS WATER SAFETY COALITION, AND ALSO THE EXECUTIVE DIRECTOR FOUNDER OF LIVE LIFE. ALL THESE ARE DROWNING PREVENTION ORGANIZATIONS BOTH IN NATIONAL AND THE STATE OF TEXAS, BUT MOST IMPORTANTLY I AM GADDY'S MOM.
SO GADDY WAS MY SIX-YEAR-OLD DAUGHTER WHO DROWNED IN THE CARE OF A SUMMER CAMP IN 2019. SORE FROM THAT INCIDENT MY HUSBAND AND I WERE THE ONES RESPONSIBLE FOR ADVOCATING FOR HB59 WHICH NOW FALLS UNDER THE RULE OF SEVEN 3409, WHICH PART OF THAT HAS THIS REQUIREMENT UP THERE WHERE THEY NEED A LIFE JACKET.
AND THE LAW BASICALLY SAYS THAT IF YOUR CHILD IS UNDER THE CARE OF A ORGANIZATION THAT THEIR INTENTION IS TO TAKE THEM TO THE POOL, THEN YOU GUYS HAVE A FORM, WHICH AMAZING TEAM DEVELOPED
[00:10:02]
ACCORDING TO THE AMERICAN RED CROSS AS WATER COMPETENCY QUESTIONS. IF THEY ARE NOT ABLE TO ALL ANSWER ALL OF THOSE AS A YES WHICH INCLUDES LIGHT SWIMMING 25 YARDS WITHOUT ASSISTANCE, THINGS LIKE THAT, THEY ARE CONSIDERED NON-SWIMMERS. IF THEY ARE NON-SWIMMER'S BYLAW THEY HAVE TO PUT A U.S. COAST GUARD CERTIFIED LIFE JACKET ON THEM BEFORE ENTERING THE POOL AND THE U.S. COAST GUARD JUST RECENTLY CHANGE THE LABELING OF THOSE JACKETS. BEFORE WE HAVE IN THIS TYPE ONE, TYPE TWO, TYPE THREE. THE U.S. COAST GUARD IS BASING THEIR LABELING OFF OF BUOYANCY, WHICH, NOW, THE ITEM NUMBER IS BASICALLY ADDING THAT THE JACKET WOULD INCLUDE NOW THE NEW LABELING WHICH IS 70 OR ABOVE. SO I HAVE JUST COME HERE TO TELL YOU FIRST OF ALL THANK YOU FOR THE AMAZING TEAM YOU HAVE. THEY HAVE BEEN NOTHING BUT HELPFUL THROUGH THIS WHOLE PROCESS SINCE WE PASSED LEGISLATION AND ALSO JUST TO LET YOU KNOW THAT OUR ORGANIZATION CONTINUES DOING TRAINING WITH ALL OF YOUR CHILDCARE EMPLOYEES AND EMPLOYERS THAT TAKE KIDS TO THE POOL. WE HAVE TRAINED OVER 16,000 PEOPLE THAT ARE REGULATED THROUGH -- SORRY. 6000. BUT I AM GOING TO GET THERE PRETTY SOON.BECAUSE WE DO -- WE ARE ACKNOWLEDGING THE DROWNINGS FOR THE YOUTH CAMPS, WE ARE GOING TO BE INCLUDING TRAINING FOR THEM FOR SPECIFICALLY FOR FLOODS. THAT IS THE WORK. I WANTED TO COME OUT HERE AND TELL YOU GUYS THANK YOU SO MUCH AND I AM IN
SUPPORT OF THIS ITEM. >> THANK YOU VERY MUCH. ANY
QUESTIONS, MEMBERS? THANK YOU. >> I WOULD NOW LIKE TO CALL OUR SECOND PUBLIC COMMENTOR, JENNIFER POTITE, PLEASE.
