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[00:00:02]

>> OKAY LET ME START THE RECORDING.

RECORDING HAS BEGUN. >> GOOD MORNING.

THE MEET WILLING COME TO ORDER. MAY THE RECORD REFLECT THAT THIS MEETING OF THE HHSC EXECUTIVE COUNCIL CONVENED AT 10 A.M. ON SEPTEMBER 17TH. TESSA WILL YOU PLEASE CALL THE

ROLE. >> MEMBERS WHEN I CALL YOUR NAME PLEASE RESPOND WITH HERE OR PRESENT.

STEPHANIE MUTH. SILVIA KAUFFMAN.

>> PRESENT. >> JORDAN DIXON.

>> PRESENT. >> DAVID KOSTROUN.

>> MICHELLE-- DEPUTY CHIEF HERE ON BEHALF OF DAVID KOSTROUN.

>> THANK YOU. MOLLY REGAN.

>> RACHEL-- DEPUTY EXECUTIVE COMMISSIONER ATTENDING ON

BEHALF OF MOLLY REGAN. >> IMELDA GARCIA.

>> DR. AMANDA HALL INTERIM CHIEF DEPUTY COMMISSIONER AND CHIEF MEDICAL EXECUTIVE ON BEHALF OF IMELDA GARCIA.

>> THANK YOU. RAYMOND CHARLES WINTER.

>>-- CHIEF OF STAFF FOR THE OFFICE OF INSPECTOR GENERAL ATTENDING ON BEHALF OF RAYMOND WINTER.

>> TREY WOOD. TREY WOOD?

>> HERE. >> THANK YOU.

STEPHANIE STEPHENS. AND AUDREY O'NEILL.

>> CASEY DESET T A DEPUTY COMMISSIONER OF CHILD AND FAMILY PROGRAMS FOR DFPS HERE ON BEHALF OF COMMISSIONER

O'NEILL. >> THANK YOU.

I TURN THE FLOOR BACK TO YOU. >> OKAY.

THANK YOU EVERYONE FOR BEING HERE.

ONLINE AND IN THE ROOM. IT'S A BUSY TIME OF YEAR FOR ALL OF OUR AGEANCEIES. WE JUST CLOSED OUT FISCAL YEAR '26 WHICH BRINGS WITH IT CONTRACT, BUDGET, REPORTING REQUIREMENTS AND THANK YOU TO ALL OF THE STAFF ACROSS ALL OF THE AGENCIES HERE WHO WORKERED REALY HARD TO GET US THROUGH A SUCCESSFUL END OF YEAR. WE ALSO SUBMIT PD OUR LEGISLATION APPROPRIATIONS REQUEST A COUPLE WEEKS AGO.

CHIEF WOOD WILL DISCUSS THAT IN JUST A LITTLE BIT.

WE WRAPPED UP OUR PARTICIPATION.

MANY PEOPLE ON THIS DIAS PARTICIPATION IN SEVERAL INTERIM HEARINGS OVER THE LAST SEVERAL MONTHS AND HAD SOME REALLY IMPORTANT CONVERSATIONS WITH LEGISLATORS.

AND WE ARE NOW ALL THREE OF US WAITING FOR OUR SUNSET REPORT TO BE RELEASED. AND SO WE WILL LOOK FORWARD TO THAT PROBABLY SOME TIME NEXT MONTH.

WE ALSO, I WANTED TO ANNOUNCE-- I DON'T SEE HER HERE BUT-- ADILE WHO HAS BEEN OUR DEPUTY CHIEF COUNSEL FOR MANY YEARS IS NOW ACTING AS OUR CHIEF COUNSEL WITH KAREN RAY'S RETIREMENT.

SO CONGRATULATIONS TO--. DR. HALL, DSHS INTERIM CHIEF DEPUTY COMMISSIONER WILL NOW PROVIDE AN AGENCY UPDATE FOR

DSHS. >> ALL RIGHT, GOOD MORNING EVERYONE. I'M HAPPY TO BE HERE THIS MORNING ON BEHALF OF AMANDA GARCIA AND DSHS.

I'D LIKE TO SHARE A FEW UPDATES ON THE PUBLIC HEALTH ISSUES WE'RE CURRENTLY MONITORING ALONG WITH UPDATES OF NUTRITIONS HERE IN TEXAS. I'LL START WITH EBOLA.

THERE HAVE BEEN SOME IMPORTANT DEVELOPMENTS SINCE THE LAST UPDATE. THE OUTBREAK IN UGANDA WAS OFFICIALLY DECLARE CANNED OVER AUGUST 27TH FOLLOWING 42 DAYS WITHOUT A NEW CONFIRMED CASE. THE LAST REPORTED CASE WAS CONFIRMED ON JUNE 21ST AND DISCHARGED ON JULY 16TH.

AT THE SAME TIME, THE OUTBREAK AND THE DEMOCRATIC REPUBLIC OF CONGO OR DRC REMAINS ACTIVE AND CONTINUES TO BE CLOSELY MONITORED. AS OF SEPTEMBER 8, THERE WERE 6 6,843 CONFIRMED CASES AND 3310 CONFIRMED DEATHS. THIS IS THE 17TH EBOLA OUTBREAK AND THE THIRD CAUSED BY THE-- STRAIN.

AS OF SEPTEMBER 10G9, THERE HAVE BEEN NO CASES REPORTED IN THE AND THE OVERALL RISK TO THE AMERICAN TRAVELLING PUBLIC REMAINS LOW.

WORKING CLOSELY WITH THE CDC AND OUR LOCAL HEALTH DEPARTMENTS TO MONITOR TRAVELERS FROM THE IDENTIFIED OUTBREAK COUNTRIES FOR 21 DAYS. AS OF SEPTEMBER 9TH 223 SWRIRJS BEING MONITORED IN TEXAS. WE WILL CONTINUE COORDINATING WITH FEDERAL AND LOCAL PARTNERS AND REMAIN PREPARED TO RESPOND AS THE SITUATION DEVELOPS. NOW TURNING TO NEW WORLD-- WORM. WE CONTINUE TO MONITOR ANIMAL CASES HERE IN TEXAS. AS OF SEPTEMBER 10G9 THERE HAVE

[00:05:02]

BEEN 48 AN P MALL CASES REPORTED IN THE STATE.

ONLY TWO REMAIN ACTIVE. A DOG IN CROCKET COUNTY AUGUST 1ST AND HORSE IN-- COUNTY SEPTEMBER 9TH.

THERE HAVE BEEN NO REPORTS OF HUMAN-- SCREW WORM CASES ACQUIRED IN TEXAS OR ELSEWHERE IN THE UTS.

WE CONTINUE PROVIDING GUIDANCE AND SUPPORT TO LOCAL HEALTH DEPARTMENT, HEALTH CARE PROVIDER, ANIMAL CONTROL OFFICERS AND THE PUBLIC. WE ALSO REMAIN IN CLOSE COORDINATION WITH OUR ANIMAL HEALTH PARTNERS INCLUDING THE TEXAS ANIMAL HEALTH COMMISSION. TEXAS PARKS AND WILDLIFE AND TEXAS A&MAGRI LIFE EXTENSION. I'D ALSO LIKE TO GIVE A BRIEF UPDATE ON CYCLISPORA. PARTICULARLY ACTIVE BOTH NATIONALLY AND HERE IN TEXAS. FOR THE 2026 SEASON FOR MAY 1ST THROUGH SEPTEMBER 8TH, CDC REPORTED 19,595 CONFIRMED AND PROBABLE DOMESTICALLY ACQUIRED CASES NATIONWIDE.

THAT INCLUDED 1043 HOSPITALIZATIONS AND TWO DEATHS THAT OCCURRED ACROSS 49 STATES IN THE DISTRICT OF COLOMBIA.

DURING THE SAME TIME IN 2025, THERE WERE ONLY 957 CASES NATIONALLY. A LARGE PORTION OF THIS YEAR'S INCREASE WAS ASSOCIATED WITH THE NATIONAL OUTBREAK WHEN RECALLED ICEBERG LETTUCE. AS OF SEPTEMBER 3RD THAT OUTBREAK INCLUDED 12883 CASES. 570 HOSPITALIZATIONS AND TWO DEATHS ACROSS 21 STATES. TEXAS HAD 23 CASES ASSOCIATED WITH THAT OUTBREAK AND THE OUTBREAK WAS DECLARED OVER ON SEPTEMBER 11TH. AS WE MOVE INTO THE FALL, WE'RE ALSO KEEPING A CLOSE EYE ON RESPIRATORY ILLNESSES.

OVERALL, LEVELS OF FLU, RSV AND COVID-19 REMAIN LOW.

HOWEVER, WE ARE BEGINNING TO SEE INCREASES IN SOME INFLUENZA IS AND COVID-19 INDICATORS PARTICULARLY COVID-19 HOSPITALIZATIONS. E EMERGENCY DEPARTMENT VISITS AND REPORTED OUTBREAKS. MOST OF THE RECENT INCREASES IN E EMERGENCY DEPARTMENT VISITS RELATED TO RESPIRATORY ILLNESS HAVE BEEN ASSOCIATED WITH COVID-19.

WITH CHILDREN FROM BIRTH THROUGH ONE YEAR OF AGE HAVING HAD THE HIGHEST NUMBERS OF REPORTED EMERGENCY DEPARTMENT VISITS. WE'RE ALSO SEEING A SIMILAR PATTERN WITH HOSPITALIZATIONS. WHERE RECENT INCREASES HAVE LARGELY BEEN ASSOCIATED WITH COVID-19.

HOWEVER THOSE INCREASES HAVE PRIMARILY BEEN AMONG ADULTS 65 AND OLDER. THESE ARE TRENDS OUR TEAMS MONITOR THROUGHOUT THE YEAR AND WE'LL CONTINUE WATCHING CLOSELY AS WE MOVE INTO THE FALL IN WINTER RESPIRATORY ILLNESS SEASON. AND THEN FINALLY, I WANTED TO SHARE AN IMPORTANT MILESTONE FOR OUR STATE.

