HHS Looking for Feedback on Proposed Rules

Texas Health and Human Services as a government body develops “rules” to implement laws passed by state and federal legislators.   Their website states that “to be good stewards of the public trust, HHS takes into account stakeholder input when rules are being written or updated to ensure interested parties have a chance to contribute to the process.”

Unfortunately, stakeholders such as individual providers rarely become aware of proposed rules or changes to rules that might affect them.  So we are taking this opportunity to make providers aware that they can be notified of such matters directly by HHS and that they can participate and comment directly on such things.

While deciphering what the actual text of the rule or rule change might mean may take the skill of a paralegal, at least one won’t be caught out in the dark that something is going on that might affect them.

Signup for email notifications about rules here.

From the HHS webpage which contains current list of draft and proposed rules:

How Can I Participate in the Process?

Engaging the public and stakeholders is an important element of the HHS rulemaking process. HHS provides informal and formal opportunities for the public and stakeholders to participate in the process.

Interested parties can participate by:

  • offering informal comments.
  • commenting on proposed rules published in the Texas Register.
  • providing input to an advisory committee.
  • attending an HHSC Executive Council meeting.

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.

Advisory Committees

Some rules may require approval of an advisory committee before being proposed in the Texas Register. For more information about HHS advisory committees, please visit the advisory committee web page.

HHSC Executive Council

The HHSC Executive Council reviews proposed rules at a scheduled meeting. Visit the HHS meetings and events page to learn about upcoming meetings.

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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 also includes 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 lasts for a minimum of 30 calendar days.

How to Submit Comments

The Health and Human Services Rules Coordination Office coordinates the rulemaking process and assists health and human services staff involved in developing and publishing rules. For more information about how to submit comments or questions about HHS rulemaking, please email the Rules Coordination Office.

Tips for Submitting Public Comments

HHSC knows that our stakeholders spend a lot of time and energy thoughtfully considering proposed rules and policies, so we want to make sure that we are able to fully understand and consider each comment submitted. With that in mind, here are some tips for submitting comments.

For example, “These rules/policies are too prescriptive” may be a valid comment, but it doesn’t tell HHSC staff what the commenter thinks should be changed.

Consider pointing to specific requirements: “§597.201(a) states that foster children must play outside at least 2 hours per day. This seems too prescriptive.”

In the example above, the commenter thinks the requirement is too prescriptive, but doesn’t offer any specific suggestions. HHSC staff can’t be sure how the commenter would like the rule/policy changed to be less prescriptive.

The commenter may want to add, “Consider an ‘average’ of 2 hours per day” or “Consider exceptions for children with medical conditions as well as extreme weather, such as a hurricane.”

For example, a rule or policy requires facility staff to have 50 hours of annual training, but you would like to suggest 30 hours. HHSC chooses these types of requirements based on research, such as federal requirements, national association recommendations, industry standards, requirements for staff in similar settings, etc.

If a commenter suggests that a requirement be reduced, the comment is stronger if it includes a research source as validation for the suggestion.

A rule/policy may be revised because 20 commenters asked for a change, but what if 100 potential commenters liked the proposed rule/policy and chose not to submit a comment?

Particularly for situations in which stakeholders may disagree, commenting on your support for a rule/policy may provide a valuable counterweight to other commenters who request a change.

What Happens Once A Rule Is Adopted?

After a rule is adopted by the Executive Commissioner of the Health and Human Services Commission, the adopted rule is published in the Texas Register. Once effective, rules are codified into the Texas Administrative Code, which is maintained by the Secretary of State.

To be notified when rules are adopted in the Texas Register, visit the Secretary of State site to register for email notification at http://sos.state.tx.us/texreg/subinfo.shtml.

Current List of Draft Rules

Draft Rules
Rule Title,  Contact Person, and Rule Project Number Draft Rule – Comment period Start Date Draft Rule – Comment period ends End Date
Early Childhood Intervention
Contact: Lacey Hamilton
Project # 18R018

Current List of Proposed Rules

Proposed Rules
Chapter Number, Rule Title Project Number, Project Description Contact Person Comment Period Ends
Chapter 351, Coordinated Planning and Delivery of Health and Human Services Project # 18R008 Advisory Committees Rules Coordination Office September 30, 2018
Chapter 354, Medicaid Health Services Project # 18R005 Peer Support Specialists Rules Coordination Office October 14, 2018
Chapter 355, Reimbursement Rates Project # 18R068 Establishment and Adjustment of Reimbursment Rates Rules Coordination Office October 14, 2018
Chapter 371, Medicaid and Other Health and Human Services Fraud and Abuse Program Integrity Project # 18R029 Nursing Facility Utilization Review Rules Coordination Office October 14, 2018
Chapter 417, Agency and Facility Responsibilities Project # 18R039 Volunteer and Community Engagement Rules Coordination Office October 14, 2018
Chapter 355, Reimbursement Rates Project # 19R001 Uncompensated Care Mariah Ramon October 21, 2018
Chapter 421, Health Care Information Project # 18R055 THCIC – SAMHSA Bruce Burns October 21, 2018
Title 40, Chapter 61, Volunteer and Community Engagement
Moving to new Title 26
Chapter 901, Volunteer and Community Engagement 
Project # 18R033 Volunteer and Community Engagement Rules Coordination Office October 21, 2018
Title 40, Chapter 745, Licensing
Title 26, Chapter 743, Minimum Standards for Shelter Care
Project # 40R026 Background Checks Gerry Williams October 21, 2018

 

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