September 29, 1999, Tonia J. Wood, Appraisal Archivist
Agency Contact
This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.
Clifton Riedel
Records Administrator
General Services Commission
Central Services Building
1711 San Jacinto Blvd.
PO Box 13047
Austin, TX 78711-3047
Agency History and Structure
The Texas Health Planning and Development Act of 1975 (House Bill
2164, 64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission did not have jurisdiction over architectural designs
or standards in a facility. It also was not involved in the regulation
of the practice of medicine or physician's services.
The commission received information and data concerning population
statistics and existing health care and facilities from the Texas Department
of Health in order to make decisions concerning certificates of need.
Twelve regional health systems agencies (HSAs) were created in Texas
ca. 1977 to provide local input into state health planning as mandated
by federal law (P.L. 93-641), including local review of certificate
of need applications submitted to the THFC. The THFC was also required
to work with the HSAs in providing an appropriateness review of institutional
health services in Texas. The THFC prepared a work plan that was submitted
to the federal Department of Health, Education and Welfare in April
1980. The appropriateness review program officially ended December 1981
under the federal Omnibus Budget Reconciliation Act of 1981. Most of
the HSAs ceased operation by the end of fiscal year 1983 due to federal
budget cuts and the removal of federal requirements for the HSAs to
participate in state health planning.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
return to top
Project Review
I was assigned to appraise the records of the General Services Commission
(GSC) on April 19, 1999. As part of that assignment, I was to appraise
records of defunct agencies that are marked for archival review on the
GSC records retention schedule. Laura Saegert had appraised the records
of the Texas National Research Laboratory Commission in August 1998.
The only other defunct agency currently listed on the GSC retention
schedule with record series requiring archival review is the Texas Health
Facilities Commission.
I reviewed the Self-evaluation report to the Sunset Commission, annual
reports, a legislative appropriation request (1984), federal laws, and
state laws. I reviewed the General Services Commission records retention
schedule (including record series of the Health Facilities Commission),
a re-certification submitted in June 1997 and approved in April 1998.
There are six series listed for archival review for the Health Facilities
Commission: Meeting minutes, Personnel files, Closed exemption declaratory
ruling, Annual report, Sunset report, and Sunset review material.
Other series were found while examining the agency's records stored
at GSC: Administrative correspondence; Agency rules, policies, and procedures;
Reports and studies (non-fiscal); Litigation files; Plans and planning
records; and Organization charts (included in annual financial reports).
A decision was made to appraise all records of the agency, including
those already in custody of the Archives and Information Services Division,
since parts of series held at GSC were also at the Archives. Since the
Health Facilities Commission is a defunct agency, no more records will
be created. Additional series that were already at the Archives or Texas
Documents Collection include Legal opinions and advice, Speeches and
papers, Hearing files, and Legislative appropriation requests.
On May 5, 1999, I mailed a letter from Chris LaPlante, State Archivist
and Director of the Archives and Information Services Division, to Tom
Treadway, Executive Director of the General Services Commission. On
May 12, 1999 I called Clifton Riedel, Records Administrator for the
General Services Commission, and set up a meeting on May 19 at 2:00
p.m.
I met with Clifton Riedel and his assistant Becky Coble on May 19 and
we discussed the information needed to complete the record series reviews
for the General Services Commission and Health Facilities Commission.
I had several phone conversations regarding the appraisal process and
questions about specific series. In late July, we approved an extension
through the end of August for the due date of record series reviews.
I returned to GSC on August 18 to review some Health Facilities Commission
files to help determine series for a miscellany of records. One box
had been labeled Health Facilities Commission records, but was actually
Building Commission property appraisals for land and buildings near
the Capitol acquired for Capitol Complex building expansion. That series
was added to the GSC records appraisal. The next week I received the
record series reviews prepared by GSC staff for the Health Facilities
Commission.
On September 13, 1999 I received six cubic feet of Health Facilities
Commission records from the General Services Commission. GSC should
no longer have any THFC archival records under its control; GSC maintains
THFC personnel records permanently and certificate of need records until
the retention period has been fulfilled. Some material received has
fulfilled its retention, is not archival, and will need to be destroyed.
Previous Destructions
Destruction requests located in the Archives and Information Services
Division agency files included the following series: Closed exemption
declaratory rulings, 1975-1982; Certificate of need files, 1976-1982;
Correspondence, 1975-1985; Personnel records, 1976-1981; Postings and
agenda, 1975-1977; Order files, hospitals and nursing homes, undated;
Annual report, Equipment Acquisition, replacement, repair, 1978; Accounting
and routine files.
Archival Holdings
Records, 1975-1985, 31 cubic ft.
These records are open meeting files, correspondence, memos, legal
records, agenda, copies of certificates of need, transcripts, and audio
cassette tapes of open meetings of the Health Facilities Commission
(THFC), dating 1975-1985. Open meeting files include the hearing officers'
reports and the commission's vote on proposed projects. Other records
include correspondence of commissioners and deputy administrators, and
general counsel correspondence and subject files.
Records, 1975-1985, 7 cubic ft.
Types of records present include decisions of open meetings, agenda,
audio cassette tapes of meetings, correspondence, memoranda, transcripts,
reports, and some photographs. Records date from 1975-1985 spanning
the entire ten-year life of the Texas Health Facilities Commission (THFC).
These records are minutes and subject files of the THFC which provide
substantive documentation of its major functions: determining the need
for proposed health facility projects and issuing certificates of need
or exemption for those projects.
Records, 1975-1985, 6 cubic ft.
These records are audio cassette tapes of open meetings, reports,
rules, administrative correspondence, plans, sunset review material,
policy papers and history, and litigation files, 1975-1985, of the Texas
Health Facilities Commission. These records were recently transferred
from the General Services Commission.
Project Outcome
The appraisal of Health Facilities Commission records is now complete.
The General Services Commission records management officer should apply
the following decisions to the agency's retention schedule.