EARLIER THIS MONTH THE TEXAS NUTRITION ADVISORY COMMITTEE OR TMAC AS WE CALL IT RELEASED THE FIRST NUTRITION GUIDELINES DEVELOPED SPECIFICALLY BY TEXANS FOR TEXANS.

ESTABLISHED THROUGH SENATE BILL 25, THE COMMITTEE REVIEWED THE LATEST SCIENCE AROUND NUTRITION AND ULTRAPROCESSED FOODS AND TURNED THAT INFORMATION INTO PRACTICAL RECOMMENDATIONS FOR EVERYDAY LIFE. THE GUIDELINES ENCOURAGE SIMPLE STEPS LIKE EATING MORE FRUITS AND VEGETABLES.

CHOOSING HEALTHY SOURCES OF PROTEIN AND WHOLE GRAINS.

DRINKING MORE WATER AND LIMITING ADDED SUGARS.

SENATE BILL 25 ALSO STRENGTHENS NUTRITION EDUCATION ACROSS TEXAS. FROM OUR SCHOOLS THROUGH HIGHER EDUCATION AND THE TRAINING OF HEALTH CARE PROFESSIONALS.

THE COMMITTEE WILL CONTINUE REVIEWING THE RESEARCH AND UPDATING THE RECOMMENDATIONS AS THE SCIENCE E INVOLVES.

THIS IS ABOUT GIVING TEXANS PRACTICAL INFORMATION THEY CAN USE TO MAKE HEALTHIER CHOICES FOR THEMSELVESES AND THEIR FAMILIES. AND MORE DETAILS WILL BE POSTED ON A TMAC WEBSITE. THAT INCLUDES MY UPDATES FOR TODAY. THANK YOU.

>> THANK YOU DR. HALL AND I WILL NOW TURN TO CASEY DESETTA

WHO WILL PROVIDE A UPDATE. >> GOOD MORNING DEPUTY COMMISSIONER FOR DFP SXCHLT OUR UPDATES REALLY PARALLEL CLOSE TO HHSC UPDATES. WE HAVE COMPLETED OUR L.A.R.

AND IT IS POSTED ON THE DFPS WEBSITE.

WE COMPLETED AND PARTICIPATE IN INTERIM HEARINGS AND ARE AWAITING OUR SUNSET REPORT. SO VERY MUCH PARALLELS HHSC'S

UPDATE. >> THANK YOU CASEY.

NOW WE TURN TO-- CRAIG WHO WILL PROVIDE INSPECTOR GENERAL

UPDATE. >> GOOD MORNING.

MY NAME SECHLT UGENIA CRAIG CHIEF OF STAFF FOR THE OFFICE OF INSPECTOR GENERAL AND I'M THANKING ALL OF YOU FOR THE OPPORTUNITY TO PROVIDE AN UPDATE ON BEHALF OF INSPECTOR GENERAL WINTER. OUR OFFICE CONTINUES TO SUPPORT THE AGENCY'S MISSION BY PROMOTING INTEGRITY, ACCOUNTABILITY AND TRANSPARENCY ACROSS HEALTH AND HUMAN SERVICES PROGRAMS. THAT WORK INCLUDES PREVENTING, DETECTING, AUDITING, INSPECTING, REVIEWING AND INVESTIGATE FRAUD, WASTE AND ABUSE.

AS SUPPORTING ADMINISTRATIVE ENFORCEMENT ACTIONS WHEN PUBLIC RESOURCES HAVE NOT BEEN USED AS INTENDED.

THE OIG JUST WRAPPED UP THE FISCAL YEAR AND I'D LIKE TO PRESENT OUR TOTAL RECOVERIES. FROM SEPTEMBER 2025 THROUGH AUGUST 2026. THE OIG RECOVERED MORE THAN $475.3 MILLION. IN ADDITION TO THOSE RECOVERY EFFORTS WE CONTINUE TO FOCUS ON IMPROVEMENTS THAT MAKE IT

[00:10:02]

EASIER FOR TEXANS TO HELP REPORT POTENTIAL FRAUD, WASTE AND ABUSE OF HHSC RESOURCES. MOST RECENTLY THE OIG WORKED WITH THE TEXAS HEALTH AND HUMAN SERVICES COMMISSIONS ACCESS AND ELIGIBILITY SERVICES TEAM. TO MAKE FRAUD REPORTING EASIER AND MORE ACCESSIBLE FOR PROGRAM CLIENTS.

REPORTING LINKS TO THE OIG REFERRAL SYSTEM ARE NOW AVAILABLE ON THE YOUR TEXAS BENEFITS WEBSITE AND MOBILE APP. THE SAME PLATFORMS CLIENTS USED TO APPLY FOR BENEFITS, MANAGE ACCOUNTS AND CONNECT WITH PROGRAM SUPPORT. TEXAS BENEFITS IS A DIRECT AND FAMILIAR CHANNEL FOR BENEFICIARIES WHO MAY HAVE FIRSTHAND KNOWLEDGE OF SUSPECTED OR ATTEMPTED MISUSE.

FOR EXAMPLE, A CLIENT MAY BE APPROACHED BY SOMEONE ASKING TO BUY EDT CARD FUNDS OR THEY MAY BE ENCOURAGED TO MISUSE MEDICAID SERVICES. WITH THESE IN PLACE, CLIENTS CAN REPORT THOSE INTERACTIONS DIRECTLY FROM THE APP OR WEBSITE THAT THEY ALREADY USE. WE APPRECIATE AAS'S COLLABORATION ON THIS EFFORT AND CONTINUED SUPPORT OF HHSC LEADERSHIP. THESE TYPES OF OPERATIONAL IMPROVEMENTS CAN HELP US ADVANCE OUR SHARED RESPONSIBILITY TO PROTECT PROGRAM INTEGRITY WHILE KEEPING SERVICES ACCESSIBLE TO THE TEXANS WHO RELY ON THEM.

THANK YOU FOR YOUR TIME AND CONTINUED SUPPORT OF THE OIG'S

MEDICATION. >> THANK YOU EUGENIA.

[2. Agency updates]

AND WE WILL NOW TURN TO AGENDA ITEM NUMBER 2.

A COUPLE OF HHSC UPDATES. WE'LL START WITH RACHEL PATTON DEPUTY EXECUTIVE COMMISSIONER OF ELIGIBILITY OPERATIONS WHO

WILL PROVIDE A SNAP UPDATE. >> GOOD MORNING I HAVE TWO UPDATES RELATED TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. THE FIRST IS GOING TO BE RELATED TO OUR PAYMENT ERROR RATES AND THE SECOND IS REGARDING OUR WORKLOAD. IN REGARDS TO OUR PAYMENT ERROR RATES, BEGINNING IN FEDERAL FISCAL YEAR 2028, SNAP BENEFIT COST FOR STATES WILL BE BASED ON THE STATE'S PAYMENT E A RATE. CURRENTLY SNAP BENEFITS ARE 100%ER FEDERALY FUNDED. STARTING IN OCTOBER 2027, STATES WILL BE RESPONSIBLE FOR OUR COST SHARE IF THEIR PAYMENT ERROR RATE EXCEEDS 6%. FOR FEDERAL FISCAL YEAR 2025, OUR PAYMENT ERROR RATE WAS 9.34% WITH THE NATIONAL AVERAGE BEING AT 10.62%. THE RATE FOR FEDERAL FISCAL YEAR 2026 IS TRENDING DOWN. HOWEVER WE WILL NOT HAVE OUR OFFICIAL FEDERAL FISCAL YEAR 2026 PAYMENT ERROR RATE UNTIL EARLY SUMMER 2027. HHSC CONTINUES TO TAKE ACTIONS TO CREATE ACCURACY. THOSE ACTIONS INCLUDE IMP IMPLEMENTING SYSTEM ENHANCEMENTS AND AUTOMATION.

IMPROVING CLIENT COMMUNICATION. INCREASE TRAINING AND WORK FORCE SUPPORT. AND PROVIDING POLICY, CLARITY AND ALIGNMENT. I WILL NOTE THAT OUR STATE REPORTED ERROR RATE AS OF APRIL 2026 SAMPLE MONTH FOR FEDERAL FISCAL YEAR IS AT 9.42%. REGARDING OUR WORKLOAD, HHSC IS TAKING STEPS TO HELP ELIGIBLE TEXANS RECEIVE THEIR BENEFITS.

WE ARE REPRIORITIZING LOW IMPACT WORK TO STATE OFFICE STAFF TO FOCUS OUR ADVISER'S TIME ON COMPLETING ELIGIBILITY DETERMINATIONS. WE'RE ALSO MAXIMIZING CAPACITY OF AVAILABLE STAFF TO WORK CASES IN IMPLEMENTING SYSTEM UPDATES TO GAIN E DEFFICIENCIES AND ELIGIBILITY DETERMINATION PROCESS. IN ADDITION, HHSC SUBMITTED A LEGISLATIVE APPROPRIATIONS REQUEST TO MAKE THE 642 TEMPORARY POSITIONS PERMANENT. AND TO IMPROVE CLIENT COMMUNICATIONS REGARDERING E ELECTRONIC BENEFIT TRANSFER ACTIONS AND ACCESSING ADDITIONAL E ELECTRONIC DATA SOURCES WHICH ARE NECESSARY FOR VERIFICATION.

WE CONTINUE TO BE COMMITTED TO SUPPORTING ELIGIBLE FAMILIES, RECEIVE SERVICES AS QUICKLY AS POSSIBLE.

WE APPRECIATE THE SUPPORT OF OUR COMMUNITY PARTNERS, MANAGE CARE ORGANIZATIONS AND OTHER ORGANIZATIONS AS WE WORK TO IMPROVE BOTH OUR TIMELYNESS AND PAYMENT ACROSSY.

THIS CONCLUDES MY UPDATE. >> THANK YOU RACHEL.

AND WE WILL NOW HEAR FROM TREY OUR CHIEF FINANCIAL OPERATIONS OFFICER. ON OUR LEGISLATIVE

APPROPRIATION REQUEST. >> GREAT, THANK YOU JORDAN.

