The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (department), proposes new §37.401, concerning the Maternal Mortality and Morbidity Task Force, new §37.410 concerning the State Child Fatality Review Committee, and new §37.420 concerning the Sickle Cell Advisory Committee.

BACKGROUND AND PURPOSE

Senate Bill (SB) 200 and SB 277, 84th Legislature, Regular Session, 2015, directed the Executive Commissioner of HHSC to establish and maintain advisory committees to address major health and human services issues and to adopt rules to govern the advisory committee's purpose, tasks, reporting requirements, and date of abolition. As part of health and human services (HHS) system-wide inventory and analysis, the Maternal Mortality and Morbidity Task Force, the State Child Fatality Review Team Committee and the Sickle Cell Advisory Committee have been identified for rulemaking.

The Maternal Mortality and Morbidity Task Force is a statutorily-defined multidisciplinary task force within the department. Texas Health and Safety Code, §§34.001 - 34.018, directs this task force to study and review cases of pregnancy-related deaths and trends in severe maternal morbidity, determine the feasibility of the task force studying cases of severe maternal morbidity, and make recommendations to help reduce the incidence of pregnancy-related deaths and severe maternal morbidity in Texas. New §37.401 describes the operations of the task force including the purpose, tasks, reporting requirements, membership composition, and meeting schedules.

The State Child Fatality Review Team Committee is a statutorily-defined multidisciplinary committee within the department, whose mission is to reduce the number of preventable child deaths. Texas Family Code, §§264.501 - 264.515, directs the State Child Fatality Review Team Committee to meet quarterly to discuss issues related to child risks and safety, to develop strategies to improve child death data collection and analysis, to develop position statements on specific child safety issues, and to research and develop recommendations that will make Texas safer for children. New §37.410 describes the operations of the committee including the purpose, tasks, reporting requirements, membership composition, and meeting schedules. This team has been in existence with regular meetings since 1995.

Senate Bill 277, 84th Legislature, Regular Session, 2015, repealed Texas Health and Safety Code, §33.053, abolishing the Sickle Cell Advisory Committee. As a part of the HHS system-wide analysis, the HHSC Executive Commissioner recommended continuation of the Sickle Cell Advisory Committee in rule. Texas Health and Safety Code, §33.052, directs the department to identify efforts related to the expansion and coordination of education, treatment, and continuity of care programs for individuals with sickle cell trait and sickle cell disease. The purpose of this advisory committee is to raise public awareness of sickle cell disease and sickle cell trait. New §37.420 establishes the committee's purpose, tasks, reporting requirements, membership requirements, membership qualifications and meetings schedules.

SECTION-BY-SECTION SUMMARY

An amendment to the title of Subchapter R, "School Health Advisory Committee," revises the title to "Advisory Committees" to allow for additional advisory committees rules within this subchapter.

New §37.401 establishes the Maternal Mortality and Morbidity Task Force. The new rule (1) identifies the statutory authority for the task force; (2) outlines the task force's purpose; (3) describes tasks; (4) outlines the reporting requirements; (5) gives the date of abolition; (6) establishes membership composition and qualifications; and (7) establishes meeting schedules.

New §37.410 establishes the State Child Fatality Review Team Committee. The new rule (1) identifies the statutory authority for the committee; (2) outlines the committee's purpose; (3) describes tasks; (4) outlines the reporting requirements; (5) establishes membership composition and qualifications; and (6) establishes meeting schedules.

New §37.420 establishes the Sickle Cell Advisory Committee. The new rule (1) identifies the statutory authority for the committee; (2) outlines the committee's purpose; (3) describes tasks; (4) describes reporting requirements; (5) gives the date of abolition; (6) establishes membership composition and qualifications; and (7) establishes meeting schedules.

FISCAL NOTE

Evelyn Delgado, Assistant Commissioner of the Family and Community Health Services Division, has determined that for each year of the first five years that the sections will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the sections as proposed.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Evelyn Delgado has also determined that there will not be an adverse economic impact on small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices, beyond what is already required by statute, in order to comply with the sections.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL GOVERNMENT

There are no anticipated costs to persons who are required to comply with the sections as proposed. There is no fiscal impact to local employment.

PUBLIC BENEFIT

Mrs. Delgado has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefits anticipated as a result of enforcing or administering the sections are (1) a better understanding of the causes and incidences of child deaths in Texas; (2) strategies for reducing the number of preventable child deaths; (3) policy, law and/or practice recommendations for reducing the incidence of pregnancy-related deaths and severe maternal morbidity in Texas; and (4) improved strategies and methods for raising of public awareness related to preventable child deaths, pregnancy related deaths and severe maternal morbidity in Texas, and sickle cell disease and sickle cell trait.

REGULATORY ANALYSIS

The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

The department has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Sandra Serna, Family and Community Heath Services Division, Department of State Health Services, Mail Code 1920, P.O. Box 149347, Austin, Texas 78714-9347 or by email at sandra.serna@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

LEGAL CERTIFICATION

The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the proposed rules have been reviewed by legal counsel and found to be within the state agencies' authority to adopt.

STATUTORY AUTHORITY

The new rules are authorized by Texas Government Code, §531.012, which requires the department to adopt rules necessary to establish an Advisory Committee, and by Chapter 2110 in general; and Texas Government Code, §531.0055(e), and the Texas 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 Texas Health and Safety Code, Chapter 1001.

The new rules affect Texas Government Code, Chapters 531 and 2110; and Texas Health and Safety Code, Chapter 1001.