Remove archival review code R and replace with archival exception code
E:
Personnel records-Add note to Remarks column: "Archival
review code removed subsequent to appraisal by Archives and Information
Services Division, Texas State Library and Archives Commission, September
29, 1999."
Remove series from schedule, records were appraised as archival and
the complete series have been transferred to the Archives and Information
Services Division:
Annual report
Meeting minutes
Sunset Commission report
Sunset review material
Remove series from retention schedule, all records in the series have
met their retention period and the series no longer exists:
Closed exemption declaratory ruling
Other series appraised as archival that were not scheduled and have
been transferred to the Archives and Information Services Division through
the years (no changes to the retention schedule):
Legislative appropriation requests
Organization charts
Weekly open meeting records
Reports and studies (non-fiscal)
Plans and planning records
Administrative correspondence
Legal opinions and advice
Litigation files
Agency rules, policies and procedures
Speeches and papers
Series that was not on the retention schedule, and appraised as not
archival (no changes to the retention schedule):
Hearing files
Note: Retention schedule incorrectly lists date the agency was sunsetted
as August 31, 1995. The correct date is August 31, 1985.
return to top
Record Series Reviews
Record Series Review
Series Title: Meeting minutes
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are annotated agenda (labeled as minutes), decision lists,
audio cassette tapes, and transcripts of open meetings of the Texas
Health Facilities Commission, dating 1975-1985. At meetings, commissioners
rendered decisions on providing certificates of need, declaratory rulings,
and exemptions for hospital and nursing home construction and services,
and occasionally adopted rules, received business and financial reports,
and carried out other general administrative duties. Meetings were tape
recorded, and at the time the self-evaluation report to the Sunset Commission
was written in August 1983, the tape recordings were considered the
minutes. Verbatim transcripts were prepared as necessary using the audio
cassette tapes. Decision lists documenting the commissioners' actions
on all matters considered at the open meetings were prepared after each
meeting and maintained internally, distributed to subscribers, and made
available to the public.
Purpose:
Meeting minutes document decisions made and actions taken by the commissioners
at open meetings.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: By type of material, then chronological.
Access constraints: None
Use constraints:
Will need a cassette tape player to listen to audio cassette tapes of
meetings.
Indexes or finding aids required for/or an aid to access? None
Problems:
Minutes are on cassette tape, a non-permanent, non-archival medium,
and the audio cassette tapes are not well marked. Transcriptions are
available for only a few of the meetings.
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Meeting minutes
Series item number: 1.1.017
Agency item number: SUN-5
Archival code: R
Retention: PM
Archival holdings:
Health Facilities Commission, Minutes, 1975-1985, 4 cubic ft.
Records present are minutes and audio cassette tapes of the regular
and emergency meetings of the Texas Health Facilities Commission (THFC)
dating from 1975-1985. The THFC held open meetings weekly to consider
the applications of medical facilities for certificates of need or exemption.
These records consist largely of agenda which give the time and place
of the meeting and a listing of individual cases reviewed by the board
with the decisions made in each case stated, along with audio cassette
tapes of the meetings.
Health Facilities Commission, Meeting records, 1981-1985, 1 cubic
ft.
These records are transcripts and audio cassette tapes (1981-1985) from
some of the open meetings, as well as records regarding decisions made
by the commission on open meeting applications from 1983-1985; these
records include a copy of the agenda, a brief description of each application,
a tally of the commissioners' vote, and final approval or denial.
Minutes, 1976-1985, 2.2 cubic ft.
These records are decision lists and audio cassette tapes of open meetings,
1976-1985, of the Texas Health Facilities Commission. These records
were recently transferred from the General Services Commission.
Archival holdings of related records:
Texas Department of Health, Bureau of State Health Planning and Resource
Development, Records.
Gaps? None known.
Appraisal Decision:
It appears the Health Facilities Commission was not consistent in its
designation of minutes. Annotated agenda were created and labeled as
minutes through fiscal year 1983. After each meeting, decision lists
were prepared and mailed out to subscribers. Each meeting was audio
taped and transcriptions were prepared as necessary. In the 1983 self-evaluation
report to the Sunset Advisory Commission, the audio cassette tapes were
listed as the agency's minutes with transcriptions being prepared as
necessary. Because the agency designation of minutes is varied, I recommend
that all four groups: annotated agenda (labeled as minutes), decision
lists, audio cassette tapes, and transcriptions be considered the meeting
minutes and thus all appraised as archival. The General Services Commission
can remove the series from its retention schedule since all of the meeting
minutes have been transferred to the Archives and Information Services
Division.
return to top
Record Series Review
Series Title: Weekly open meeting records
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are agenda, reports and recommendations by a hearing officer,
and copies of certificates of need issued by the Texas Health Facilities
Commission, dating July 1975-May 1985, contained in files of supporting
documentation created for each open meeting. Sometimes there are also
registration sheets and speaker request forms for the open meeting and
correspondence between the commission and concerned parties. The most
substantive records are the hearing officer reports. These may include
part or all of the following: a review of the relief sought, pleadings,
motions, evidence considered, findings of fact, recommended findings
of law, and a final recommendation whether or not to grant a certificate
of need or an exemption certificate. Copies of certificates of need
granted by the commission are filed after the hearing officer reports.
A separate series of hearing files concerning changes in commission
rules is reviewed in this appraisal report.
Purpose:
Open meeting records provided background information to the commission
members, which they used to make decisions at open meetings.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Meetings-supporting documentation
Series item number: 1.1.062
Agency item number:
Archival code: A
Retention: 2
Archival holdings:
Weekly open meeting records, 1975-1985, 25 cubic ft.