UPDATE ON THE L.A.R. THAT WAS SUBMITTED ON FRIDAY SEPTEMBER 4TH. WE ACTUALLY BEGAN WORK ON OUR LEGISLATIVE APPROPRIATION REQUEST IN OCTOBER OF LAST YEAR. THAT PROCESS CONSISTED OF GATHERING STAKELE THE HOLDER INPUT IN OCTOBER AND NOVEMBER.

THAT REALLY HELPED INFORM SOME OF THE ITEMS WE INCLUDED INTO L.A. R. ONE OF THE WRINKLES THIS TIME AROUND IS WE DID HAVE TO DO A 3% REDUCTION EXERCISE.

THAT MEANT WE HAD TO IDENTIFY $335 MILLION' WORTH OF GENERAL REVENUE APPROPRIATIONS THAT HAD TO BE REDUCED OUT OF OUR BUDGET. AS PART OF THAT WORK, PRIOR TIMES WE'VE GONE THROUGH THAT EXERCISE.

WE TOOK MORE OF A STRATEGIC APPROACH THIS TIME.

SO WE LOOKED AT THINGS SUCH AS HISTORICAL LABS THAT COULD BE GIVEN UP. CUTS IN THE ADMINISTRATIVE AREAS AND PROGRAMS IN THE ADMINISTRATION SUPPORT

[00:15:02]

FUNCTIONS. WE ALSO LOOKED IN OUR REGULATORY SPACE WHERE THERE MIGHT BE AREAS THAT WE COULD INCREASE FEES TO OFFSET SOME OF THOSE REDUCTIONS.

WE'RE ACTUALLY REQUIRED BY RIDER TO COVER OUR REGULATORY FUNCTION THROUGH THE COLLECTION OF FEES.

SO THAT'S ONE OF THE THINGS WE'RE TAKING A LOOK AT.

UNFORTUNATELY DUE TO OUR SIZE AND THE NUMBER OF CLIENT SS PROGRAMS THAT WE DO HAVE, THERE WERE SOME IMPACTS TO SOME CLIENT SERVICE PROGRAMS AND SOME REDUCTIONS THAT TOOK PLACE AS PART OF THIS WORK. AS PART OF THAT, WE HAVE POSTED A SCHEDULE ONLINE. ON OUR WEBSITE THAT OUTLINES OUR 3% REDUCTIONS AND WHERE THOSE ARE OCCURRING.

SO THAT IS AVAILABLE. BEYOND THAT AS WE WORK THROUGH THE YEAR TO DEVELOP OUR L.A.R., WE ADULT MT.LY END UP SUBMITTING 22 EXCEPTIONAL ITEMS THAT ARE INCLUDED IN THAT.

THOSE ARE ALSO POSTED ONLINE AND AVAILABLE FOR FOLKS TO LOOK AT. AND THAT CONCLUDES OUR UPDATE.

[3. Rule proposals]

>> TY TREY. ANY QUESTIONS? OKAY. WE WILL MOVE ONTO AGENDA ITEM THREE RULES PROPOSALS. FIRST WE WILL DISCUSS PROPOSAL SUBMITTED TO THE TEXAS REGISTER WHICH ARE CURRENTLY WITHIN THE OPEN PUBLIC COMMENT PERIOD. FIRST I WILL ASK SHARON JACOB TO COME UP AND PROVIDE A SUMMARY CONCERNING LICENSE CHEMICAL DEPENDENCY COUNSELLOR LICENSE SURE FOR MILITARY

MEMBERS, SPOUSES AND VETERANS. >> GOOD MORNING.

I'M SHARON JACOB DIRECTOR OF POLICIES AND RULES WITHIN THE CHIEF REGULATORY SERVICES OFFICE IN THE HEALTH CARE REGULATION DEPARTMENT. HHSC IS UPDATING RULES ENTITLED 26 PART ONE CHAPTER 562 CONCERNING LICENSING CERTIFICATION OR REGISTRATION OF MILITARY SERVICE MEMBERS,

MILITARY SPOUSES AND VETERANS. >> I'M SO SORRY COULD YOU PULL

THE MIC A LITTLE BIT CLOSER. >> YEAH ABSOLUTELY.

WOULD YOU LIKE ME TO START OVER?

>> IF YOU DON'T MIND. SO FOLKS ONLINE CAN HEAR.

>> ABSOLUTELY. HI I'M SHARON JACOB DIRECTOR OF POLICIES AND RULES WITHIN CHIEF REGULATORY SERVICES OFFICE IN THE HEALTH CARE REGULATION DEPARTMENT.

HHSC UPDATING RULES TITLE 26 PART 1 CHAPTER 562 CONCERNING LICENSING CERTIFICATION OR REGISTRATION OF MILITARY SERVICE MEMBERS SPOUSES AND VETERANS.

PROJECT 26RO48 IMPLEMENTS HOUSE BILL 629 AND BILL 1818 FROM THE 89TH REGULATIVE SESSION. BILL AMENDED TEXAS OCCUPATIONS CODE SECTIONS 55.0 04 AND 55.0041 ALLOWING HHSC TO RECOGNIZE OUT OF STATE LICENSES THAT ARE IN GOOD STANDING AND SIMILAR IN SCOPE TO A TEXAS LICENSE AND ISSUE A PROVISIONAL LICENSE TO ELIGIBLE MILITARY SERVICE MEMBERS, SPOUSES OR VETERANS. THE RULE IS NECESSARY TO ALIGN LICENSING PROCESS REQUIREMENTS FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS PURSUING LICENSESURE AS A LICENSED CHEMICAL DEPENDENCY LICENSOR ALSO KNOWN AS LCDC.

TO INCREASE CONSISTENCY BETWEEN SECTION 562.33 OF THE TAC AS WELL AS ONE TAC 351.3 WHICH RELATES TO RECOGNITION OF OUT OF STATE LICENSE OF A MILITARY SERVICE MEMBER OR SPOUSE.

AS WELL AS 1TAC351.6 RELATING TO ALTERNATIVE LICENSING FOR MILITARY SERVICE MEMBERS, SPOUSES AND MILITARY VETERANS.

AS WELL AS STATUTORY REQUIREMENTS ON MILITARY LICENSING PROCEDURES. THE PUBLIC WILL BENEFIT FROM THE STATUTORY REQUIREMENTS RELATED TO THE LICENSE SURE OF MILITARY SERVICE PROVIDERS, SPOUSES AND VETERANS.

THE PUBLIC WILL ALSO BENEFIT FROM INCREASED ACCESS TO QUALIFIED LCDC PROVIDERS IN TEXAS.

>> QUESTIONS FROM COUNCIL? OKAY THANK YOU.

NEXT WE WILL HEAR FROM JESSICA MILLER WHO WILL PROVIDE A SUMMARY ON THE STATE INDEPENDENT LIVING COUNCIL.

>> GOOD MORNING I'M JESSICA MILLER DIRECTOR OF THE-- COORDINATION OFFICE AT HHSC. HHSC PROPOSE DZ REPEAL OF RULE TEXAS ADMINISTRATIVE CODE TITLED 40 PART 2 CHAPTER 101 SUB CHAPTER C DIVISION 2 CONCERNING STATE INDEPENDENT LIVING COUNCIL OR SILK. IT WAS CREATED AS A RESULT OF THE REHABILITATION ACT TITLE 29 UNITED STATES COLD SECTION 796D. REHABILITATION ACT REQUIRES TEXAS TO MAINTAIN A SILC BUT RULES WERE ORIGINALLY ADOPTED IN 1993 IN ACCORDANCE WITH SENATE BILL 383 OF THE 73RD LEGISLATURE WHICH REQUIRES STATE AGENCIES TO OUTLINE RURAL

[00:20:01]

COMMITTEES AND COUNCILS WHICH ADVISE THE STATE.

THE RULES ARE NOT NEEDED BECAUSE THE SILC IS NOT CONSIDERED AN ADVISORY BODY AS DEFINED BY TEXAS GOVERNMENT CODE SECTION 2110.001 AND ITS PRIMARY FUNCTION IS NOT TO ADVISE THE STATE. APPLICABLE FEDERAL REQUIREMENTS FOR THE SILC ARE SPECIFIED IN THE REHABILITATION ACT AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> QUESTIONS? OKAY THANK YOU JESSICA.

WE WILL HEAR FROM CRYSTAL-- NEXT WHO WILL PROVIDE SUMMARY ON CHILD CARE REGULATIONS AND UPDATES TO CRIMINAL HISTORY

REQUIREMENTS. >> GOOD MORNING EXECUTIVE COUNCIL. I AM CRYSTAL-- ASSOCIATE COMMISSIONER CHILD CARE REGULATION FOR PROGRAM OPERATIONS. I'M HERE THIS MORNING HHSC UPDATING RULES TITLE 26 PART 1 CHAPTER 745.

PROPOSING RULE AMENDMENT TO SECTION 745661 PROPOSAL PROJECT 26 ALLOWS CHILD CARE REGULATION TO UPDATE CRIMINAL HISTORY REQUIREMENTS NOTED ON AN AS NOTED BASIS INSTEAD OF EVERY JANUARY. THE PROYOU POSAL AMENDS HOW THESE REQUIREMENTS ARE PRESENTED TO THE PUBLIC SO THAT CHILD CARE REGULATION MAY UPDATE CRIMINAL HIFT EHRIE REQUIREMENTS WHEN CHANGE IS NEEDED OR REQUIRED.

THE PROPOSAL ALSO UPDATES THE RULES IN ACCORDANCE WITH REGULATORY REFORM AND IMPROVEMENT EFFORTS THAT THE CRIMINAL HISTORY REQUIREMENTS ARE CLEARER AND MORE CONCISE.

THE PUBLIC WILL BENEFIT FROM THIS PROPOSAL WITH IMPROVED AND EFFICIENT BACKGROUND CHECK PROCESSES THAT SUPPORT THE SAFETY OF CHILDREN AND READABILITY AND UNDERSTANDING OF THE LANGUAGE. ARE THERE ANY QUESTIONS?

>> THANK YOU CRYSTAL. WE WILL NOW HEAR FROM MICHELLE IRWIN WHO WILL PROVIDE A SUMMARY CONCERNING REPEAL OF

OBSOLETE RULES. >> GOOD MORNING EVERYONE.

