TITLE 1. ADMINISTRATION

PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES

SUBCHAPTER B. ADVISORY COMMITTEES

DIVISION 1. COMMITTEES

1 TAC §351.823

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §351.823, concerning e-Health Advisory Committee. The amendment to §351.823 is adopted without changes to the proposed text as published in the July 16, 2021, issue of the Texas Register (46 TexReg 4243), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

Texas Administrative Code Title 1, Part 15, §351.823(d), currently requires the e-Health Advisory Committee (eHAC) to prepare and submit an annual written report to the executive commissioner and Texas Legislature. eHAC reports are produced by members who are non-Health and Human Services employees.

In a July 2020 eHAC meeting, members voted to amend the rule to change the reporting requirement from annually to biennially. This amendment would afford members more time between reports, thus enabling members to more thoroughly research and address any recommendations made by the committee to HHSC.

Under Texas Government Code §2110.006, state agencies must annually evaluate the work of advisory committees as well as their usefulness and associated costs. To ensure HHSC continues to meet this obligation related to the eHAC, HHSC staff proposed eHAC members prepare an informational briefing memorandum in non-report years to report costs, accomplishments, and areas of focus for the eHAC. Such documentation would permit the agency to comply with its obligations under Texas Government Code §2110.006.

Additional amendments to §351.823 reorganize and format the rule so that the eHAC rule is consistent with other HHSC advisory committee rules established under Texas Government Code §531.012.

COMMENTS

The 31-day comment period ended August 16, 2021.

During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The amendment is adopted under 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, and

Texas Government Code §531.012(c)(1), which requires the Executive Commissioner to adopt rules consistent with Texas Government Code Chapter 2110 to govern an advisory committee's reporting requirements.

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 September 16, 2021.

TRD-202103672

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: October 6, 2021

Proposal publication date: July 16, 2021

For further information, please call: (512) 239-8300