These records are agenda, reports and recommendations by a hearing officer,
and copies of certificates of need issued by the Texas Health Facilities
Commission, dating 1975-1985, contained in files created for each open
meeting. Sometimes there are also registration sheets and speaker request
forms for the open meeting and correspondence between the commission
and concerned parties. The most substantive records are the hearing
officer reports. These may include part or all of the following: a review
of the relief sought, pleadings, motions, evidence considered, findings
of fact, recommended findings of law, and a final recommendation whether
or not to grant a certificate of need or an exemption certificate. Copies
of certificates of need granted by the commission are filed after the
hearing officer reports.
Archival holdings of related records:
Texas Department of Health, Bureau of State Health Planning and Resource
Development, Records.
Gaps? None known
Appraisal Decision:
The series Weekly open meeting records (Meetings-supporting documentation)
has been appraised as archival because it supplements the meeting minutes
by providing material referred to in the commission's minutes. The supporting
documentation contains background information that can be used to understand
the reasoning behind the commission's decisions. Since the series Weekly
open meeting records does not appear on the GSC retention schedule,
no changes need to be made.
return to top
Record Series Review
Series Title: Personnel records
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings:
Personnel records are to be retained permanently according to the retention
schedule. General Services Commission holdings date from 1975-1985;
size is 2 cubic ft. These records are located in Room 250 of the Central
Services Building.
Description:
These records are employee personnel action forms, payroll voucher records,
salary records, a notice to the Internal Revenue Service, and other
personnel and pay-related records, dating from 1975-1985, for the Texas
Health Facilities Commission. The commission was abolished after sunset
review in 1985; the General Services Commission is required to maintain
employment verification for agencies no longer in existence.
Purpose:
Personnel records provide minimum information needed to verify employment.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement:
Employee personnel action forms are arranged alphabetically by employee
last name. Other records are arranged chronologically.
Access constraints:
Public Information Act, V.T.C.A., Government Code, Section 552.102(a),
information in the personnel file of an employee of a governmental body,
the disclosure of which would be a clearly unwarranted invasion of personal
privacy, is confidential. Section 552.024 makes employees' home address,
home phone, social security number, and whether the employee has family
members confidential upon notification by the employee.
The name, sex, ethnicity, salary, title, and dates of employment of
each employee and officer of a governmental body are public information.
Public Information Act, V.T.C.A., Government Code, Section 552.022(2)
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests located in the Archives and Information Services
Division agency files listed the following series for destruction: Personnel
records, 1976-1981.
Publications based on records: None
Series data from agency schedule:
Title: Personnel records
Series item number: 3.3.011
Agency item number: SUN-8
Archival code: R
Retention: PM
Archival holdings:
None in the Archives and Information Services Division of the Library
and Archives Commission
Gaps? None known
Appraisal Decision:
Although personnel records must be retained for employee verification,
there is no other reason to keep them permanently. They do not provide
significant information about the functions and responsibilities of
the agency. I recommend this series be appraised as not archival. The
agency should remove archival review code R from the retention schedule
and replace it with archival exception code E, with the following note
in the Remarks column: "Archival review code removed subsequent
to appraisal by Archives and Information Services Division, Texas State
Library and Archives Commission, September 29, 1999."
return to top
Record Series Review
Series Title: Annual report
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are annual reports of the Texas Health Facilities Commission
for fiscal years 1976-1982. Reports contain a cover letter; an executive
summary; information on statutory authority, duties, jurisdiction, and
administration of the agency; a summary of past activities and projections;
sections regarding the certificate of need and appropriateness review
programs, including violations and enforcement; and appendices including
financial statements and statistics concerning agency activities. The
report for fiscal year 1976 also contains a summary of activity for
the first months of the agency's existence, June to August 1975. The
commission was required to submit an annual report to the governor and
legislature. It is not known if annual reports were created for fiscal
year 1983 and later since the agency was undergoing sunset review.
Purpose: Annual reports summarize agency activities for the fiscal
year.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: This is a publication.
Series data from agency schedule:
Title: Annual report
Series item number: 1.1.032
Agency item number: SUN-10
Archival code: R
Retention: PM
Archival holdings:
Health Facilities Commission, Annual reports, FY 1976-FY 1982, 0.1
cubic ft. (to be transferred to the Texas Documents Collection)
Archival holdings of related records:
Texas Department of Health, Bureau of State Health Planning and Resource
Development, Records.
Texas Documents Collection holdings:
The Texas Documents Collection has Health Facilities Commission annual
reports for FY 1976, FY 1979-FY 1980, and FY 1982.
Gaps? No reports located after FY 1982
Appraisal Decision:
Created separately from an annual financial report, annual reports provide
information on the programs carried out by the agency during a fiscal
year. Agency annual reports have been appraised as archival. Since the
General Services Commission has transferred all the Health Facilities
Commission's annual reports to the Archives and Information Services
Division, the series can be removed from the GSC's retention schedule.
return to top
Record Series Review
Series Title: Sunset Commission report
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
The record is a self-evaluation report, in two parts, from the Texas
Health Facilities Commission to the Sunset Advisory Commission, dating
1983. The first part of the self-evaluation report, dated June 1983,
describes historical background leading to the creation of the agency
and the legislative history since its creation; agency operations including
the certification program, appropriateness review, accomplishments,
and operating difficulties and areas for improvement; and issues such
as the necessity for the certificate of need program, compliance with
federal requirements, changes to existing requirements, cost-effectiveness
of the program, capital expenditure review requirements, and responsibility
for conducting certificate of need or capital expenditure reviews. The
second part of the report, dated August 1983, is a question and answer
format covering the policy making structure, overall administration,
program evaluation for appropriateness review and certificate of need,
other sunset criteria such as open meetings/open records, equal employment
opportunity, public participation, and conflict of interest, and sunset
across-the-board recommendations. An attachment contains the commission's
rules dated September 1981. The agency was abolished effective September
1, 1985 since the Legislature did not approve continuation of its existence.
Purpose:
The self-evaluation report provided agency information to the Sunset
Advisory Commission so that decisions could be made about the future
of the agency.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: By topic within the report
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies:
Archival records of the Sunset Advisory Commission concerning the Health
Facilities Commission should all be transferred to the Archives and
Information Services Division of the Texas State Library and Archives
Commission by now. These records however do not include the 1983 self-evaluation.