I'M MICHELLE IRWIN ASSOCIATE COMMISSIONER FOR THE OFFICE OF POLICY AND MEDICARE SERVICES. THIS MEDICAID SHIP SERVICES RULE PROPOSAL REPEALED SEVERAL DIFFERENT RULES RELATED TO ADVISORY COMMITTEES THAT HAVE BEEN ENDED.

PROGRAMS THAT HAVE ENDED DUE TO THE TRANSITION TO MANAGE CARE OR DUE TO FEDERAL DIRECTION AND OTHER PROGRAM CHANGES.

THIS PROPOSAL REPEELS RELATED TO THE TEXAS COUNCIL.

STAR CARE MANAGE CARE ADVISORY COMMITTEE.

TEXAS INELIGIBLE CARE DEMONSTRATION PROJECT.

QUALITY INCENTIVE PAYMENT PROGRAM FOR NURSING FACILITIES BEFORE SEPTEMBER 1 2019. TEXAS MEDICARE WELLNESS PROGRAM AND THE PILOT PROJECT. THE TEXAS COUNCIL ON CONSUMER DIRECTION WAS ABOLISHED ON JULY 31ST 2024.

THE STAR KIDS MANAGES ABOLISHED DECEMBER 31ST 2023.

BOTH COMMITTEES WERE NOT STATUETORIAL REQUIRED TO CONTINUE AND THE POPULATIONS AND SERVICES THAT WERE THE FOCUS OF THE COMMITIES ARE ALSO ABLE TO BE CONSIDERED UNDER THE CHARGES OF OTHER COMMITTEES RAN BY MEDICAID AND CHIP SERVICES.

IN ACCORDANCE WITH THE-- FROM MEDICARE AND MEDICAID SERVICES CONTRACT YEAR 2023 FEDERAL RULE HHSC ENDED THE TEXAS DUAL ELIGIBLES INTEGRATED CARE ADMINISTRATION PROJECT ON DECEMBER 31ST 2025 AND IMPLEMENTED IN ITS PLACE INTEGRATED DUAL ELIGIBLE SPECIAL NEEDS PLANS ON JANUARY 1ST 2026. HHSC COMPLETED THE COORDINATED CARE PILOT PROJECT ON DECEMBER 1ST 1995.

AROUND THE SAME TIME, THE STAR MANAGE CARE PROGRAM WENT LIVE IN THE SAME COUNTIES AND BECAME THE DOMINANT PROGRAM.

THE TEXAS MEDICAID WELLNESS PROGRAM ENDED SEPTEMBER 17TH 2017 MEDICARE FEE FOR SERVICE CONTRACTING WAIVER PROGRAM THAT HHSC TERMINATED AFTER ELIGIBLE PARTICIPATION DECLINED SIGNIFICANTLY DUE TO THE TRANSITION OF SEVERAL MEDICAID SERVICES AND POPULATIONS TO MANAGE CARE.

AND FINALLY RULES FOR THE FIRST TWO ELIGIBILITY PERIODS OF THE QUALITY INCENTIVE PAYMENT PROGRAM OR QUIP FOR NURSING FACILITIES PRIOR OR EXPIRED SEPTEMBER 1ST 2019.

RULES ARE ALREADY IN PLACE FOR THE PROGRAM FOR ELIGIBILITY PERIODS FOR QUIP AFTER SEPTEMBER 1 2019.

GIVEN THAT THESE PROGRAMS, ADVISORY COMMITTEES AND RULES ARE NO LONGER ACTIVE. HHSC PROPOSES TO REPEAL RULES.

THEY WILL NOT BE REINSTATED ELSEWHERE IN THE TEXAS ADMINISTRATIVER CODE. THE PUBLIC WILL BENEFIT FROM RULES THAT CLEARLY REPRESENT THE CURRENT STATE OF MEDICAID

[00:25:01]

AND CHIP SERVICES PROGRAMS AND EASIER NAVIGATION OF OUR TAC

RULES. >> OKAY THANK YOU MICHELLE.

WE WILL NOW HEAR FROM KATE-- WHO WILL PROVIDE A SUMMARY ON DEAF BLIND MULTIPLE DISABILITIES PROGRAM REVISIONS.

>> GOOD MORNING. I AM KATE LAYMAN DIRECTOR OF PROGRAM POLICY FOR MEDICARE AND CHIP SERVICES.

HHSC IS UPDATING THE DEAF BLIND WITH MULTIPLE DISABILITIES OR DBMD RULE IN TITLE 26 PART 1 CHAPTER 260 BY AMENDING SECTION 260.151 WHICH IS RELATED TO PROGRAM PROVIDER COMPLIANCE WITH RULES. THE PROPOSED RULE UPDATES REFERENCES TO SECTIONS OF THE TEXAS ADMINISTRATIVE CODE THAT HAVE BEEN TRANSFERRED FROM TITLE 40 TO TITLE 26.

AND ALSO CODE FIES THE DBMD PROVIDER CONTRACT REQUIREMENT FOR DBMD PROVIDERS TO COMPLY WITH THE HHSC DBMD PROGRAM MANUAL WHICH IS POSTED ON THE HHSC WEBSITE.

CURRENTLY HHSC REQUIRES THAT CONTRACT TO DBMD PROGRAM PROVIDERS COMPLY WITH ALL APPLICABLE AND FEDERAL STATE STATUES INCLUDING PROVIDER MANUALS.

HHSC ANTICIPATES THAT THOSE RECEIVING AND PROVIDING DBMD SERVICES WILL HAVE MORE CLARITY REGARDING EXPECTATIONS WITH THIS CHANGE. THE PUBLIC WILL BENEFIT FROM THE ADDITION OF THE PROVIDER MANUAL TO THE RULE AS THIS INCREASES THE TRANSPARENCY OF WHAT HHSC EXPECTS FROM PROGRAM PROVIDERERS IN TERMS OF COMPLIANCE.

AND UPDATING THE ATTACK TO UNDERSTAND AND THE PUBLIC WILL UNDERSTAND MORE ACCURATE CITATIONS WHEN TRYING TO CROSS REFERENCE DIFFERENT SECTIONS OF THE RULE.

WE DID POST THIS RULE FOR INFORMAL COMMENT BETWEEN APRIL 17TH AND APRIL 30TH. WE DID RECEIVE COMMENT AT THAT TIME. PROVIDERS HAVE EXPRESSED SOME CONCERNS THAT BY CODE FIEING THE CONTRACT REQUIREMENT FOR THE DBMD PROVIDER TO COMPLY WITH THE PROGRAM MANUAL, COULD HAVE THE EFFECT OF LIMITING OPPORTUNITIES FOR PUBLIC INPUT ON PROGRAM POLICIES. HHSC DOES ANTICIPATE THAT PUBLIC COMMENTS RECEIVED DURING THE FORMAL POSTING WHICH IS HAPPENING RIGHT NOW IN THE TEXAS REGISTER ON THE RULE AMENDMENTS MAY ECHO THOSE SAME CONCERNS.

HOWEVER WE DO STILL HOLD THE POSITION THAT WE ARE ACTUALLY ENHANCING TRANSPARENCY BY MAKING IT CLEAR THAT THE EXISTING REQUIREMENT FOR THOSE PROVIDERS TO COMPLY WITH THE PROGRAM HANDBOOK IS ALSO IN OUR RULE AND NOT JUST THEIR

CONTRACT. >> OKAY THANK YOU KATE.

WE WILL NOW HEAR FROM CHRISTY CARR WHO WILL PROVIDE A SUMMARY ON PROPOSED AMENDMENTS CONCERNING EMERGENCY DETENTION.

>> GOOD MORNING MEMBERS OF THE COUNCIL.

MY NAME IS CHRISTY CARR I SERVE AS THE ASSOCIATE COMMISSIONER OVERSEEING STATE HOSPITALS. HHSC IS UPDATING RULES IN TITLE 26 CHAPTER 306 RELATED TO ADMISSION DISCHARGE CONTINUITY OF CARE. THE PROPOSED PROJECT IS IN RESPONSE TO SENATE BILL 1164 FROM THE 89TH TEXAS LEGISLATURE REGULAR SESSION WHICH AMENDED TEXAS HEALTH AND SAFETY CODE SECTION 573. RULES WILL UPDATE GROUND FOR AN E EMERGENCY DETENTION AND WE ARE ALSO MAKING NON-SUBSTANTIVE CHANGES THAT ADD CLARITY. THE PUBLIC WILL BENEFIT BY ADDING MORE PROTECTIONS FOR INDIVIDUALS FOR EMERGENCY DETENTION SINCE THERE ARE NEW FACTORS TO REVIEW IN DECIDING IF E EMERGENCY DETENTION IS NECESSARY.

>> QUESTION YOU? OKAY THANK YOU CHRISTY.

AND OUR LAST ITEM IN THIS SECTION WE WILL CALL UP JOSHUA-- WHO WILL PRESENT ASSISTED LIVING FACILITIES

REORGANIZATION. >> HELLO AND GOOD MORNING.

CAN YOU HEAR ME ALL RIGHT. OKAY GOOD MORNING.

MY NAME IS JOSHUA BAN I'M THE DIRECTOR OF POLICY AND RULES WITHIN THE LONG-TERM CARE REGULATORY POLICY RULES OFFICE.

HHSC IS UPDATING THE SURVEY AND LICENSE RENEWAL RULES FOR ASSISTED LIVING FACILITIES BY PROPOSING AMENDS TO RULES IN

[00:30:05]

TITLE 26 PART 1 CHAPTER 55. THE PURPOSE OF THE RULE PROJECT 25R031 IS TO UPDATE AND REORGANIZE CERTAIN RULES IN CHAPTER 553 TO MAKE KEY TOPICS EASIER TO FIND.

ADD MORE CLARITY OR SPECIFICITY TO CERTAIN RULES.

REMOVE UNNECESSARY OR OVERLY BURDENSOME RULES.

