PART 1. DEPARTMENT OF STATE HEALTH SERVICES
The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts amendments to §§56.1 - 56.3 and §§56.17 - 56.19, the repeal of §§56.4 - 56.16, and new §§56.4 - 56.16, concerning the provision of family planning services without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2107) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The amendments, repeals, and new sections are necessary to assist the department in the implementation of the federal Title X funding regulations.
Government Code, §2001.039, requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 56.1 - 56.19 have been reviewed, and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are needed. However, the department also has determined that §§56.4 - 56.16 should be repealed and replaced with new rules.
SECTION-BY-SECTION SUMMARY
Amendments to §§56.1 - 56.3 incorporate the current department and program names to be consistent with current terminology used by the department.
Amendments to §56.1 provide flexibility in the current department and program policy manual to be used.
Amendments to §56.2 incorporate the current department and program names to be consistent with current terminology used by the department.
The amendment to §56.3 provides increased clarity concerning the purpose of the family planning programs.
Existing §56.4 is repealed because the Family Planning Advisory Committee was abolished by the Executive Commissioner of the Health and Human Services Commission in 2003 as authorized by the 78th Legislature. New §56.4 clarifies that while payment rates for services under Titles V, X, and XX are set by the department, the commission sets fees, charges and rates for family planning services provided under Title XIX (Medicaid).
New §56.5 allows providers flexibility among available contraceptive methods they are required to keep in stock. This provision also ensures compliance with Title X regulations.
New §56.6 clarifies that abortion is not considered a method of family planning, and that no state-appropriated funds may be used to pay the direct or indirect cost of abortion procedures.
New §56.7 clarifies the role of the Health and Human Services Commission in administering the Title XIX Medicaid family planning services program.
New §56.8 specifies records retention periods and requires that records be accessible by the commission and the department.
New §56.9 clarifies that Medicaid clients shall be offered family planning services within 30 days of their request for those services.
New §56.10 clarifies that clients have the right to choose their preferred method and source of family planning service, and may not be subjected to coercion to accept services.
New §56.11 states that providers must safeguard the confidentiality of clients' family planning information, and that clients must provide written authorization prior to release of personally identifying information except for reports relating to child abuse required by Texas Family Code, Chapter 261.
New §56.12 and amendments to §§56.17, 56.18, and 56.19 update the current department and program names to be consistent with current terminology used by the department.
New §56.13 renumbers the section in the chapter and is more concise than the §56.14 being repealed.
New §56.14 corrects a typo in §56.15 being repealed. The new rule provides increased clarity concerning the type of adult participation encouraged in adolescent family planning.
New §56.15 clarifies that contractors shall make family planning and genetic services available in compliance with civil rights laws.
New §56.16 provides increased clarity for Title X contractors concerning federal regulations concerning Informational and Educational Committee(s).
COMMENTS
The department, on behalf of the commission, received one comment during the comment period. The commenter, a representative of the Coalition for Nurses in Advanced Practice, was not against the rules in their entirety, but made a recommendation for change.
Comment: Concerning §56.18, the commenter stated that the first sentence of the section should be amended to allow advanced practice nurses to order genetic services.
Response: The commission disagrees because not all advanced practice nurses are educated and/or trained in genetics specifically. Therefore, including language to allow all advanced practice nurses to prescribe genetic services would not ensure that a qualified professional is prescribing these services. No change was made to the rule as a result of this comment.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The amendments and new section are adopted under 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 and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the rules implements Government Code, §2001.039.
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 June 2, 2008.
TRD-200802838
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: June 22, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The repeals are adopted under 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 and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the rules implements Government Code, §2001.039.
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 June 2, 2008.
TRD-200802839
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: June 22, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 458-7111 x6972