What’s in a Rule?

Earlier this year, the Texas Supreme Court issued an opinion outlining the definition of a “rule.” El Paso Hospital Dist. v. HHSC, 247 S.W.2d 709 (Tex. 2008). The Court stated, “a presumption favors adopting rules… through the formal rule-making procedures.” This case supports the premise that agency action may be invalidated if it isn’t backed [...]

Are You Ready for the Latest Changes to the SOM? Tags 325 and 371

On September 1, 2008, changes within Appendix PP of the State Operations Manual become effective. The changes involve deleting F326 and incorporating that tag’s guidance into F325 and deleting F370 and incorporating it into F371. However, the changes are voluminous compared to what exists now. You may find the changes here, comprising 58 pages. The [...]