IMPROVE OVERALL READABILITY AND UPDATE REFERENCES THROUGHOUT THE CHAPTER. AND THROUGHOUT THE CHAPTER TO BETTER REFLECT CURRENT POPULATION SERVED IN ASSISTED LIVING FACILITIES WHICH HAS CHANGED GREATLY SINCE ORIGINAL RULES WERE DEVELOPED IN 1991. THE PROPOSAL INCLUDES SEVERAL IMPORTANT CLARIFICATION ENHANCEMENTS.

IT CLARIFIES THAT A RESIDENT IN ASSISTED LIVING MUST BE AT LEAST 18 OR EMANCIPATED MINOR. STRENGTHENS RULES RELATING TO MEDICAID ADMINISTRATION BY REQUIRING DOCUMENTATION OF DOSES ADMINISTERED INSTEAD OF DOSES MISSED.

CLARIFIES THAT ASSISTED LIVING FACILITIES MUST OFFER A PLANNED ACTIVITY TO RESIDENTS DAILY INSTEAD OF AT LEAST ONCE PER WEEK. ADDS GUIDANCE ON THE USE OF BED RAILS. CLARIFIES THAT CERTAIN ASSISTIVE DEVICES AND POSTURE SUPPORT DEVICES ARE NOT TO BE CONSTRUED AS RESTRAINTS. PROVIDES MORER GUIDANCE RELATING TO RESPITE ADMISSIONS. SPECIFIES RESIDENT RECORDS MUST BE RETAINED FOR FIVE YEARS AFTER SERVICE ENDS AND REFORMATS RULES IN THE ENFORCEMENT SECTION FROM QUESTION AND ANSWER FORMAT TO STANDARD RULE FORMAT.

REVISIONS TO SUB-CHAPTER D FOR LIFE SAFETY CODE ALSO UPDATES REFERENCES CURRENT TYPO GRAPHICAL ERRORS AND MOVE THE PHYSICAL PLANT REQUIREMENTS FOR A SERTER FIED ALZHEIMER'S ALF FROM SUB CHAPTER C TO D WITH UPDATED LANGUAGE SPECIFIC TYPE AND SIZE OF ASSISTED LIVING FACILITY.

PROPOSAL ALSO UPDATES CITATION TO THE TEXAS GOVERNMENT CODE AS MODIFIED BY HOUSE BILL 4611. 88 T LEGISLATURE REGULAR SESSION 2023. HOUSE BILL 4611 MADE CERTAIN NONSUBSTANTIVE REVISIONS TO SUBTITLE I TITLE 1 SXUM TITLE 4 TEXAS GOVERNMENT CODE WHICH GOVERNS HHSC MEDICAID AND OTHER SOCIAL SERVICES AS PART OF THE LEGISLATURE'S ONGOING STATUTORY REVISION PROGRAM. THE UPDATED CITATION BECAME EFFECTIVE APRIL 1ST 2025. THE PUBLIC WILL BENEFIT FROM INCREASED CLARITY ON THE RULES AND LANGUAGE FROM PLAIN LANGUAGE EDITS. MORE SPECIFIC GUIDANCE AND ORGANIZATION OF THE RULES AND AMENDMENTS THAT HAVE TAKEN STAKEHOLDER FEEDBACK INTO ACCOUNT.

RULES WILL ENSURE THE HEALTH AND SAFETY OF RESIDENTS AND

ASSISTIVE LIVING FACILITIES. >> ANY QUESTIONS? OKAY THANK YOU JOSHUA. WE WILL NOW MOVE ONTO ITEM 3B A RULE PROPOSAL SUBMITTED TO THE TEXAS REGISTER BUT NOT PUBLISHED. THE PUBLIC COMMENT PERIOD HAS NOT OPENED. AND JOSH WE WILL START WITH YOU. PRESENTING TWO SUMRIES.

FIRST CONCERNING HOME COMMUNITY SUPPORT SERVICES AGENCY MODERNIZATION AND THEN CONCERNING IMMEDIATE CARE

FACILITIES. >> SO HHSC IS UPDATING RULES FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES BY PROMOTING-- PROPOSING AMENDMENTS TO RULES TITLE 26 PART 1 CHAPTER 558. PROPOSAL PROJECT 22R045 IMPLEMENTS HOUSE BILL 1009 HOUSE BILL 4611 4696 SENATE BILL 240 AND SENATE BILL 1849 ENACTED DURING THE 88 T LEGISLATURE REGULAR SESSION 2023.

AND SENATE BILL 463 ENACTED DURING THE 89TH REGULATION REGULAR 2025. TO PRESCRIBE AND STREAMLINE HHSC'S PROCESS FOR ALLEGATIONS OF ABUSE IS AND NEGLECT AND EXPLOITATION OF CLIENTS TO ENSURE RULES REFLECT CURRENT INDUSTRY PRACTICES AND CHANGES IN SERVICE DELIVERY MODELS.

LICENSESURE REQUIREMENTS AND ENFORCEMENT PROCEDURES.

THE PROPOSAL ALSO UPDATES CITATIONS IN THE TEXAS GOVERNMENT CODE MODIFIED BY HOUSE BILL 4611 88TH REGULAR SESSION 2023. HOUSE BILL 1009 CREATED TEXAS HEALTH AND SAFETY CODE 253.0025 TO REQUIRE A HEALTH AND COMMUNITY SUPPORT SERVICE AGENCY TO SUSPEND THE EMPLOYMENT OF AN UNLICENSED EMPLOYEE WHO HHSC FINDS SEN GAUGED IN REPORTABLE CONDUCT WHILE THE EMPLOYEE EXHAUSTS ANY

[00:35:01]

APPLICABLE APPEALS PROCESS. INCLUDING INFORMAL AND FORMAL APPEALS AND ANY HEARING OR JUDICIAL REVIEW.

HOUSE BILL 4696 AMENDED TEXAS HUMAN RESOURCES CODE 48.252 TO REQUIRE ALLEGATIONS OF ABUSE NEGLECT AND EXPLOITATION TO BE REPORTED TO HHSC RATHER THAN DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. HOUSE BILL 4696 ALSO AMENDED TEXAS HEALTH AND SAFETY CODE 142.009J TO STATE THAT A SURVEY MAY RATHER THAN MUST BE CONDUCTED WITHIN 18 MONTHS AFTER A SURVEY FOR AN INITIAL LICENSE AND DELETE REQUIREMENT THAT THIS VISIT MUST BE MADE ON SITE.

SENATE BILL 240 CREATED TEXAS HEALTH AND SAFETY CODE CHAPTER 331 TO REQUIRE HOME COMMUNITY BASED SERVICE AGENCY-- EXCUSE ME, HHSC PROVIDING LICENSED HOME AND HEALTH SERVICES TO HAVE A POLICY AND PREVENTION PLAN RELATED TO WORKPLACE VIOLENCE. IF THE HHSC EMPLOYS MORE THAN-- IF THE HCSSA I APOLOGIZE-- EMPLOYS MORE THAN TWO REGISTERED NURSES. THESE RULES DELETE OUTDATED REFERENCES. UPDATE CITATIONS AND MAKE RULE LANGUAGE EASIER TO UNDERSTAND. THESE ALSO DESCRIBE HHSC'S INVESTIGATION PROCESS. OF ALLEGED ABUSE AND EXPLOYTATION OF CLIENTS. THE PUBLIC WILL BENEFIT FROM THE CLEAR AND EEFFICIENT PROCESS OF APLYING OF A HIXEL LICENSE. RELATED TO TELESERVICES AND ELECTRONIC RECORDS TO REFLECT CURRENT INDUSTRY PRACTICES.

>> INCLUDED UPDATES AS WELL. OKAY.

THANK YOU SO MUCH. >> NO I APOLOGIZE ICF IS THE

NEXT ONE. >> OKAY.

>> ALL RIGHT SO HHSC IS PROPOSING A NEW RULE ENTITLED 26 PART 1 CHAPTER 551 CONCERNING WORKPLACE VIOLENCE PREVENTION REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES OR RELATED CONDITIONS. PROPOSAL PROJECT 26RZ18 WAS I INITIATED TO IMPLEMENT SENATE BILL 463 FROM THE 89TH REGULAR LEGISLATIVE SESSION. SENATE BILL 463 AMENDED TEXAS HEALTH AND SAFETY CODE CHAPTER 331 TO INCLUDE LICENSED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES OR RELATED CONDITIONS AND STATE SUPPORTED LIVING CENTRES. AND THE FACILITIES DEFINITION THAT ARE NOW SUBJECT TO WORKPLACE VIOLENCE PREVENTION REQUIREMENTS. THE PROPOSED RULE REQUIRES EACH FACILITY CREATE ORRER DESIGNATE A WORKPLACE VIOLENCE PREVENTION COMMITTEE RESPONSIBLE FOR DEVELOPING WORKPLACE VIOLENCE PREVENTION PLAN. ALSO ESTABLISHES REQUIREMENTS FOR THE COMMITTEE MEMBERSHIP. ORGANIZATIONS THAT OPERATE MULTIPLE FACILITIES MAY USE A SINGLE COMMITTEE PROVIDED THAT A FACILITY-SPECIFIC PLAN IS MAINTAINED FOR EACH FACILITY.

THE PROPOSED RULE ALSO REQUIRES FACILITIES TO ADOPT, IMPLEMENT WORKPLACE POLICIES AND PLANS. THE POLICY MUST ADDRESS SUCH AREAS AS ENCOURAGING STAFF TO REPORT WORKPLACE VIOLENCE AND PROTECT STAFF FROM RETALIATION FROM MAKING A REPORT.

THE WORKPLACE VIOLENCE PREVENTION PLAN MUST BE SPECIFIC TO THE FACILITY AND ADDRESS AREAS INCLUDING STAFF TRAININGS. SECURITY MEASURES, INSTANT REPORTING AND INVESTIGATION PROCESSES AS WELL AS EMPLOYEE INPUT. AND THE COMMITTEE MUST REVIEW THE PLAN ANUALLY. IN ADDITION THE PROPOSED RULE ACQUIRES FACILITIES TO PROVIDE IMMEDIATE SERVICES TO HEALTH CARE PROFESSIONALS AND FACILITY EMPLOYEES FOLLOWING AN INSTANCE OF WORKPLACE VIOLENCE. FACILITIES MUST ALSO ALLOW STAFF TO CONTACT LAW ENFORCEMENT AND MAY NOT DISCRIMINATE OR RETALIATE AGAINST INDIVIDUALS.