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records:
Staff reports by the Sunset Advisory Commission on individual agencies
under review are partially based on each agency's self-evaluation review.
Copies of these staff reports are filed in the Publications Depository
Program of the Library and Archives Commission.
Series data from agency schedule:
Title: Sunset Commission report
Series item number: 1.1
Agency item number: SUN-11
Archival code: R
Retention: PM
Archival holdings:
Self-evaluation report to the Sunset Advisory Commission, 1983, 0.1
cubic ft.
Texas Documents Collection holdings:
The Texas Documents Collection has the Health Facilities Commission's
self-evaluation report to the Sunset Advisory Commission, dated 1983.
Gaps? None
Appraisal Decision:
When the records of the Sunset Advisory Commission (SAC) were appraised,
the decision was made that the record copies of self-evaluation reports
were those submitted to the Sunset Advisory Commission, since that agency
requires the reports be created in order to carry out its functions.
The Sunset Commission serves as the central gathering point for all
self-evaluation reports created. The Archives and Information Services
Division has copies of self-evaluation reports created from 1977-1987
that were transferred by SAC, but the Archives holdings do not include
the 1983 report by the Health Facilities Commission. I recommend the
Health Facilities Commission series Sunset Commission report be appraised
as archival since it is not included with the Sunset Advisory Commission's
self-evaluation reports. The GSC should remove the series from the retention
schedule since the report has been transferred to the Archives and Information
Services Division of the Texas State Library and Archives Commission.
return to top
Record Series Review
Series Title: Sunset review material
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are correspondence, comments, clippings, publications,
evaluations, briefings, audio cassette tapes, transcripts, legislation,
reports, and lists dating 1976, 1983-1985, regarding the sunset review
of the Texas Health Facilities Commission (THFC) by the Sunset Advisory
Commission. The THFC was abolished effective September 1, 1985 after
the Legislature failed to continue its existence. Clippings from newspapers
and news articles from various organizations' publications were gathered
from the legislative clipping service, Texas Medical Association's Socioeconomics
Weekly, Texas Hospital Association, Sam Kinch's Texas Weekly,
Quorum Report, Texas Architect, Texas Hospitals,
and Texas Medicine. Other sunset review materials include Texas
Hospital Association testimony before the Sunset Commission, a list
of states with no certificate of need program, types of projects that
would be deregulated under a proposed bill, a fact sheet concerning
results of decisions made by the THFC, a mailing list, and a voting
sheet. Audio cassette tapes record a public hearing held by the Texas
House of Representatives' Public Health Committee, THFC staff presentations
to the Sunset Advisory Commission (a transcript is also available),
and a meeting of the Sunset Advisory Commission at which the future
of the THFC was discussed. Correspondence and comments provide opinions
of affected parties on the future of the THFC and the effect its continuation
or abolition would have, and answer questions asked by the Sunset Commission.
Reports include those by the THFC and the Sunset Commission.
The series Legal opinions and advice also contains some sunset review
material.
Purpose:
Sunset review material is created and gathered to provide information
to the Sunset Advisory Commission or to receive information from the
SAC regarding the sunset review of the agency.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: By type of material, then generally chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records:
Self-evaluation report to the Sunset Advisory Commission, 1983
Series data from agency schedule:
Title: Sunset review material
Series item number:
Agency item number: SUN-12
Archival code: R
Retention: PM
Archival holdings:
Sunset review material, 1976, 1983-1985, 1 cubic ft.
Archival holdings of related records:
Sunset Advisory Commission, Minutes and Decision material, 1984 Nov.
19, fractional
Records specifically relating to the Texas Health Facilities Commission
include voting sheets, a commissioners' decision sheet, and a summary
of decisions made at the November 19-20, 1984 meeting of the Sunset
Advisory Commission. At that meeting, the commission's recommendation
was to retain and modify the agency.
Texas Documents Collection holdings:
Self-evaluation report to the Sunset Advisory Commission, 1983
Gaps? None known
Appraisal Decision:
The THFC and its functions are no longer in existence. A thorough record
of the sunset process should be maintained to provide an understanding
of the reasons for the abolition of this agency. Although some of the
material may be found among the Sunset Advisory Commission's archival
records, other material is missing from the Sunset Commission's records,
including the Self-evaluation report. In order to assure the fullest
record possible of the demise of this state agency, I recommend this
series be appraised as archival. Since the General Services Commission
has transferred the series to the Archives and Information Services
Division, the series Sunset review material should be removed from the
GSC retention schedule.
return to top
Record Series Review
Series Title: Legislative appropriation requests
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are the legislative appropriation requests of the Texas
Health Facilities Commission submitted to the Legislative Budget Board
and others. The records date from 1976-1984, covering fiscal years 1978-1987.
The requests generally contain narrative statements of agency functions
or programs. Program objectives are listed, along with a description
of each objective, discussion of performance measures, statistics, program
need indicators, and expenses-expended, current, and projected, at different
funding levels.
Purpose:
The purpose of this series is to request appropriations from the legislature
and to provide justification for the amounts requested.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records:
Legislative Budget Board, Legislative Budget Estimates have been
published since fiscal years 1954 and 1955. This publication, a compilation
of data for all state agencies, summarizes the fiscal information found
in agency-submitted budgets or appropriations requests, but omits most
of the narrative.
Equivalent series from state Records Retention Schedule:
Title: Legislative appropriation requests
Series item number: 1.1.004
Agency item number:
Archival code: A
Retention: AC+6
Archival holdings:
Legislative appropriation requests, 1978, covering fiscal years 1980-1981,
fractional (to be transferred to the Texas Documents Collection)
Texas Documents Collection holdings:
The archival requirement for this series was fulfilled by sending the
required copies to the Publications Depository Program, Texas State
Library and Archives Commission (13 Texas Administrative Code, Section
3.4(3)). The Texas Documents Collection has legislative appropriation
requests dating from 1976 and 1980-1984 covering fiscal years 1978-1979
and 1982-1987.
