Texas Register
(30 TexReg 8786) and, therefore,
the section will not be republished.
BACKGROUND AND PURPOSE
The amendments to this section are necessary to provide clarification to
the rule and to comply with legislative changes in Health and Safety Code
(HSC), Chapter 780, resulting from the passage of House Bill 2470, 79th Texas
Legislature, Regular Session, 2005. Additionally, the amendment was endorsed
by the stakeholder group (Governor's EMS and Trauma Advisory Council) and
department staff. The department anticipates a strengthening of the EMS/Trauma
System due to the addition of new trauma facilities into the trauma systems
as a result of the potential for increased funding for uncompensated trauma
care.
SECTION-BY-SECTION SUMMARY
Amendments to §157.131 provide clarification to the rules and are
necessary to comply with legislative changes in HSC, Chapter 780, resulting
from the passage of House Bill 2470, 79th Texas Legislature, Regular Session,
2005. The amendments specifically concern the requirements associated with
"in active pursuit" of trauma designation. The amended language allows hospitals
not designated to file with the department a letter of intent to trauma designate
and comply within 180 days with the following: submit a trauma designation
application; submit data to the State EMS/Trauma Registry; and participate
in the appropriate Regional Advisory Council. Once the requirements are met,
the undesignated hospital is considered "in active pursuit" of designation
and is eligible to apply for funding from the uncompensated trauma care from
the Designated Trauma Facility and Emergency Medical Services (DTF/EMS) Account.
If trauma designation is not attained on or before the second anniversary
date of the hospital's notification by the department that it met "in active
pursuit" requirements, it must return any funds received for uncompensated
trauma care.
Section 157.131 currently limits access to the DTF/EMS Account funding
to designated hospitals and undesignated hospitals that met certain "in active
pursuit" of designation requirements by December 31, 2003. This rule amendment
complies with new statutory language that eliminates the December 31, 2005,
deadline and allows additional undesignated hospitals the opportunity to apply
for DTF/EMS Account funding after meeting "in active pursuit" of designation
requirements.
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The amendment is authorized by the Texas Health and Safety Code, Chapter
773, Emergency Medical Services, which provides the department with the authority
to adopt rules to implement the Emergency Medical Services Act; and Government
Code, §531.0055, and Health and Safety Code, §1001.075, which authorize
the Executive Commissioner of the Health and Human Services Commission to
adopt rules and policies necessary for the operation, provision, and administration
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 30, 2006.
TRD-200601920
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: April 19, 2006
Proposal publication date: December 30, 2005
For further information, please call: (512) 458-7111