A PUBLIC BENEFIT OF THE PROPOSED RULE SIM PROVED SAFETY FOR HEALTH CARE PROFESSIONALS. FACILITY EMPLOYEES AND RESIDENTS THROUGH WORKPLACE VIOLENCE PREVENTION PLANS.

POLICIES. REPORTING PROCESSES AND PROTECTIONS AGAINST RETALIATION.

THESE REQUIREMENTS ARE INTENDED TO PROVIDE A SAFER ENVIRONMENT FOR BOTH THE DELIVERY AND RECEIPT OF SERVICES.

THAT'S ALL OF MINE. >> OKAY.

THANK YOU JOSHUA. WE WILL BRING CHRISTY CARR BACK UP TO PRESUME SUMMARY ABOUT INPATIENT COMPETENCY

RESTORATION. >> OKAY FOR THE RECORD AGAIN MY NAME IS CHRISTY CARR ASSOCIATE COMMISSIONER OVER STATE HOSPITALS. HHSC IS PROPOSING NEW RULES IN

[00:40:01]

TITLE 26 CHAPTER 926 RELATED TO INPATIENT COMPETENCY RESTORATION. THE PROPOSAL SENATE BILL 528 FROM THE 89TH LEGISLATIVE SESSION WHICH ADDED TEXAS HEALTH AND SAFETY CODE CHAPTER 580 RELATED TO INPATIENT COMPETENCY RESTORATION SERVICES.

THIS NEW CHAPTER REQUIRES EACH FACILITY THAT CONTRACTS WITH HHSC TO PROVIDE INPATIENT COMPETENCY RESTORATION SERVICES TO ENTER INTO A MEMORANDUM OF UNDERSTANDING TO OUTLINE POWERS AND DUTIES OF RESTORATION SERVICES.

THE MEMORANDUM OF UNDERSTANDING IS BETWEEN THE FACILITY AND COUNTY MUNICIPALITY OR THE FACILITY IS LOCATED AND EACH LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIOURAL HEALTH AUTHORITY THAT OPERATES IN THE COUNTY OR MUNICIPALITY.

THIS PROPOSAL REQUIRES EACH FACILITY TO REPORT HHSC REGARDING INDIVIDUALS TO RECEIVE INPATIENT COMPETENCY RESTORATION SERVICES. THE PROPOSAL ALSO REQUIRES AN HHSC CONTRACTOR TO USE THE TEXAS STATE HOSPITAL STANDARDIZED COMPETENCY REGULATION TO ENSURE CONSISTENCY AND THE DELIVERY OF COMPETENCY RESTORATION SERVICES AND TO REQUIRE ANY SUB CONTRACTOR TO USE THE STANDARDERIZED COMPER TENSY RESTORATION CURRICULUM.

THE PUBLIC BENEFIT WILL BE INCREASED PUBLIC SAFETY.

IMPROVED COMMUNICATION BETWEEN EMERGENCY SERVICES.

LAW ENFORCEMENT AND MENTAL HEALTH PROVIDERS AND IMPROVE OUTCOMES FOR INDIVIDUALS AND INPATIENT COMPETENCY

RESTORATION PROGRAMS. >> THANK YOU.

WE WILL NOW HEAR FROM-- WHO WILL PRESENT CONCERNING TRAINING AND CERTIFICATION OF PROMOTERS OR COMMUNITY HEALTH

WORKERS. >> GOOD MORNING.

MY NAME IS NESHA BAKTHA HEALTH DIRECTOR OF CHRONIC DISEASE PREVENTION SECTION OF THE DEPARTMENT OF STATE HEALTH SERVICES. I'M PRESENTING PROPOSED AMENDMENTS AND ONE REPEAL TITLE 25 TEXAS ADMINISTRATIVE CODE CHAPTER 146 REGARDING TRAINING AND CERTIFICATION OF PROMOTERES OR COMMUNITY HEALTH WORKERS. THIS AMENDMENT AND PROPOSAL WAS I INITIATED BY RETURNING REQUEST FILED BY RULE REVIEW TO UPDATE CHAPTER 146. RULE CHANGES INCLUDE REFERENCE TO MILITARY CERTIFICATION PATHWAY THAT WAS ADDED.

MILITARY SERVICE MEMBERS SPOUSES AND VETERANS MAY APPLY FOR ALTERNATIVE CHW CERTIFICATION OR CERTIFICATION EXEMPTIONS THROUGH EXISTING HHSC LICENSING PROVISIONS IN 25TAC SECTION 1.81 AND 1.91. THIS REFERENCE WAS ADDED TO THE RULE. HW ADVISORY COMMITTEE WAS ADDED. TRAINING CERTIFICATION ADVISORY IS THE FIELD BECAUSE COMMITTEE EXPIRED IN AUGUST 2023 AND WAS DISCONTINUED IN NOVEMBER 2025. RULES ALIGN BE THE CURRENT DSHA POLICY. CERTIFICATION RIEFRMENTS FOR CHW TRAINING PROGRAMS INSTRUCTORS AND CHWS ARE UPDATED TO BETTER ALIGN WITH CURRENT POLICIES AND PROCEDURES. DEFINITIONS UPDATED FOR CLARITY, REFERENCES UPDATED TO DSHS AND COOL COMPETENCY DESCRIPTIONS ARE UPDATED AND OUTDATED TERMS AND COMMITTEE RELATED DEFINITIONS ARE REMOVEED.

NONDISCRIMINATION LANGUAGE IS REVISED AND CONTINUING EDUCATION REQUIREMENTS ARE UPDATED TO ALIGN WITH CURRENT DHSA POLICY. THE RULES CLARIFY TIM PACT OF CERTIFICATION DENIAL, SUSPENSION IN FUTURE ELIGIBILITY AND REMOVES SEPARATE--.

MUCH OF THE CHAPTER IS UPDATED FOR CLARITY, CONSISTENCY AND UPDATED TERMINOLOGY WHILE MAINTAINING PROGRAM REQUIREMENTS. THE PUBLIC WILL BENEFIT FROM CLEARER RULES GOVERNING TRAINING AND CERTIFICATION OF PROMOTERES OR CHW INSTRUCTORS AND TRAINING PROGRAMS. THE PROPOSAL WILL ALSO BENEFIT THE PUBLIC BY SUPPORTING EXPANDED CERTIFICATION PATHWAYS FOR ELIGIBLE MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS WHO MAY SERVE IN THE COMMUNITY HEALTH WORKER RULES THAT HELP CONNECT TEXANS TO HEALTH CARE, EDUCATION, REFERRAL AND OTHER COMMUNITY-BASED SERVICES.

QUESTIONS FOR ME? >> NO QUESTIONS.

THANK YOU. OKAY WE WILL NOW BRING SHARON JACOB BACK UP TO PRESENT SUMMARY CONCERNING LICENSED CHEMICAL DEPENDENCY COUNSELLOR TELEHEALTH RECORDS.

>> ALL RIGHT HELLO AGAIN. I'M SHARON JACOBS DIRECTOR OF POLICIES RULES FOR HEALTH CARE REGULATION.

>> I'M SOREY IF YOU WOULD PULL THE MIC CLOSER.

>> SO SORRY. HHSC UPDATING RULES FOR LICENSED CHEMICAL DEPENDENCY COUNSELLOR ALSO KNOWN AS LCDCS

[00:45:04]

BY PROPOSING AN AMENDMENT TO SECTION 562.24 WITH TITLE 26 PART 1 OF CHAPTER 562. THE PROJECT IMPLEMENTS HOUSE BILL 1700 FROM THE 88TH REGULAR SESSION.

1700 REQUIRES CERTAIN REGULATORY STATE AGENCIES TO CREATE RULES STANDARDERIZING HOW PROFESSIONALS DOCUMENT AND KEEP PATIENT RECORDS AND INCLUDING FOR TELEHEALTH AND AUDIO ONLY FORMAT. PROJECT 26R015 IMPLEMENTS HB1700 BY ESTABLISHING CLEAR CONCISE STANDARDS FOR PATIENT RECORD DOCUMENTATION, RETENTION AND PROPER ELECTRONIC PROTOCOLS. ADDITIONALLY THE PROJECT ADDS RELEVANT DEFINITIONS AND REQUIREMENTS FOR VIDEO AND AUDIO THE ELE HEALTH COUNSELING SERVICES INCLUDING REQUIREMENTS FOR IDENTITY CHECKS. SAFEGUARDS AND VERBAL CONSENT.

RULES ALSO ENSURE IN PERSON COUNCIL IS AVAILABLE BY REQUEST. THE STAKE HOLDERS BENEFIT FROM IMPROVED STANDARDS AND CLARITY ABOUT REQUIREMENTS FOR TELEHEALTH LCDC SERVICES. THE RULE DOES NOT CREATE ANY ADVERSE EFFECTS OR COMPLIANCE CAUSED AND ENSURES HEALTH AND SAFETY AND WELFARE OF TEXAS RESIDENTS WHERE MAINTAINING

LOCAL CONTINUITY OF CARE. >> QUESTIONS? OKAY THANK YOU SHARON. WE ARE GOING TO CALL UP ROSA-- WHO WILL PRESENT SUM EHRIE CONCERNING GUARDIANSHIP

SERVICES PROGRAM. >> GOOD MORNING EVERYBODY.

CAN YOU ALL HEAR ME OKAY. GREAT.

MY NAME IS IS ROSA BERUMAN DIRECTOR FOR THE OFFICE OF GUARDIANSHIP SERVICES AND THE PROGRAM.

TEXAS HEALTH SERVICES COMMISSION PROPOSES REPEALS, AMENDS NEW ROLES IN TEXAS ADMINISTRATIVE CODE TITLE 26 PART 1 CHAPTER 361 CONCERNING GUARDIANSHIP SERVICES PROGRAM.