Gaps? None
Appraisal Decision:
Biennial budget requests prepared by state agency boards and/or commissions
provide evidence of an agency's fiscal performance and needs. The archival
requirement for this series was fulfilled by sending the required copies
to the Publications Depository Program of the Texas State Library and
Archives Commission. Since the series does not appear on the General
Services Commission's retention schedule, no changes need to be made.
return to top
Record Series Review
Series Title: Organization charts
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are organization charts, 1976-1984, for the Texas Health
Facilities Commission, which provide details about the agency's structure
in a graphic format. Charts are included in the agency's annual financial
reports from 1977-1983, and in the commission's legislative appropriation
requests prepared biennially from 1976 to 1984.
Purpose:
Organizational charts show agency structure in a graphic format.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Organization charts
Series item number: 1.1.023
Agency item number:
Archival code: A
Retention: US
Archival holdings:
Annual financial reports, FY 1977-FY 1983, 0.1 cubic ft. (to
be transferred to the Texas Documents Collection)
Legislative appropriation request, 1978, fractional (to be transferred
to the Texas Documents Collection)
Texas Documents Collection holdings:
The archival requirement for organization charts was met by sending
annual financial reports and biennial budget requests to the Publications
Depository Program of the Library and Archives Commission. The Texas
Documents Collection has annual financial reports, 1979, 1982-1983,
and biennial budget requests, 1976, 1980, 1982, and 1984 covering fiscal
years 1978-1979, 1982-1987.
Gaps? No organization charts before 1976 or after 1984
Appraisal Decision:
Organization charts show the structure of the Texas Health Facilities
Commission in a graphic format. The series is appraised as archival
because it provides information about changes in the structure of the
agency for nearly the entire period of the agency's existence. Organization
charts are included in the Health Facilities Commission's annual financial
reports and biennial budget requests, which are located in the Texas
Documents Collection of the Archives and Information Services Division
of the Library and Archives Commission. Since the series was not listed
on the GSC retention schedule, no changes are required.
return to top
Record Series Review
Series Title: Reports and Studies (Non-Fiscal)
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are legislative and consultants' reports, a pre-application
summary report, and lists of facilities, dating 1982-1985 and unknown,
concerning the Texas Health Facilities Commission. Reports concern health
systems agencies, health care cost containment, nursing home reform,
and the certificate of need program. The THFC was responsible for regulating
health facilities through the certificate of need program in order to
control health care costs and worked with the Texas Department of Health
in state health planning. The pre-application summary report is a chart
providing statistics and information for construction and renovation
projects for which pre-application reports were filed for the second
half of 1984. Lists provide names and addresses of all health care facilities
in Texas, CT (computer tomography) scanner and MRI (magnetic resonance
imaging) locations in Texas, and pending ambulatory surgical centers.
Purpose:
Reports and studies summarize agency programs, their effectiveness,
and options for the future.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: Some of these are publications.
Equivalent series from state Records Retention Schedule:
Title: Reports and Studies (Non-fiscal)
Series item number: 1.1.067
Agency item number:
Archival code: R
Retention: 3
Archival holdings:
Reports and studies (non-fiscal), 1982-1985, 0.5 cubic ft.
These records are legislative and consultants' reports, a pre-application
summary report, and lists of facilities, dating 1982-1985, concerning
the Texas Health Facilities Commission. These records were recently
transferred from the General Services Commission.
Archival holdings of related records:
Texas Department of Health, Bureau of State Health Planning and Resource
Development, Records.
Texas Documents Collection holdings:
Some of the legislative reports are included in the Texas Documents
Collection holdings, including House Study Group, Special legislative
report, no. 108, The state and health-care cost containment, January
1985.
Gaps? No records before 1982
Appraisal Decision:
These reports provide context about the conditions of health care, and
one of the studies was commissioned by the lieutenant governor specifically
regarding the certificate of need program. The lists of health facilities
provide information about the number and variety of projects that the
commission was required to review. In view of the fact that the agency
is now defunct and that this series provides insight into the agency's
functions and activities, I recommend this series be appraised as archival.
Since the series was not listed on the General Services Commission retention
schedule, no changes need to be made.
return to top
Record Series Review
Series Title: Plans and planning records
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are a work plan and a long-range plan, dating 1980 and
1983, for the Texas Health Facilities Commission. The work plan was
developed in order to carry out an appropriateness review of institutional
health services offered in the state, and was submitted to the federal
Department of Health, Education and Welfare in April 1980. The plan
includes an explanation of the appropriateness review, health services,
review criteria, review schedule, and review procedures, plus attachments
containing a work program summary/performance, letters of agreement,
and a summary of public comments. Additional appropriateness review
records include correspondence, lists, rules, and an information packet.
A long-range plan concerning automated information systems was developed
in June 1983 for submission to the Automated Information Systems Advisory
Council. Attached to it is a justification statement for word processing
equipment.
Purpose:
Plans and planning records were created to detail methods of carrying
out state and federal programs.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: By subject
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Plans and planning records
Series item number: 1.1.024
Agency item number:
Archival code: R
Retention: AC+3
Archival holdings:
Appropriateness review work plan and planning records, 1980, 0.2
cubic ft.
Long-range automation plan, 1983, fractional
Archival holdings of related records:
Automated Information Systems Advisory Council, Long-range automation
plans, 1982-1984, 4 cubic ft.
Texas Department of Health, Bureau of State Health Planning and
Resource Development, Records.
Gaps? None known
Appraisal Decision:
Appropriateness review of institutional health services in Texas was
a program mandated by state and federal law. The law was apparently
repealed before the program was fully implemented, but the work plan
and associated records provide information about the regulation and
eventual deregulation of health services by the state and federal government.
