Texas HHSC Issues Amended Guidance Letter Regarding the Resumption of Certain Surgeries and Procedures

April 27, 2020

Following the issuance of Texas Governor Greg Abbott’s Executive Order GA-15 (“EO GA-15”), the Texas Health and Human Services Commission (“HHSC”) released a Health Care Facility Licensing Guidance Letter on April 17, 2020 to describe the responsibilities of Texas licensed health care facilities in response to Executive Order GA-15. On April, 23, 2020, HHSC amended its Guidance Letter to update the health care facility certification submission requirements. HHSC is now recommending that licensed health care facilities use Form 3221 to submit the certification required under EO GA-15. However, facilities that have already submitted a certification letter to HHSC do not need to submit Form 3221. The certification must: 

  • Be completed by a licensed health care facility’s administrator, CEO, or other individual with authority to bind the facility listed;

  • Include a valid email address for the individual with the authority to bind the facility;

  • Include the license number of the facility;

  • Contain the initials of the individual with authority to bind the facility certifying that: (1) each hospital facility listed will reserve at least 25% of its hospital capacity for treatment of COVID-19 patients, accounting for the range of clinical severity of COVID-19 patients and (2) each facility listed will not request any personal protective equipment from any public source, whether federal, state, or local, for the duration of the COVID-19 disaster;

  • Not limit or qualify the above required certification language in any way;

  • Be signed and dated by the facility’s administrator, CEO or other individual with authority to bind the facility;

  • Reference the name, license type and license number for each facility listed in the certification in the subject line of the email when submitting. 

A facility that submits a certification meeting all of the requirements will receive an email acknowledgement from HHSC. To view the amended Guidance Letter, please visit here .

Joshua M. Weaver
Phone: (214) 705-3516
Board Certified – Health Law
Texas Board of Legal Specialization
Steve Litke
Phone: (972) 427-7685
Ashley E. Johnston
Phone: (214) 763-8296
Board Certified – Health Law
Texas Board of Legal Specialization
Chris Reed
Phone: (214) 705-3935
Joseph E. Nelson
Phone: (214) 705-3907
Board Certified – Health Law
Texas Board of Legal Specialization
Rachael Nelson Gearing
Phone: (469) 680-9609
Kevin Mitchell
Phone: (469) 680-9049
Stephanie Toth
Phone: (469) 480-9729
Shannon Cahalan
Phone: (214) 938-9898
Paul Wehrmann
Phone: (214) 957-0919
Vicki Wanjura
Phone: (214) 587-6026
The material contained in this email alert is for informational purposes only. It is not intended to be legal advice nor is it intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. The COVID-19 disaster, and the federal, state and local governmental response, is a fluid and rapidly involving situation, meaning the material contained herein may be subject to change.