THIS RULES PROJECT WAS I INITIATED TO ALIGN ROLES WITH GUARDIANSHIP REQUIREMENTS, PRACTICES AND PROCEDURES AND TO MATCH REGULATIONS AND STATUTES RELATED TO GUARDIANSHIP.

THE PROPOSED AMENDMENTS UPDATE THE DEFINITIONS USED IN THE CHAPTER AND REMOVE OUTDATED TERMINOLOGY.

THE PROPOSAL ALSO UPDATES AGENCY NAMES BY REPLACING DADS WITH HHSC. PROPOSED RULES REMOVE REFERENCES TO DAS. UPDATES DEFINITIONS AND MAKES RULES CONSISTENT WITH CURRENT GUARDIANSHIP STATUTES, ROLES ETHICS MINIMUM STANDARDS. INCORPORATES PROGRAM POLICY PROCEDURES AND REQUIREMENTS FROM THE MEMORANDUM OF UNDERSTANDING WITH DFPS INCLUDING ADULT PROTECTIVE SERVICES AND CHILD PROTECTIVE SERVICES.

REMOVES OUTDATED TERM KNOLLGY AND MAKES GRAMMATICAL AND EDITORIAL CHANGES TO CLARIFY LANGUAGE AND ENHANCE UNDERSTANDING, ACCURACY AND UNIFORMITY.

INDIVIDUALS REFER TO THE GUARDIANSHIP SERVICES PROGRAM AND INDIVIDUALS RECEIVING GUARDIANSHIP SERVICES BENEFIT FROM UPDATED ROLES THAT CLEARLY OUTLINE ROLES FOR THE GUARDIANSHIP PROGRAM AND THE CONTRACTORS PROVIDING

GUARDIANSHIP SERVICES. >> OKAY THANK YOU ROSA.

JILLIAN-- WILL NOW COME UP AND PRESENT A SUMMARY ON RADIATIONAL SAFETY REQUIREMENTS FOR ACCELERATORS.

>> GOOD MORNING. I'M JILLIAN-- THE RADIATION SECTION DIRECTOR UNDER THE CONSUMER PROTECTION DIVISION DSHS. IT IS UPDATING 25 TEXAS ADMINISTRATIVE CODES SECTION 289.229 RADIATION SAFETY REQUIREMENTS FOR ACCELERATORS. THERAPEUTIC RADIATION MACHINES.

RADIATION THERAPY SIMULATION SYSTEMS AND ELECTRONIC THERAPY DEVICES. THE PROPOSED AMENDMENT ADDS DEFINITION OF REMOTE OPERATION TO CLARIFY THE PROHIBITION OF REMOTE OPERATION APPLIES SPECIFICALLY TO EXPOSING PATIENT TO IONIZING RAID I DIDN'T GOS WHEN OPERATING FROM A REMOTE LOCATION AT HEALTH CARE FACILITY WHERE RADIATION PRODUCING MACHINE IS LOCATED. THE PROPOSAL ALSO CORRECTS REFERENCES AND REMOVES OBSOLETE REFERENCE TO 22 TEXAS ADMINISTRATIVE CODE SECTION 160.17 WHICH TEXAS MEDICAL BOARD REPEALED IN JANUARY OF 2025.

THIS AMENDMENT REVISES LANGUAGE RELATING TO LICENSING MEDICAL TO TO ALIGN WITH OCCUPATIONAL CODE CHAPTER 602 AND ENSURING THE ROLE REFLECTS CURRENT STATUTORY AUTHORITY AND CLARIFIES EXISTING LANGUAGE TO IMPROVE STAKE HOLDER UNDERSTANDING. THIS RULE WILL BE OPEN FOR PUBLIC COMMENT STARTING SEPTEMBER 18TH.

>> ANY QUESTIONS? OKAY.

THANK YOU JILLIAN. OUR LAST ONE TODAY WILL BE FROM

[00:50:03]

MEGAN SNYDER WITH THE CONCERNING NEEDLELESS DEVICE REGISTRATION. TO NEED TO REGISTRATION NEEDLESS DEVICES FOLKS. OKAY THANK YOU MEGAN.

GO AHEAD. >> GEED MORNING.

MEGAN SNIERD OPERATIONS MANAGER OF THE DRUGS AND MEDICAL DEVICES UNIT AT THE DEPARTMENT OF STATE HEALTH SERVICES.

THE PROPOSED REPEAL OF 25 TEXAS ADMINISTRATIVE CODE SECTIONS 96.302 THROUGH 96.304 REMOVES REQUIREMENTS RELATED TO THE REGISTRATION OF NEEDLELESS SYSTEMS AND SHARPS DEVICES WITH ENGINEERED SHARPS INJURY PROTECTION.

THE PROPOSAL IS NECESSARY TO COMPLY WITH SENATE BILL 970 OF THE 87TH LEGISLATURE REGULAR SESSION 2021 WHICH REPEALED TEXAS HEALTH AND SAFETY CODE SECTION 81.307.

AND REMOVED THE REQUIREMENT FOR THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO REGISTER THESE DEVICES.

AS A RESULT THE RULES ARE NO LONGER NECESSARY AND ARE PROSE PRO POSED FOR REPEAL TO ALIGN AGENCY RULES WITH CURRENT STATUTE. THE PROPOSAL REMOVES AN EXISTING REGULATORY REQUIREMENT THAT IS NO LONGER REQUIRED BY

STATUTE. >> OKAY SO IT IS A NEEDLESS NEEDLELESS REGISTRY. SOREY.

>> NEEDLELESS DEVICE. >> OKAY, GOT IT.

THANK YOU. THAT CONCLUDES OUR SUMMARY AND

[4. Public comment]

WE WILL MOVE ONTO AGENDA ITEM FOUR PUBLIC COMMENT.

TESSA, ARE THERE ANY PUBLIC COMMENT CARDS?

>> YES, MA'AM. WE HAVE HAD THREE CARDS TURNED IN. OUR FIRST VIRTUAL IS HEIDI MAY FOR AGENDA ITEM 3A5 RULE 26R074.

>> OKAY AND THIS IS JUST FOR EVERYONE'S TREFRNS ITEM KATELAN

PRESENTED ON DBMD REVISIONS. >> MS. MAY YOU WILL NEED TO TURN ON YOUR CAMERA AND YOUR MIC, PLEASE.

>> SHE'S BACK IN PRESENTER MODE NOW, THANK YOU.

>> MS. MAY IF YOU ARE SPEAKING, YOU ARE MUTED.

MAY NEED TO MOVE ONTO THE SECOND PUBLIC COMMENTER VIRTUAL JUST SO THAT WE CAN HELP MS. MAY.

>> OKAY. >> WE HAVE STEVEN COTE-- HE IS ALSO VIRTUAL FOR AGENDA ITEM 3B1 THE RULE IS 22R045.

>> HELLO COMMISSIONERS AND COUNCIL AND THANK YOU TO TESSA AND HELLO TO MS. DIXON. IT IS RELATED TO THE HEALTH AND COMMUNITY SUPPORT SS STUFFS. I'M A PARTICIPANT OF HCMS I'VE E-MAILED MR. RILEY WEB WHO I SEE IS PRESENT HERE.

I DON'T THINK I'VE E-MAILED ROBIN STRICKLAND YET BUT I KNOW BOTH OF THEM REPORT ON THE OUTCOMES OF THESE PROGRAMS YET YOU MAY SEE ME LOOKING AT TWO DIFFERENT SCREENS EVERYTHING IS UPSIDE DOWN FOR ME WHICH IS WHAT BRINGS ME HERE.

THE-- SO LIKE I SAID I'M IN THE HDBS, AMH PROGRAM IS LIKE SOCIAL SECURITY ACT 1915I PROGRAM.

I KNOW THAT YA'LL LIKE TO DO THE WHOLE-- IN 1915 AND CITING THE SECTION CODES BUT BASICALLY WHAT I'M HERE IS I KNOW THAT THEY REPORT ON THESE YUT COMES LIKE OH REDUCTION OF E.R.

VISITS AND JAIL DIE VERSION AND STUFF-- DIVERSION AND IT'S SO GREAT WHEN THESE RULE PROPOSALS AND THESE HR MODERNIZATION AND COLOUR CODED AND BUREAUCRATIZED AND ALL ORGANIZED BUT I'M

[00:55:01]

SAYING ON THE GROUND FOR SOMEBODY WHO IS RECEIVING THESE SERVICES THAT ARES OTENSABLY DESIGNED TO SUPPORT US AND IMPROVE OUR QUALITY OF LIFE, IT JUST NEVER SEEMS TO FEEL THAT WAY. IT'S MORE ENCUMBERING OF PROBLEMS. THESE PROVIDERS AND THESE AGENCIES, RECOVERY--. THEY TEND TO COME WITH MORE PROBLEMS THAN SOLUTIONS. AND I UNFORTUNATELY SUFFER FROM AUTISM AND ADHD AND I'M REGISTERED WITH LIDDA THE LMHC OF HARRIS COUNTY AND THEY ARE DENYING ME LEFT AND RIGHT.

I WAS THERE YESTERDAY I EVEN HAD TO CALL THE POLICE BECAUSE THEY ARE DENYING ME. I'M AS DIPLOMATIC AND RESPECTFUL AS THEY COME YET I'M STILL GETTING NOTHING.

THE HCBS PROGRAM IN PARTICULAR THE PROVIDERS THEY WILL COME TO MY HOUSE AND THEY WOULD WAIT OUTSIDE AND BE UNANNOUNCED AND THEY WOULD WAIT OUTSIDE FOR 45 MINUTES AND BILL AS IF THEY SAW ME LIKE $124 AN HOUR THEY GET PAID.

THEY ARE JUST COMPLETELY COMING UP WITH EVERY PROBLEM IN THE BOOK. THEY DON'T EVER COME THROUGH WITH THE SUPPORTS THAT THEY ARE SUPPOSED TO BE COMING THROUGH WITH. IT'S DENIAL AFTER DENIAL REFUSAL AFTER REFUSAL. MR. RILEY WW Y WEBB IS CC'D O SEVERAL OF MY E-MAILS. I CAN'T EAT AND I NEEDY LOT OF SUPPORTS. THEY NEVER COME THROUGH AND I'M JUST ASKING TO ALL PLEASE ASXIFT PLEASE MAKE THE LIDDA DO THEIR JOB. THEY ARE ALL GETTING PAID BUT NONE OF THE SERVICES AND TOOLS THEY ARE SUPPOSED TO BE GIVING TO PEOPLE LIKE US WHO ARE SUFFERING.