The long-range automation plan provides information about the early
use of computers by the agency. I recommend this series be appraised
as archival. If the long-range automation plan is a duplicate of the
one included in the Automated Information Systems Advisory Council (AISAC)
records, I recommend the Health Facilities Commission's copy be destroyed
since the AISAC copy should be the record copy.
return to top
Record Series Review
Series Title: Administrative correspondence
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
Records consist of administrative correspondence, dating 1977-1985,
of commissioners and deputy administrators from the Texas Health Facilities
Commission (THFC). A large portion of the correspondence concerns applications
with the THFC for certificates of need necessary to begin medical facility
projects. The incoming correspondence often lobbied for or against a
particular project. The commissioners' replies, however, had to be neutral
since they were prohibited from commenting, outside of the open meetings,
on a pending application. Consequently, the deputy administrators answered
much of the correspondence. Other correspondence concerns the commission's
dealings with the federal Department of Health and Human Services, the
Texas Department of Health, the Texas Legislature, and other government
entities interested in expansion or construction of health facilities.
Correspondents include hospitals, nursing homes, health facility administrators,
physicians, state and federal officials, and private citizens.
Purpose:
Administrative correspondence was created in the process of directing
and managing the agency.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement:
The correspondence is divided into commissioners' correspondence, deputy
administrators' correspondence, and topical files. Most of the commissioners'
correspondence is subdivided into outgoing (1980-1984) and incoming
(1983-1985). All of the incoming was addressed to Commissioner W.G.
Kirklin, the last chairman of the commission. A separate file exists
for incoming and outgoing correspondence of Commissioner Betty Himmelblau
during her tenure as chair from 1981-1984. Within commissioner's files,
correspondence is generally chronological. The correspondence of the
deputy administrators includes both incoming and outgoing (1979-1985)
and is arranged alphabetically within each year. Topical files are grouped
by subject.
Access constraints:
A few letters contain attachments of medical records, which are confidential
for 100 years according to the Medical Practice Act, Vernon's Ann. Civ.
St., Article 4495b, Section 5.08(d).
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems:
There are a few confidential medical records included in the files and
some personal correspondence of the commissioners.
Known related records in other agencies: None
Previous destructions:
Destruction requests located in the Archives and Information Services
Division agency files listed the following series for destruction: Correspondence,
1975-1985, including staff, commissioners, incoming, and outgoing correspondence
(destruction approved September 1987, October 1988, October 1989, and
October 1990).
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Correspondence - Administrative
Series item number: 1.1.007
Agency item number:
Archival code: R
Retention: 3
Archival holdings:
Correspondence, 1979-1985, 2 cubic ft.
Records consist of correspondence, 1979-1985, of commissioners and deputy
administrators from the Texas Health Facilities Commission (THFC). Much
of the correspondence concerns applications with the THFC for certificates
of need necessary to begin medical facility projects. The incoming correspondence
often lobbied for or against a particular project. The commissioners'
replies, however, had to be neutral since they were prohibited from
commenting, outside of the open meetings, on a pending application.
Consequently, the deputy administrators answered much of the correspondence.
Other correspondence reflects on the commission's dealings with the
federal Department of Health and Human Services, the Texas Department
of Health, the Texas Legislature, and other government entities interested
in expansion or construction of health facilities. Correspondents include
hospitals, nursing homes, health facility administrators, physicians,
state and federal officials, and private citizens. Includes files for
the last chair of the commission, W.G. "Cotton" Kirklin.
Administrative correspondence, 1981-1984, 0.2 cubic ft.
These records are correspondence, 1981-1984, of Betty Himmelblau from
her term as chair and member of the Texas Health Facilities Commission.
These records were recently transferred from the General Services Commission.
Subject files, 1975-1985, 3 cubic ft. [part of]
Types of records present include correspondence, memoranda, transcripts,
reports, speeches and photographs. Records date from 1975-1985 and are
subject files of the Texas Health Facilities Commission (THFC). Correspondents
include commissioners, legislators, the attorney general, and health
care facility administrators. Topics addressed in the correspondence
relate to the regulation of the planning, development, construction,
and expansion of certain health-care facilities and services that fall
within the jurisdiction of the commission.
Archival holdings of related records:
Texas Department of Health, Bureau of State Health Planning and Resource
Development, Records.
Gaps? No correspondence before 1977
Appraisal Decision:
The administrative correspondence series contains correspondence and
some related materials regarding the development and implementation
of the certificate of need program in Texas. This series provides significant
information on the government's role in regulating health facilities.
Correspondence exists for most of the Health Facilities Commission's
existence. The administrative correspondence does contain records of
permanent value, and I recommend the series be appraised as archival.
Since the series was not listed on the General Services Commission's
retention schedule and GSC has recently transferred the rest of the
administrative correspondence in its possession to the Archives and
Information Services Division, no changes need to be made.
return to top
Record Series Review
Series Title: Legal opinions and advice
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are correspondence, memos, legal records, and copies of
Texas Health Facilities Commission rulings and certificates, 1976-1985,
created and kept by the general counsel for the Texas Health Facilities
Commission. Most of the correspondence in these files is outgoing from
the general counsel. Much of the correspondence concerns the general
counsel's legal interpretation of THFC policies and rules applicable
to specific projects. The correspondence discusses the THFC requirements
for certificates of need, exemption certificates and declaratory rulings.
Other topics include potential litigation problems, proposed regulations
and amendments to rules, sunset review of THFC, the phase out of the
agency, and replies to requests for opinions and information. Texas
state agency correspondents include the Attorney General, Department
of Health, and the Department of Human Resources/Services. Other correspondents
include physicians, health facility administrators, hospitals, health
clinics, and attorneys.
Litigation files are described in a separate series.
