Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 1.
TEXAS BOARD OF HEALTH
Subchapter N. HISTORICALLY UNDERUTILIZED BUSINESSES
25 TAC §1.171
The Executive Commissioner of the Health and Human Services
Commission (commission), on behalf of the Department of State Health Services
(department), adopts an amendment to §1.171, concerning procedures and
policies of the Department of State Health Services relating to historically
underutilized businesses (HUBs), without changes to the proposed text as published
in the January 13, 2006, issue of the
Texas Register
(31 TexReg 265) and, therefore, the section will not be republished.
BACKGROUND AND PURPOSE
The amendment is necessary to ensure that the rule is current and reflects
the recent consolidation of health and human service agencies.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.171 has been
reviewed, and the department has determined that reasons for adopting the
section continue to exist because a rule on this subject is required by the
Government Code, §2161.003.
SECTION-BY-SECTION SUMMARY
The agency's name is changed from the "Texas Department of Health" to the
"Department of State Health Services." The reference to the rules of the General
Services Commission is updated to reflect the current name, the "Texas Building
and Procurement Commission (TBPC)." Finally, TBPC adopted one additional rule,
and the Texas Administrative Code (TAC) reference is changed to include all
rules currently adopted by TBPC regarding the HUB program.
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 rule, as adopted, has been reviewed by legal counsel and
found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The amendment is authorized by the 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 operation and provision 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 May 1, 2006.
TRD-200602409
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: May 21, 2006
Proposal publication date: January 13, 2006
For further information, please call: (512) 458-7111, x6972
25 TAC §159.1
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 §159.1, concerning the reimbursement
of Tertiary Care Facilities and Level IV Trauma Facilities, without changes
to the proposal as published in the January 13, 2006, issue of the
Texas Register
(31 TexReg 266) and, therefore, the section will not
be republished.
BACKGROUND AND PURPOSE
The repeal is necessary because the reimbursement program was not funded
by the Texas Legislature for fiscal years 2004-2005 or fiscal years 2006-2007.
Repeal of this section will align the department's rules more accurately with
the General Appropriations Act (GAA).
SECTION-BY-SECTION SUMMARY
The adoption of §159.1 aligns the department's rules with the GAA
now that there is no funding for the program. By not funding that program,
it can no longer provide reimbursement and a rule governing that program is
unnecessary.
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 rule, as adopted, has been reviewed by legal counsel and
found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The repeal is authorized by the 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 operation and provision 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 May 1, 2006.
TRD-200602412
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: May 21, 2006
Proposal publication date: January 13, 2006
For further information, please call: (512) 458-7111, x6972
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 §§460.201 - 460.204 and 460.211, concerning
procedures and policies of the Texas Health Care Information Council (council),
without changes to the proposed text as published in the January 13, 2006,
issue of the
Texas Register
(31 TexReg 273)
and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The council was abolished by Acts 2003, 78th Legislature, Regular Session,
Chapter 198 (House Bill 2292), §1.26. All rules of the council were transferred
to the department under House Bill 2292, §1.19 on September 1, 2004.
Repeal of these sections is necessary to align the department's rules more
accurately with the recent consolidation of health and human service agencies.
The department has other rules relating to donors and donations at Title 25,
Texas Administrative Code (TAC), §§1.221 - 1.228, and to historically
underutilized businesses (HUBs) at Title 25, TAC, §1.171. The department
also has policies and procedures on donations and HUBs. These sections are
not necessary because the issues are addressed in these other rules, policies,
and procedures.
SECTION-BY-SECTION SUMMARY
The repeal of §§460.201 - 460.204 and 460.211 is necessary to
prevent duplication and redundancy between the rules transferred from the
council and other rules, policies, and procedures of the department on these
subjects.
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the rules, as adopted, have been reviewed by legal counsel
and found to be a valid exercise of the agencies' legal authority.
Subchapter D. RULES AND PROCEDURES FOR COUNCIL OFFICERS, COUNCIL EMPLOYEES, DONORS AND DONATIONS
Chapter 159.
TERTIARY MEDICAL CARE
Chapter 460.
MISCELLANEOUS