The Texas Health and Human Services Commission (HHSC) proposes amendments to §351.2, concerning Petition for the Adoption of a Rule and proposes the repeal of §351.3, concerning Purpose, Task and Duration of Advisory Committees. HHSC also proposes new Subchapter B, concerning Advisory Committees, and new §§351.801, 351.803, 351.805, 351.807, 351.809, 351.811, 351.813, 351.815, 351.817, 351.819, 351.821, 351.823, 351.825, 351.827, 351.829, 351.831, 351.833, 351.835, and 351.837 within that subchapter. Concurrent with this proposal, HHSC adds Subchapter A, General, which will include the current existing rules within Chapter 351 (except §351.3, which is being repealed).

BACKGROUND AND JUSTIFICATION

Senate Bill (S.B.) 200 and S.B. 277, 84th Legislature, Regular Session, 2015, removed 38 advisory committees from statute and authorized the HHSC Executive Commissioner to reestablish committees in rule. As part of implementing this directive, the ongoing need for each advisory committee was evaluated and stakeholder feedback was requested. After the HHSC Executive Commissioner reviewed this information and made final decisions, HHSC published a list of committees that were either consolidated in some way, continued as they are currently, or discontinued. The list of committees that will be continued was published in the October 30, 2015, issue of the Texas Register (40 TexReg 7726). The proposed rules include a new rule for each committee, including information such as purpose, tasks, and membership.

The proposed amendments to §351.2, concerning Petition for the Adoption of a Rule, update outdated language in the rule, such as references to the Texas Board of Health.

SECTION-BY-SECTION SUMMARY

Proposed §351.2 updates outdated references to state agencies and state personnel.

Section 351.3 is repealed because it is being replaced by the rules in proposed new Subchapter B, concerning Advisory Committees.

Proposed §351.801 outlines information pertinent to all of the committees described in the remainder of the rules in this subchapter, including quorum, reporting requirements, and defined terms.

Proposed §351.803 describes the Medical Care Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.805 describes the State Medicaid Managed Care Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.807 describes the Behavioral Health Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.809 provides a cross reference to an existing rule related to the Drug Utilization Review Board.

Proposed §351.811 describes the Intellectual and Developmental Disability System Redesign Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.813 describes the Perinatal Advisory Council, including its statutory authority, purpose, tasks, and membership.

Proposed §351.815 describes the Policy Council for Children and Families, including its statutory authority, purpose, tasks, and membership.

Proposed §351.817 describes the Texas Council on Consumer Direction, including its statutory authority, purpose, tasks, and membership.

Proposed §351.819 describes the Behavioral Health Integration Advisory Committee, including its statutory authority, purpose, tasks, and membership

Proposed §351.821 describes the Value Based Payment and Quality Improvement Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.823 describes the e-Health Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.825 describes the Texas Brain Injury Advisory Council, including its statutory authority, purpose, tasks, and membership.

Proposed §351.827 describes the Palliative Care Interdisciplinary Advisory Council, including its statutory authority, purpose, tasks, and membership.

Proposed §351.829 describes the Promoting Independence Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.831 describes the Employment First Task Force, including its statutory authority, purpose, tasks, and membership.

Proposed §351.833 describes the STAR Kids Managed Care Advisory Committee, including its statutory authority, purpose, tasks, and membership.

Proposed §351.835 describes the Advisory Committee on Qualifications for Health Care Translators and Interpreters, including its statutory authority, purpose, tasks, and membership.

Proposed §351.837 describes the Texas Autism Council, including its statutory authority, purpose, tasks, and membership.

FISCAL NOTE

Greta Rymal, Deputy Executive Commissioner for Financial Services, has determined that for each year of the first five years the proposed and repealed rules are in effect, there will be no effect on costs and revenues of state or local governments.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

HHSC has determined that there will be no adverse economic effect on small businesses or micro businesses to comply with the proposed rules, as there is no requirement to alter business practices as a result of the proposed and repealed rules.

PUBLIC BENEFIT AND COSTS

Chris Adams, Deputy Executive Commissioner for Transformation, Policy, and Performance, has determined that for each year of the first five years the rules are in effect, the public will benefit from the adoption of the rules. The anticipated public benefit will be clear, accurate information available to stakeholders and the general public regarding the advisory committees making policy recommendations to HHSC.

Ms. Rymal has also determined that there are no probable economic costs to persons who are required to comply with the proposed rules.

HHSC has determined that the proposed and repealed rules will not affect a local economy. There is no anticipated negative impact on local employment.

REGULATORY ANALYSIS

HHSC has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "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

HHSC has determined that this 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 §2007.043 of the Government Code.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Amy Chandler, Program Specialist, by mail to P.O. Box 13247, MC H600, Austin, Texas 78711; or by e-mail to amy.chandler@hhsc.state.tx.us within 30 days of publication of this proposal in the Texas Register.

STATUTORY AUTHORITY

The new rules are proposed under Texas Government Code §531.033, which provides the HHSC Executive Commissioner with broad authority to adopt rules to carry out HHSC's duties, and, with respect to advisory committees with jurisdiction over Medicaid matters, Texas Human Resources Code §32.021(c) and Texas Government Code §531.021(a), which authorize HHSC to administer the Medicaid program. More specifically, the new rules are proposed under Texas Government Code §531.012(c), which requires HHSC to adopt rules to govern its advisory committees, and Texas Government Code §2110.005 and §2110.008, which authorizes HHSC, as a state agency, to adopt rules to govern its advisory committees.

The proposed new rules implement Texas Government Code Chapters 531, 533, 534, and 2110, and Texas Human Resources Code Chapter 32. With respect to the Perinatal Advisory Council, the new rules implement Texas Human Resources Code §241.187. With respect to the Palliative Care Interdisciplinary Advisory Council, the new rules implement Texas Health and Safety Code Chapter 118, as adopted by Act of May 23, 2015, 84th Leg., R.S. §2 (H.B. 1874). No other statutes, articles, or codes are affected by this proposal.