Purpose: Legal opinions and advice interpret agency authority.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement:
Legal opinions and advice are grouped into correspondence and subject
files. Correspondence is divided into a reading file of outgoing correspondence
(1979-1985); incoming correspondence (1976-1985); and past correspondence,
both incoming and outgoing, from 1980-1982. Opinions from 1979-1980
were maintained in separate outgoing correspondence files. Subject files
are arranged by topic.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: Opinions, Attorney General's
Office
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Legal opinions and advice
Series item number: 1.1.0
Agency item number:
Archival code: R
Retention:
Archival holdings:
General counsel correspondence, 1976-1985, 1 cubic ft.
These records are correspondence of the general counsel for the Texas
Health Facilities Commission, 1976-1985. Most of the correspondence
in these files is outgoing from the general counsel. Much of the correspondence
concerns the general counsel's legal interpretation of THFC policies
and rules applicable to specific projects. The correspondence discusses
the THFC requirements for certificates of need, exemption certificates
and declaratory rulings. Other topics include potential litigation problems,
proposed regulations, and replies to requests for opinions and information.
Texas state agency correspondents include the Attorney General, Department
of Health, and the Department of Human Resources/Services. Other correspondents
include physicians, health facility administrators, hospitals, health
clinics, and attorneys.
General counsel subject files, 1977-1985, 2 cubic ft. [part of]
Types of records include outgoing correspondence, memos, legal records,
and copies of Texas Health Facilities Commission rulings and certificates,
dating 1977-1985. These records are miscellaneous subject files from
the office of the general counsel of the THFC. Much of the material
revolves around the interpretation and application of THFC rules to
specific medical facility projects by the general counsel. The general
counsel maintained the opinions issued on questions in 1979-1980 in
separate outgoing correspondence files. Projects that involved legal
disputes or the threat of litigation are listed by the name of the medical
facility. Other topics include proposed amendments to THFC rules, sunset
review of THFC, legal disputes and settlements, and the phase out of
the agency in 1985. Records are arranged by topic.
Gaps? None known
Appraisal Decision:
Legal opinions and advice provide information about the legal ramifications
of agency policies and procedures, rules and laws. Decisions of the
commission based on legal opinions and advice are made in open meetings
and are documented in the series Meeting minutes. Accusations were made
during the sunset review that the agency did not approve or disapprove
health facilities solely based on need, but that political favors were
part of the decision-making process. A fuller picture of the decision-making
process would be gained if researchers had access to the legal opinions
and advice. I recommend this series be appraised as archival. Since
the series was not listed on the GSC retention schedule, no changes
need to be made.
return to top
Record Series Review
Series Title: Litigation files
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are litigation files containing correspondence; memoranda;
meeting reports; notes; and court records such as orders, petitions,
citations, pleas, answers, motions, requests, notices, responses, briefs,
affidavits, and judgments, dating 1980-1985, compiled by the Texas Health
Facilities Commission concerning lawsuits, real or threatened, in which
the agency was involved. Cases involved the federal Department of Health
and Human Services, hospitals and hospital districts, and personal care
homes and concerned state health planning and approval or disapproval
of proposed health facilities.
The series Legal opinions and advice may have related correspondence.
Purpose:
Litigation files were created by or on behalf of the Health Facilities
Commission in anticipation of or in the adjudication of a lawsuit.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: By case
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: Litigation files, Attorney
General's Office
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Litigation files
Series item number: 1.1.048
Agency item number:
Archival code: R
Retention: AC+1
Archival holdings:
General counsel subject files, 1977-1985, 2 cubic ft. [part of]
These records are subject files from the office of the general counsel
of the Health Facilities Commission (THFC). Much of the material revolves
around the interpretation and application of THFC rules to specific
medical facility projects by the general counsel. Other topics include
proposed amendments to THFC rules, sunset review of THFC, legal disputes
and settlements, and the phase out of the agency in 1985.
Litigation files, 1980-1981, 1985, 0.5 cubic ft.
These records are correspondence, court records, memoranda, and notes
contained in litigation files dating 1980-1981, 1985 for the Texas Health
Facilities Commission concerning two cases. These records were recently
transferred from the General Services Commission.
Gaps? None known
Appraisal Decision:
The purpose of the Health Facilities Commission was to approve or deny
the development of health facilities in Texas. When hospitals disagreed
with the commission's decision and an agreement could not be reached,
the only recourse for applicants was litigation. Most of the files concern
hospitals and hospital districts in litigation with the agency. One
file concerns the Department of Health and the THFC instigating litigation
against the federal Department of Health and Human Services concerning
state health planning. The two litigation files recently transferred
from the GSC complement files for the same cases already at the Archives
and Information Services Division. Since the cases all relate to the
main functions of the Health Facilities Commission, I recommend this
series be appraised as archival. Since the series was not listed on
the General Services Commission's retention schedule, no changes need
to be made.
return to top
Record Series Review
Series Title: Agency rules, policies, and procedures
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are copies of published rules, 1975-1976, 1978-1979, 1981,
and 1983-1984; memos and papers concerning policy, 1978-1985; and guidelines
for applicants requesting a certificate of need, 1982-1985, of the Texas
Health Facilities Commission. The files containing policy memos and
papers also include other material such as briefs filed in the Texas
Supreme Court concerning the continuation of the certificate of need
program until the effective date of abolishment of the THFC, memos concerning
new and terminated employees, several speeches and papers, comments
on the sunset review process, and copies of notices that appeared in
the Texas Register, most of which somehow relate to agency policy.
The Legal opinions and advice series contains interpretations of rules.
The series Speeches and papers contains copies of speeches and papers,
some included here. The series Hearing files also has material concerning
proposed rules, changes and amendments.
Purpose: Rules, policies, and procedures document and implement agency
operations.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None known
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: The rules are a publication.
Equivalent series from state Records Retention Schedule:
Title: Agency Rules, Policies, and Procedures
Series item number: 1.1.025
Agency item number:
Archival code: R
Retention: US+3
Archival holdings:
Rules, 1975-1976, 1978-1979, 1981, 1984, 0.3 cubic ft. (to be
transferred to the Texas Documents Collection)
Policy papers and memos, 1978-1985, 0.2 cubic ft.
