PART 1. DEPARTMENT OF STATE HEALTH SERVICES
SUBCHAPTER E. CHILDREN'S OUTREACH HEART PROGRAM
The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts the repeal of §§61.71 - 61.83, and new §§61.71 - 61.83 concerning the Children's Outreach Heart Program (COHP), without changes to the proposed text as published in the January 30, 2009, issue of the Texas Register (34 TexReg 504) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The COHP provides prediagnostic cardiac screening and follow-up services to individuals less than 21 years of age who may have heart disease or defects. The COHP contractor provides routine clinic services, including a comprehensive history and physical exam, as well as laboratory studies, electrocardiograms, chest x-rays, and an individual care plan for each client who is referred by the clinic to a secondary center.
The repeals and new sections will reorganize and update information, delete and revise language, and make grammatical corrections to improve flow, accuracy, and clarity.
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 61.71 - 61.83 have been reviewed, and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are needed.
SECTION-BY-SECTION SUMMARY
The rules update references to the legacy agency, now part of the Health and Human Services Commission, reflect the department's name change from "Texas Department of Health" to "Department of State Health Services." References to the compliance document, "Quality Care: Client Services Standards for Public Health and Community Clinics," dated June 1997, reflect the document's name change to "Department of State Health Services Standards for Public Health Clinic Services," dated August 2004.
New §61.71 includes the general purpose of the program and refers to confidentiality of information.
New §61.72 includes new definitions that improve and clarify the rules.
New §61.73 includes language necessary for clarification of the COHP client services eligibility requirements.
New §61.74 includes language necessary for clarification of COHP contractor funding requirements.
New §61.75 includes language necessary for clarification of the contractor's responsibility to maximize program income and establish client co-payment policy.
New §61.76 includes language necessary for clarification of contractor staff responsibilities.
New §61.77 includes language necessary for clarification of requirements of clinic facilities and equipment and compliance with the document "Department of State Health Services Standards for Public Health Clinic Services," dated August 2004.
New §61.78 includes language necessary for clarification of required clinical services and contractor staff responsibilities.
New §61.79 includes language necessary for clarification of the contractor and clinic staff responsibility for coordination of community services.
New §61.80 includes language necessary for clarification of the clinic(s) and contractor responsibility to maintain client rights.
New §61.81 includes language necessary for clarification of the responsibility of clinic(s) to maintain a tracking system that monitors each client's health status and use of health care services.
New §61.82 includes language necessary for clarification of the responsibility of clinic(s) to comply with HIPAA records management requirements and the document "Department of State Health Services Standards for Public Health Clinic Services," dated August 2004.
New §61.83 includes language necessary for clarification of the contractor's responsibility for internal review, evaluation of program services, and reporting in compliance with department policy and the document "Department of State Health Services Standards for Public Health Clinic Services," dated August 2004.
COMMENTS
The department, on behalf of the commission, did not receive any public comments regarding the proposed rules during the comment period.
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 repeals are authorized by the Health and Safety Code, §39.003, which authorizes the Executive Commissioner of the Health and Human Services Commission to adopt rules necessary to define the scope of the children's outreach heart program; and Government Code, §531.0055(e), and the 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 sections 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 April 27, 2009.
TRD-200901562
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: May 17, 2009
Proposal publication date: January 30, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The new sections are authorized by the Health and Safety Code, §39.003, which authorizes the Executive Commissioner of the Health and Human Services Commission to adopt rules necessary to define the scope of the children's outreach heart program; and Government Code, §531.0055(e), and the 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 sections 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 April 27, 2009.
TRD-200901563
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: May 17, 2009
Proposal publication date: January 30, 2009
For further information, please call: (512) 458-7111 x6972