April 17, 2020
As discussed in our previous email update found
, 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
. We will continue to keep you updated of any updates or guidance as they are made available related to Executive Order GA-15.