TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 49. ORAL HEALTH IMPROVEMENT PROGRAM

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §§49.1 - 49.10, 49.13 - 49.18, concerning the Oral Health Program; and new §§49.1 - 49.6, concerning the Oral Health Improvement Program.

The repeal of §§49.1 - 49.10, 49.13 - 49.18 and new §§49.1 - 49.6 are adopted without changes to the proposed text as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1598), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

The new rules repeal and replace rules in Chapter 49, in accordance with Texas Government Code, §2001.039, regarding Agency Review of Existing Rules. The repeal and new rules are necessary to accurately reflect program activities and functions of the Oral Health Improvement Program, due to changes implemented by Senate Bill 200 and Senate Bill 219, 84th Legislature, Regular Session, 2015.

The repealed rules included direct client services, which were transferred to HHSC post transformation. The Oral Health Improvement Program remains at DSHS as a public health program that promotes oral health and reduces the burden of dental disease through evidence-based public health initiatives including oral health education and preventive interventions. The program also conducts oral health surveillance activities, analyzes data from multiple sources, and disseminates findings to stakeholders.

COMMENTS

The 31-day comment period ended on April 6, 2020.

During this period, DSHS did not receive any comments regarding the proposed rules.

SUBCHAPTER A. GENERAL PROVISIONS

25 TAC §§49.1 - 49.4

STATUTORY AUTHORITY

The repeals are authorized under Texas Health and Safety Code, Texas Oral Health Improvement Act, Chapter 43; Texas Education Code, §22.0834; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which provides for the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services agencies.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 9, 2020.

TRD-202002320

Barbara Klein

General Counsel

Department of State Health Services

Effective date: June 29, 2020

Proposal publication date: March 6, 2020

For further information, please call: (512) 776-2008


25 TAC §§49.1 - 49.6

STATUTORY AUTHORITY

The new sections are authorized under Texas Health and Safety Code, Texas Oral Health Improvement Act, Chapter 43; Texas Education Code, §22.0834; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which provides for the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services agencies.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 9, 2020.

TRD-202002324

Barbara Klein

General Counsel

Department of State Health Services

Effective date: June 29, 2020

Proposal publication date: March 6, 2020

For further information, please call: (512) 776-2008


SUBCHAPTER B. RECIPIENT PARTICIPATION IN FFS ORAL HEALTH TREATMENT BENEFITS

25 TAC §§49.5 - 49.9

STATUTORY AUTHORITY

The repeals are authorized under Texas Health and Safety Code, Texas Oral Health Improvement Act, Chapter 43; Texas Education Code, §22.0834; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which provides for the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services agencies.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 9, 2020.

TRD-202002321

Barbara Klein

General Counsel

Department of State Health Services

Effective date: June 29, 2020

Proposal publication date: March 6, 2020

For further information, please call: (512) 776-2008


SUBCHAPTER C. PROVIDER PARTICIPATION IN FFS ORAL HEALTH TREATMENT BENEFITS

25 TAC §§49.10, 49.13 - 49.15

STATUTORY AUTHORITY

The repeals are authorized under Texas Health and Safety Code, Texas Oral Health Improvement Act, Chapter 43; Texas Education Code, §22.0834; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which provides for the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services agencies.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 9, 2020.

TRD-202002322

Barbara Klein

General Counsel

Department of State Health Services

Effective date: June 29, 2020

Proposal publication date: March 6, 2020

For further information, please call: (512) 776-2008


SUBCHAPTER D. APPEALS PROCESS FOR FFS ORAL HEALTH TREATMENT BENEFITS AND SERVICES

25 TAC §§49.16 - 49.18

STATUTORY AUTHORITY

The repeals are authorized under Texas Health and Safety Code, Texas Oral Health Improvement Act, Chapter 43; Texas Education Code, §22.0834; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which provides for the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services agencies.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 9, 2020.

TRD-202002323

Barbara Klein

General Counsel

Department of State Health Services

Effective date: June 29, 2020

Proposal publication date: March 6, 2020

For further information, please call: (512) 776-2008