Temporary Suspension of State Licensure Requirements on Bed Capacity During the COVID-19 Pandemic

The Health and Human Services Commission (HHSC) requested the Office of the Governor to suspend certain rule requirements to allow licensed general and special hospitals to continue to temporarily increase the number of beds in patient rooms in response to COVID-19. On March 9, 2021, in accordance with Texas Government Code §418.016, the Office of the Governor granted HHSC's request.

The following rules related to multibed patient rooms/areas in currently licensed general and special hospitals are suspended to the extent necessary for a hospital to increase occupancy in response to surge needs for hospital capacity due to COV1D-19:

• 25 TAC §133.162(d)(4)(A)(iii)(I);
• 25 TAC §133.163(f)(1)(A)(i)(II)-(III);
• 25 TAC §133.163(f)(1)(B)(i)(III)-(IV);
• 25 TAC §133.163(m)(1)(B)(ii);
• 25 TAC §133.163(t)(1)(B)(iii)-(iv);
• 25 TAC §133.163(t)(1)(C); and
• 25 TAC §133.163(t)(5)(B)-(C).

This suspension is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. After the termination of Governor’s disaster declaration, hospitals must revert to the original occupancy requirements as required by the above-mentioned rules.

If you have questions, contact HCR_PRT@hhs.texas.gov.