Texas Health and Human Services Commission Issues a Guidance Letter Regarding the Resumption of Certain Surgeries and Procedures in Response to Executive Order GA-15


April 17, 2020

As discussed in our previous email update found here , Texas Governor Greg Abbott issued Executive Order GA-15, concerning the resumption of non-emergent surgeries and procedures in certain circumstances. Following the issuance of Executive Order GA-15, the Texas Health and Human Services Commission (“HHSC”) released a Health Care Facility Licensing Guidance Letter to describe the responsibilities of Texas licensed health care facilities in response to Executive Order GA-15.

The Guidance Letter makes it clear that the prohibition on surgeries and procedures outlined in Executive Order GA-15 does not apply to any surgery or procedure performed in a Texas licensed health care facility that has certified to HHSC both that: (a) it 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 (b) it will not request any PPE from any public source (federal, state, or local) for the duration of the COVID-19 disaster.

A licensed health care facility’s certification must be submitted to HHSC in the form of a letter that must:

  • Be on the facility’s letterhead;

  • Be addressed to: Health Facility Licensing Certification Coordinator, Health and Human Services Commission, Health Facility Licensing - MC 1868, P.O. Box 149347, Austin, TX 78714-9347;

  • Reference the facility’s name, license type and number in the subject line;

  • Identify by name the facility’s administrator, director or other individual with the authority to bind the facility;

  • Include the following language: (1) “I certify, on behalf of [name of licensed health care facility], that this facility 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) “I certify, on behalf of [name of licensed health care facility], that this facility 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 by the facility administrator, director or other individual with the authority to bind the facility, already identified; and


To view the HHSC Guidance Letter in its entirety, please visit here . We will continue to keep you updated of any updates or guidance as they are made available related to Executive Order GA-15.

Weaver Johnston & Nelson, PLLC
10440 N. Central Expressway, Suite 1400
Dallas, Texas 75231
Phone: (214) 705-3515 
Ashley E. Johnston
Phone: (214) 763-8296
Board Certified – Health Law
Texas Board of Legal Specialization
Joshua M. Weaver
Phone: (214) 705-3516
Board Certified – Health Law
Texas Board of Legal Specialization
Joseph E. Nelson
Phone: (214) 705-3907
Board Certified – Health Law
Texas Board of Legal Specialization
Steve Litke
Phone: (972) 427-7685
Chris Reed
Phone: (214) 705-3935
Kevin Mitchell
Phone: (469) 680-9049
Shannon Cahalan
Phone: (214) 938-9898
Stephanie Toth
Phone: (469) 480-9729
Rachael Nelson Gearing
Phone: (469) 680-9609
Vicki Wanjura
Phone: (214) 587-6026
Paul Wehrmann
Phone: (214) 957-0919
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