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RULE §138.8Burial or Cremation Assistance Registry

The registry is created to identify persons or entities who choose to provide financial or other assistance for the transportation, cremation, or burial of embryonic or fetal tissue remains.

  (1) The following persons or entities may apply for inclusion on the registry by submitting an application on a form prescribed by HHSC:

    (A) participating funeral homes and cemeteries willing to provide free common burials or free or low-cost private burials that certify that they will do so in compliance with applicable law; and

    (B) private nonprofit organizations that will provide financial assistance for the costs associated with burial or cremation of embryonic and fetal tissue remains.

  (2) An application will be approved if the applicant meets the requirements of paragraph (1) of this section.

  (3) An application will be disapproved if the applicant has:

    (A) not met the requirements in paragraph (1) of this section; or

    (B) failed or refused to properly complete or submit any application form, or deliberately presented false information on any form or document required by HHSC.

  (4) Upon approval of an application, the applicant's name will be placed on the registry. HHSC will provide notice of placement on the registry to each approved applicant.

  (5) A person or entity may be removed from the registry at the sole discretion of HHSC upon evidence that a registrant has failed to provide the services for which it was placed on the registry. HHSC will notify, in writing, a registrant of its removal from the registry. The denial or removal from the registry is not subject to Texas Government Code, Chapter 2001.

  (6) A request under this section will not be considered a petition for the adoption of rules.

  (7) Obtaining Registry Information.

    (A) HHSC will make the registry information available upon request to a physician, a health care facility, or the agent of a physician or health care facility.

    (B) A request from a physician, a health care facility, or the agent of a physician or health care facility must be submitted to HHSC on a form prescribed by HHSC.

Source Note: The provisions of this §138.8 adopted to be effective February 1, 2018, 43 TexReg 465

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