>> PLEASE INTRODUCE YOURSELF. >> THANK YOU. GOOD AFTERNOON. MY NAME IS JENNIFER POTITE. I AM THE EXECUTIVE DIRECTOR OF A WATER SAFETY ORGANIZATION CALLED COLLIN'S HOPE. WE WERE FOUNDED IN 2008 AFTER THE TRAGIC DEATH OF COLLIN HOST. DROWNING IS THE NUMBER ONE CAUSE OF DEATH FOR CHILDREN BETWEEN THE AGES OF 1 AND 4. TODAY IS 2025. THAT NUMBER AND STATISTIC IS STILL THE SAME. SO WE APPLAUD YOU FOR MAKING WATER SAFETY IMPORTANT THROUGHOUT TEXAS. WE KNOW THAT TEXAS CHILDREN WENT TO GO PLAY AT POOLS, BUT, GUESS WHAT, EVERYONE HAS DIFFERENT SWIMMING ABILITIES. SO HB59 LEGISLATION MEANS CHILDREN CAN GO TO A POOL, HAVE FUN, AND BE SAFER AND LIFE JACKETS ARE ONE OF THOSE ESSENTIAL LAYERS OF PROTECTION THAT ALLOW KIDS TO HAVE FUN. SO WE AGREED THAT THE CLASSIFICATION NEEDS TO INCLUDE THAT UPDATE OF THE MINIMUM OF 70. SO IT STARTS AT 50. GOES TO 70. 100 AND 150. SUBTYPE ONE, TWO, AND THREE ARE GOING TO CONTINUE TO BE ON THE SHELVES FOR A LONG TIME AS WELL AS THEY ARE SERVICEABLE, USABLE. THEY ARE GOING TO BE AVAILABLE. BUT THE EDUCATION OF WHAT 70 AS A MINIMUM IS REQUIRED. SO 50 IS THE ONE THAT IS NOT REQUIRED. SO IT IS IMPORTANT THAT WE SAY THE 70 BUOYANCY. SO, AGAIN, COORDINATED EDUCATION WOULD GO A LONG WAY IN HELPING UNDERSTAND THAT THE TYPE ONE, TWO, AND THREE ARE STILL VALID, BUT THAT THE 70 BUOYANCY SHOULD BE THE MINIMUM. SO WE APPRECIATE THESE EFFORTS BECAUSE, AGAIN, WE HAVE A VERY HOT SEPTEMBER RIGHT NOW. SO SUMMER GOES A LITTLE BIT LONGER IN TEXAS AND WE NEVER WANT A CHILD TO BE ELIMINATED FROM THE FUN. SO THOSE LIFE JACKETS MEAN THAT CHILDREN HAVE THE ABILITY TO PLAY AND TO HAVE FUN WITH THEIR FRIENDS. THANK
YOU. >> THANK YOU. ANY QUESTIONS,
MEMBERS? OKAY. THANK YOU. >> EXECUTIVE COMMISSIONER YOUNG, THIS CONCLUDES THE PUBLIC COMMENT FOR AGENDA ITEM 2B(I).
>> THANK YOU. WE WILL NOW MOVE ON TO AGENDA ITEM 2C. THE AGENDA ITEMS PROPOSED UNDER 2C HAVE NOT YET BEEN SUBMITTED TO THE TEXAS REGISTER FOR PUBLIC COMMENT UNDER THE MINISTERED PROCEDURES ACT . DOES ANY HAVE COMMENTS ON THE RULE AND AGENDA ITEM 2C? OF COUNCIL MEMBERS HAVE NO QUESTIONS, I OPEN THE FLOOR TO PUBLIC COMMENTS. MS. KATES-BROWN, ARE THERE ANY
[00:15:01]
PUBLIC COMMENT CARDS? >> EXECUTIVE DIRECTOR YOUNG,
[3. Recent Rule Adoptions - Information item not for discussion]
THERE ARE NO PUBLIC COMMENT REGISTRANTS FOR AGENDA ITEM 2C.>> WE WILL NOW MOVE ON TO AGENDA ITEM 3. RULES LISTED UNDER ITEM 3 HAVE EITHER BEEN SUBMITTED FOR ADOPTION ARE PUBLISHED AS ADOPTED IN THE TEXAS REGISTER SINCE THE AUGUST 21ST 2025 EXECUTIVE COUNCIL MEETING AND ARE PROVIDED FOR YOUR INFORMATION. THIS BRINGS US TO AGENDA ITEM 4 AND
* This transcript was compiled from uncorrected Closed Captioning.