SECTION 351.1. Health and Human Services Commission Review of Component Agency Rules

(a) Purpose. This rule implements the Health and Human Services Commission (HHSC) review of its component agencies' rulemaking. State law empowers HHSC to review all proposed rules of its component agencies for compliance with its coordinated strategic plan, existing statutory authority, rules of other health and human services agencies, and budgetary implications. HHSC may notify its component agencies that it requires withdrawal or amendment of their proposed rules. Texas Civil Statutes, Article 4413(502), §15, describes the procedures for all rules except Medicaid rules. The State Medicaid Office, a function of HHSC, approves and issues Medicaid rules.

(b) Notice by publication. Publication of a proposed rule in the Texas Register is notice to the commission that a component agency proposes to adopt a rule.

(c) Notice of emergency rules. The power of the component agencies to enact emergency rules is not impaired by the commission's review of component agency rules. The commission's review of emergency rules will take place after those emergency rules are published as proposed rules.

(d) Notice of requirement for withdrawal or amendment. Before a component agency adopts a rule, if the commission requires the withdrawal or amendment of the rule, the commission will notify the component agency in writing of its reasons for the request. The commission signifies its approval of a proposed rule by not notifying the component agency in writing that the commission requires the withdrawal or amendment of the rule before the component agency adopts a rule.

(e) Procedures. HHSC will inform the component agencies from time to time of its procedures by which component agencies shall keep HHSC informed as they develop rules.

Source Note: The provisions of this §351.1 adopted to be effective October 1, 1993, 18 TexReg 7921