Adopted Rules Title 25

TITLE 25. HEALTH SERVICES

Part 1. DEPARTMENT OF STATE HEALTH SERVICES

Chapter 61. CHRONIC DISEASES

The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (department), adopts amendments to §§61.31 - 61.33, 61.36, 61.41 and 61.42, the repeal of §§61.34, 61.35, and 61.37 - 61.40, and new §§61.34, 61.37, and 61.39, concerning the provision of breast and cervical cancer services in this state without changes to the proposed text as published in the December 8, 2006, issue of the Texas Register (31 TexReg 9798) 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 Breast and Cervical Cancer Mortality Prevention Act of 1990, Public Law 101-354, and its re-authorization, the Women's Health Research and Prevention Amendments of 1998, Public Law 105-340, which establish a program of grants to states, territories, and tribal organizations for early detection and prevention of mortality from breast and cervical cancer. The department, through a cooperative agreement with the Centers for Disease Control and Prevention, provides statewide access to high-quality breast and cervical cancer screening and diagnostic services for financially eligible Texas women who are unable to access the same care through other funding sources or programs.

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 61.31 - 61.42 have been reviewed, and the department has determined that reasons for adopting §§61.31 - 61.34, 61.36, 61.37, 61.39, 61.41, and 61.42 continue to exist because rules on this subject are needed. The department also has determined that §§61.35, 61.38, and 61.40 are no longer needed, and that the sections should be repealed. There are breaks in the proposed section numbers, as these sections will be reserved for new rules at a later date.

SECTION-BY-SECTION SUMMARY

Amendments to §§61.31 - 61.33, 61.36, 61.41, and 61.42 incorporate the current department and program names to be consistent with current terminology used by the department.

An amendment to §61.31 removes language specific to the establishment of requirements by certain entities to allow for more flexibility to receive and utilize funding from additional sources. Additionally, §61.31 has been amended to clarify that case management services are included in the breast and cervical cancer services the department provides.

An amendment to §61.32 clarifies that the department manages the delivery of breast and cervical cancer services in accordance with federal requirements utilizing the established statewide program.

An amendment to §61.33 reflects a change in terminology regarding the providers of breast and cervical cancer services.

The repeal and new §61.34 revises language to clarify client eligibility requirements.

Section 61.35 is repealed because the process for selecting and contracting with providers need not be specified by rule.

The amendment to §61.36 allows providers more flexibility to receive and utilize funding from additional sources.

The repeal and new §61.37 removes redundant language and clarify screening requirements for providers.

Section 61.38 is repealed because quality assurance standards have been included in §61.37 to improve clarity.

The repeal and new §61.39 deletes detailed requirements for provision of services that are more appropriate for inclusion in a policy manual.

Section 61.40 is repealed as redundant because the provisions in that section have been included in §§61.31 and 61.36.

The amendment to §61.41 updates terminology concerning the activities performed and the process by which providers receive payment from the department in order to align the rules with changes in programmatic and department policy related to fee-for-service programs.

The amendment to §61.42 allows providers to collect fees from clients for breast and cervical cancer services performed as authorized by department policy.

COMMENTS

The department, on behalf of the commission, received no comments concerning the proposed rules during the comment period.

LEGAL CERTIFICATION

The Department of State Health Services Deputy General Counsel, Linda Wiegman, 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 C. BREAST AND CERVICAL CANCER SERVICES

25 TAC §§61.31 - 61.34, 61.36, 61.37, 61.39, 61.41, 61.42

STATUTORY AUTHORITY

The amendments and new sections 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 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 June 7, 2007.

TRD-200702286

Linda Wiegman

Deputy General Counsel

Department of State Health Services

Effective date: June 27, 2007

Proposal publication date: December 8, 2006

For further information, please call: (512) 458-7111 x6990

Subchapter C. BREAST AND CERVICAL CANCER CONTROL PROGRAM

25 TAC §§61.34, 61.35, 61.37 - 61.40