TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 442. INVESTIGATIONS AND HEARINGS

25 TAC §§442.101 - 442.104

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §442.101, concerning Definitions; §442.102, concerning Complaints and Investigations; §442.103, concerning Procedure for Contested Cases for Counselor and Facility Licenses; and §442.104, concerning Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs.

BACKGROUND AND PURPOSE

The purpose of the proposal is to eliminate outdated rules and ensure consistency with current regulatory practice regarding health care facilities. The proposed repeals are necessary to reflect the transition of these services from the Department of State Health Services (DSHS) to HHSC. Rules for chemical dependency treatment facilities currently exist at Texas Administrative Code (TAC) Title 25, Chapter 448, as authorized by Texas Health and Safety Code, Chapter 464. HHSC's due process procedures for chemical dependency treatment facilities are located in 25 TAC §448.409, Action Against a License.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§442.101 - 442.104 deletes rules no longer necessary because the rule content is outdated and refers to an agency that no longer exists.

FISCAL NOTE

Liz Prado, Deputy Executive Commissioner-Financial Services Division, has determined for each year of the first five years the repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years after the rules are repealed:

(1) the proposed repeals will not create or eliminate a government program;

(2) the proposed repeals will not affect the number of HHSC employee positions;

(3) the proposed repeals will result in no assumed change in future legislative appropriations;

(4) the proposed repeals will not affect fees paid to HHSC;

(5) the proposed repeals will not create a new rule;

(6) the proposed repeals will repeal existing rules;

(7) the proposed repeals will not change the number of individuals subject to the rules; and

(8) the proposed repeals will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Liz Prado has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities.

The proposed repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the repeals do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

David Kostroun, HHSC Deputy Executive Commissioner of Regulatory Services, has determined that for each year of the first five years the repeals are in effect, the public will benefit from elimination of rules that refer to an agency that no longer exists, because it will give greater clarity concerning current rules related to investigations and hearings.

Liz Prado has determined that for the first five years the rules are repealed, there are no anticipated economic costs to persons who are required to comply because they will not be required to alter their business practices.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, Austin, Texas 78751; or emailed to HCQ_PRT@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 20R020" in the subject line.

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies.

The repeals implement Texas Government Code §531.0055.

§442.101.Definitions.

§442.102.Complaints and Investigations.

§442.103.Procedure for Contested Cases for Counselor and Facility Licenses.

§442.104.Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904615

Karen Ray

Chief Counsel

Department of State Health Services

Earliest possible date of adoption: January 19, 2020

For further information, please call: (512) 834-4569