The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §351.829, concerning the Promoting Independence Advisory Committee. The Executive Commissioner also proposes amendments to §351.801, concerning Authority and General Provisions; §351.815, concerning the Policy Council for Children and Families; §351.817, concerning the Texas Council on Consumer Direction; §351.827, concerning the Palliative Care Interdisciplinary Advisory Council; and §351.833, concerning STAR Kids Managed Care Advisory Committee.

BACKGROUND AND PURPOSE

The purpose of the proposal is to amend certain rules to extend advisory committees that are set to be abolished, to revise certain committees' membership and tasks to incorporate duties related to persons on the autism spectrum, to align the rules with statute and statutory interpretations, to clarify terms, and to repeal a rule for an advisory committee that no longer functions.

In 2015, the Texas Legislature removed 38 advisory committees from HHSC that were established by statute and, by adopting Texas Government Code §531.012, authorized the Executive Commissioner to establish advisory committees by rule. The Executive Commissioner's advisory committee rules were effective July 1, 2016. The Policy Council for Children and Families and the Texas Council on Consumer Direction are set to be abolished in 2020, and HHSC intends to continue them for four years. In addition, the rule governing the Palliative Care Interdisciplinary Council (which is established by statute other than §531.012) is amended to extend the Council for so long as the statute establishing the Council remains in effect. The Promoting Independence Advisory Committee rule indicates that the Committee was abolished in 2017, but the rule has yet to be repealed.

In rules effective on January 27, 2020, and published in the January 24, 2020, issue of the Texas Register (45 TexReg 523), HHSC extended the Texas Autism Council until December 31, 2020. HHSC announced at that time that it would work to identify other, already existing advisory committees that could effectively address issues faced by persons on the autism spectrum. These proposed rules revise two advisory committee rules to accommodate those issues concerning children: §351.815, concerning the Policy Council for Children and Families; and §351.833, concerning the STAR Kids Managed Care Advisory Committee. We continue to look for a new "home" committee to accommodate autism-spectrum-related issues for adults.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §351.801 defines the term "family member" to clarify the term throughout the subchapter and clarifies the definition of "Health and Human Services system." The general rule also clarifies that every advisory committee, not just a committee established under Texas Government Code §531.012, is subject to Texas Government Code Chapter 2110 unless the statute establishing that committee expressly provides otherwise.

The proposed amendment to §351.815 extends the abolition date of the Policy Council for Children and Family until December 31, 2024. It adds a task to encompass issues related to children on the autism spectrum and changes membership categories to accommodate this change. It removes a reference to a statute that no longer exists; clarifies the due date for reports under subsection (d)(1); adds a subsection regarding open meetings and a subsection regarding training requirements. The proposed section also provides for one-quarter of all membership terms to expire each year in an effort to provide greater continuity and allows a member whose term is expiring to apply to serve one additional term. Organizational and formatting edits are made for consistency and clarity.

The proposed amendment to §351.817 extends the Texas Council on Consumer Direction to July 31, 2024. It also clarifies that the Council has both voting and nonvoting members, but the total number of all members does not exceed 24 in compliance with Texas Government Code §2110.002(a). The due date for reporting requirements is updated in subsection (d). Subsections regarding open meetings and training requirements are added to this section. Organizational and formatting edits are made for consistency and clarity.

The proposed amendment to §351.827 deletes the abolition date of the Palliative Care Interdisciplinary Advisory Council and provides that the Council will continue as long as the state law establishing it remains in effect. The proposal clarifies that the Council has both voting and nonvoting members, the total number of which does not exceed 24 in compliance with Texas Government Code § 2110.002(a). It provides for one-quarter of all membership terms to expire each year in an effort to provide greater continuity. Subsections regarding open meetings and training requirements are added to this section. Organizational and formatting edits are made for consistency and clarity.

Section 351.829 is repealed because the Promoting Independence Advisory Committee was abolished on September 1, 2017.

The proposed amendment to §351.833 revises membership on the STAR Kids Managed Care Advisory Committee to require the appointment of family members of children on the autism spectrum who are Medicaid recipients. Subsections regarding open meetings and training requirements are added to this section. Organizational and formatting edits are made for consistency and clarity.

FISCAL NOTE

Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules are in effect, there will be an estimated additional cost to state government as a result of enforcing and administering the rules as proposed. Enforcing or administering the rules does not have foreseeable implications relating to the costs or revenues of local government.

The effect on state government is an estimated General Revenue cost of $18,080 each fiscal year of the first five years the proposed rules are in effect.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of HHSC employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to HHSC;

(5) the proposed rules will not create a new rule;

(6) the proposed rules will repeal an existing rule;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities to comply with the proposed rules. There are no entities other than HHSC required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Constance Allison, Deputy Executive Commissioner of Policy and Rules, has determined that for each year of the first five years the rules are in effect, the public benefit will be accurate information available to stakeholders and the public regarding the duration and expiration of advisory committees making policy recommendations to HHSC, as well as updated information about the committees' membership and tasks.

Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules. The proposed rules amend advisory committee statutory authority and provides administrative housekeeping. There are no entities other than HHSC that is required to comply with the proposal.

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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, Austin, Texas 78751; or e-mailed to HHSRulesCoordinationOffice@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 14 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 20R056" in the subject line.

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Government Code §531.012, which authorizes the Executive Commissioner to establish advisory committees by rule and to include in the rule a date of abolition.

The amendments affect Texas Government Code §531.0055 and Texas Government Code §531.012. The amendments also affect Texas Health and Safety Code chapter 118, which establishes the Palliative Care Interdisciplinary Council.