WE'RE NOT GETTING THEM AND WE'RE BEGGING YOU GUYS FOR HELP. IF SOMEBODY COULD PLEASE REACH OUT TO ME THAT WOULD BE GREAT. I REALLY NEED YA'LL'S HELP.

THANK YOU SO MUCH. >> THANK YOU SO MUCH FOR COMING IN AND SHARING THAT WITH US AND RILEY IS ON MY TEAM AND I KNOW HE'S BEEN OUT BUT SOMEBODY ON OUR TEAM WILL REACH OUT TO YOU TODAY. SO THANK YOU SO MUCH.

>> THANK YOU SO MUCH FOR THAT. >> NEXT WE HAVE HEIDI MAY FOR AGENDA ITEM 3A5 RULE 26R074 MS. MAY IF YOU WILL UNMUTE YOURSELF

PLEASE. >> CAN YOU HEAR ME NOW? OKAY I'M SORRY I DON'T KNOW WHAT WAS GOING ON AT FIRST I WAS SCRAMBLING. OKAY YA'LL ALREADY INTRODUCED ME ONCE. GOOD MORNING I'M THE OWNER OF-- SERVICES OF TEXAS. I HAVE WORKED WITH THE DBMB PROGRAM FOR MORE THAN 20 YEARS AND I AM HERE TODAY ABOUT PROPOSED RULE 26R074 AND THE CHANGE TO SECTION 260.151 SAYS THE DBMD PROVIDERS MUST COMPLY WITH THE HHSC DBMD PROGRAM MANUAL. I WANT TO BE CLEAR FROM THE BEGINNING I AM NOT OPPOSED TO FOLLOWING THE PROGRAM MANUAL.

WE ARE ALREADY DOING THIS. MY CONCERN IS WHAT HAPPENS WHEN THE MANUAL AT HHSC CAN CHANGE BECOMES AN ENFORCEABLE REQUIREMENT UNDER THE TEXAS ADMINISTRATIVE CODE.

THESE ARE TWO IMPORTANT DIFFERENCES BETWEEN THE TWO.

WHEN HHSC CHANGES ADMINISTRATIVE CODE THERE IS A FORMAL RULE MAKING PROCESS AND THE PROPOSED CHANGE IS PUBLISHED. THE PUBLIC CAN SEE IT.

PROGRAM AND FAMILIES CAN COMMENT AND EVERYONE KNOWS WHAT IS CHANGING BEFORE THE RULE BECOMES FINAL.

THE DBMD PROGRAM MANUAL CAN BE CHANGED SIMPLY.

MY QUESTION IS SIMPLE. IF THIS PASSES WHAT PREVENTS HHSC FROM PUTTING NEW REQUIREMENTS INTO THE PROGRAM MANUAL AND ENFORCING THAT REQUIREMENT AGAINST THE PROGRAM UNDER THE SECTION 260151? HHSC SAYS THIS RULE SONL SPENDED TO PUT AN EXISTING CONTRACTUAL REQUIREMENT INTO THE ADMINISTRATIVE CODE. IF THAT'S THE CASE, THERE SHOULD BE NO PROBLEM ADDING PROTECTIONS.

IT SAYS THE PROGRAM MANUAL CANNOT BE USED TO CREATE NEW REQUIREMENTS THAT GO BEYOND THE LAW, THE APPROVED DBMD WAIVER OR TEXAS ADMINISTRATIVE CODE. THIS ISN'T JUST ABOUT PROTECTING PROVIDERS IT'S ABOUT PROTECTING THE DBMD INDIVIDUALS WE SERVE. DBMD IS SUPPOSED TO BE AN INDIVIDUALIZED PERSON PROGRAM. THAT CHANGED TO MANUAL SHOULD NOT BE ABLE TO CREATE NEW DOCUMENTATION REQUIREMENTS FOR STANDARDS PROBING SERVICES OR NEW LIMITS ON SERVICES WHEN THOSE REQUIREMENTS DON'T EXIST IN LAW AND THE CURRENT ADMINISTRATIVE CODE. PROVIDERS ALSO NEED CLEAR ANSWERS ABOUT WHAT HAPPENS WHEN THE PROGRAM MANUAL AND TEXAS ADMINISTRATIVE CODE DON'T AGREE.

I AM SIMPLY ASKING HHSC TO PUT SOME BOUNDARIES AROUND THIS LANGUAGE. THE PROGRAM MANUAL IS IMPORTANT AND PROVIDERS SHOULD FOLLOW IT BUT THE MANUAL SHOULD EXPLAIN AND IMPLEMENT THE RULES. IT SHOULD NOT BECOME A WAY TO CREATE NEW RULES. THE TWO-PAGE HANDOUT THAT I PROVIDED YA'LL SHOWS THE REAL WORLD RESULTS OF WHAT IS

[01:00:02]

CURRENTLY HAPPENING WHEN-- CLARITY GOES WRONG.

THERE IS A SMALL PROVISION THAT IN THE TAC SAYS HHSC REQUEST ADDITIONAL SUPPORTING DUMATION MUST BE SUBMITTED WITHIN TEN DAYS. THAT MIGHT SOUND OBVIOUS AND PROVIDERS HAVE ALWAYS DONE THAT BUT THIS STATEMENT ALLOWS HHSC STAFF TO REQUEST ITEMS THAT ARE OUTSIDE THE REQUIREMENTS AND HHSC STAFF IS REQUESTING DOCUMENTS OR INFORMATION OUTSIDE THE REQUIREMENTS AND THEN DENYING SERVICE WHEN THAT INFORMATION IS NOT PROVIDED. IN 2025, MORE THAN HALF OF MY CLIENTS ENDED UP IN A HEARING AND RISK LOSING SERVICES BECAUSE OF THAT ONE STATEMENT THAT SOUNDED INNOCENT ENOUGH.

REQUIRING PROGRAM PROVIDERS TO COMPLY WITH THE ADMINISTRATIVELY CHANGE OF THE MANUAL CREATES THE SAME DANGER ON A MUCH LARGER SCALE. ADMINISTRATIVE GUIDANCE SHOULD EXPLAIN THE RULES AND SHOULD NOT BE ALLOWED TO SILENTLY REWRITE THEM. IF HHSC SAYS THAT CANNOT HAPPEN THEN PLEASE PUT THAT PROTECTION IN THE RULE.

THANK YOU FOR ALLOWING ME TO SPEAK TODAY AND FOR

CONSIDERATION OF THIS CONCERN. >> THANK YOU.

THANK YOU FOR PROVIDING YOUR INPUT.

>> GOOD MORNING. OUR LAST PUBLIC COMMENT ER IS LISA-- FOR ITEM 3A1 RULE 2 26R048.

>> YES, MA'AM GO AHEAD. >> MY NAME IS LISA--.

I HAVE BEEN-- FOR 46 YEARS. I WAS THE FIRST OCCUPATIONAL-- IN THE GREAT STATE OF TEXAS. I OPENED THE FIRST OCCUPATIONAL SCHOOL IN THE GREAT STATE OF TEXAS.

EVEN LOBBY IN 1993 WE HAVE A--. TODAY I COME HERE MAIN PURPOSE.

I FOUND OUT YOUR AGENCY NOT ONLY YOUR AGENCY EVEN-- THEY ARE FACE BIGGER CHALLENGE. TOO MANY PEOPLE.

THEIR PEOPLE GOT PTSD AND THE STRESS PROBLEM.

AND TODAY I COME HERE I TRY TO ASK-- AGENCY TO COMPLETE WIDE OPEN FOR FIVE-- NOT-- FOR FIVE WITH ME.

I BRING THEM WITH ME. PUT THEM IN-- ONLY FIVE POINTS CAN HELP QUIT PTSD AND THE STRESS PROBLEM.

RESULTS GREAT. ACCORDING TO I UNDERSTAND LAST YEAR I TRIED TO TALK WITH THE GOVERNOR'S OFFICE.

THEY WANT TO PUSH THIS. BUT THEIR PEOPLE SAY OH COME ON OUT. SO I WANT TO-- AGENCY TO BE WIDE OPEN TO TEACH THE PUBLIC THE FIVE-- PUT IN.

THE FIRST THING THAT PEOPLE AND THE PEOPLE AND THE FAMILY AND EACH OTHER OKAY. NO-- INVOLVED AT ALL.

THAT TIME OCCUPATIONAL MEDICINE.

I KNOW THAT'S VERY POWERFUL. YOU KNOW HOW MUCH THEY PAY FOR-- $200. EXCUSE ME A LOT OF MONEY FOR GOVERNMENT. IF WE CAN WIDE OPEN TEACH TO THE PUBLIC ONLY FIVE SEATS IN THE YEAR THAT'S SIMPLE.

SOMETIMES IF YOU ARE STRESSED EVEN THE SEVEN POINTS TO QUIT SMOKING THE STRESS PROBLEM FOR ANXIETY.

SO WE NEED IT FROM-- HOW TO HELP PEOPLE.

I THINK IT IS VERY EASY WAY AND NOT INVOLVED IN THE ANALYZING ISSUE. YEAH THIS IS WHY I COME IN.

LET ME SHOW THE-- OKAY VERY EASY.

>> UNLESS YOU'RE IN FRONT-- WE COULD NOT HEAR YOU.

>> THANK YOU FOR BEING HERE. AND WE WILL MOVE TO ADJOURN.

SO THANK YOU COUNCIL MEMBERS FOR YOUR TIME.

THANK YOU TO THE PUBLIC FOR YOUR PARTICIPATION.

[01:05:03]

ALL BUSINESS HAS BEEN COMPLETED.

PLEASE NOTE FOR THE RECORD

* This transcript was compiled from uncorrected Closed Captioning.