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Texas Register Preamble


The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 135, Ambulatory Surgical Centers (ASCs), amendments to §135.2 and §135.26, in order to expand ASCs' treatment capabilities and modify current reporting requirements to mitigate issues caused by patient surge due to COVID-19. As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon a finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days' notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

BACKGROUND AND PURPOSE

The purpose of the emergency rulemaking is to support the governor's March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state exists and requires immediate adoption of these amendments to mitigate issues caused by patient surge due to COVID-19.

To protect current and future patients in health care facilities and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency amendments to allow a currently licensed ASC to (1) expand its treatment options to include other health care services, not surgical services alone; (2) allow for patient stays longer than 23 hours; and (3) remove current reporting requirements related to longer patient stays and hospital transfers. The emergency amendment also requires an ASC to report the number of functioning ventilators and other respiratory support equipment it has, and any other information as required, to the Department of State Health Services.

STATUTORY AUTHORITY

The emergency rulemaking is adopted under Government Code §2001.034 and §531.0055 and Health and Safety Code §241.026. Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Health and Safety Code §241.026 requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of licensed ASCs.



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