Guidelines for applicants, 1982-1985, fractional
Speeches and papers, 1975-ca. 1985, 0.2 cubic ft.
Texas Documents Collection holdings:
The Texas Documents Collection contains a Rule amendment, 1983, and
proposed rules, 1984, for the Texas Health Facilities Commission.
Gaps? None known
Appraisal Decision:
Information on the agency's policies is an important part in understanding
the functions of the agency, how they were carried out, and why the
agency was eventually abolished. I recommend this series be appraised
as archival. Published rules are not archival, and will be removed from
this series but will be available through the Texas Documents Collection.
Since the series was not listed on the General Services Commission's
retention schedule and this series has been transferred to the Archives
and Information Services Division, no changes need to be made to the
retention schedule.
return to top
Record Series Review
Series Title: Speeches and papers
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are speeches and presentations, 1975-ca. 1985, given by
commissioners of the Texas Health Facilities Commission, the governor,
and others concerning the role of the Texas Health Facilities Commission
and state health care and planning in Texas. Commissioners presenting
speeches include Melvin Rowland, William Keener, Betty Himmelblau, Dora
McDonald, and W.G. Kirklin. Speeches were given before committees of
the Texas Legislature, Legislative Budget Board, Texas Hospital Association,
the 10th Annual Governor's Conference, Houston-Galveston Area Health
Commission, and a chapter of the Texas Nursing Home Association. Also
included in the files are presentations from plenary speakers at the
Conference on Health Planning and Development, held in 1980.
The series Agency rules, policies and procedures also contains copies
of some speeches.
Purpose:
Speeches and papers provide interested organizations with information
about the role of the commission.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Somewhat chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records: None
Equivalent series from state Records Retention Schedule:
Title: Speeches and papers
Series item number: 1.1.040
Agency item number:
Archival code: R
Retention: 2
Archival holdings:
Speeches and papers, 1975-ca. 1985, 0.2 cubic ft.
Policy papers and memos, 1978-1985, 0.2 cubic ft.
Gaps? None known
Appraisal Decision:
These speeches provide evidence of how the commission members viewed
the mission of the agency back to the beginning of the Texas Health
Facilities Commission. Since commissioners' administrative correspondence
is missing from the first years of the agency's existence, speeches
are another avenue of understanding the commissioners' positions on
issues. I recommend this series be appraised as archival. Since the
series is not listed on the General Services Commission and was already
at the Archives and Information Services Division, no changes need to
be made to the retention schedule.
return to top
Record Series Review
Series Title: Hearing files
Agency: Health Facilities Commission
Obsolete record series? Yes, agency and function abolished
Ongoing record series? No
Agency holdings: None
Description:
These records are transcripts, correspondence, witness registration
forms, a resolution, and proposed rules, dating 1975-1976, contained
in hearing files of the Texas Health Facilities Commission concerning
proposed emergency rules, amendments to rules, and changes to rules.
The series Legal opinions and advice contains interpretations of rules.
The series Agency rules, policies and procedures currently contains
published rules which will be transferred to the Texas Documents Collection.
Purpose:
Hearing files were used to gather public input in order for the commission
to formulate rules and regulations governing the agency's program.
Agency Program:
The Texas Health Planning and Development Act of 1975 (House Bill 2164,
64th Legislature, Regular Session) created the Texas Health Facilities
Commission "to insure that health care services and facilities
are made available to all citizens in an orderly and economical manner."
The commission was established in order to conform to the National Health
Planning and Resources Development Act of 1974 (P.L. 93-641) and subsequent
amendments.
The Health Facilities Commission was composed of three members appointed
by the governor with the concurrence of the Senate for overlapping terms
of six years. The chair and vice-chair were selected by the governor
with the chair serving as administrative head of the agency.
The Texas Health Facilities Commission (THFC) was responsible for administering
the state certificate of need program; complying with federal law; promulgating
rules necessary for the administration and enforcement of the certificate
of need program; issuing written orders regarding certificates of need,
declaratory rulings, and other matters; making an annual report to the
governor and legislature regarding the agency's operations; and administering
funds, prescribing personnel policies, and performing other duties and
functions as required by law.
The commission had jurisdiction over proposed new health facilities
or capital expansion projects and was to analyze and certify the need
for proposed projects which substantially expanded services offered
by a health care facility or which would provide a service not previously
offered. The THFC was to determine the need for hospital and nursing
home capital construction, for new services in such institutions, and
for expensive medical equipment. Criteria for need included necessity,
economic feasibility, and whether the project could be adequately staffed
and operated when completed. The commission made its decisions based
on information from several sources including a hearing examiner's report
and public meetings. If a proposed project met the criteria, the commission
authorized it by making a declaratory ruling, issuing a certificate
of need, or granting an exemption. Exemptions from a certificate of
need were given for certain projects such as for repairs from natural
disasters or if the cost were under a certain amount.
The commission was abolished effective September 1, 1985 (House Bill
2091, 69th Legislature, Regular Session) and the certificate of need
program was to be terminated as of August 31, 1985 (the agency actually
stopped hearing cases in May 1985). The governor was authorized to establish
a capital expenditure review program by executive order if necessary
to prevent loss of federal funds. The federal requirement for state
certificate of need programs was repealed effective January 1, 1987
under the Public Health Service Act (P.L. 99-660).
In 1983 the Health Facilities Commission had 31 employees in three
divisions: Legal, Fiscal, and Administration with an office in Austin.
Texas Health Planning and Development Act, Vernon's Ann.Civ.St., Article
4418h
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were checked
for the Texas Health Facilities Commission and none were found for this
series or the equivalent or related series.
Publications based on records:
Rules, Texas Health Facilities Commission
Summaries of public hearings published in the Texas Register beginning
in 1981
Equivalent series from state Records Retention Schedule: None
Archival holdings:
Hearing files, 1975-1976, 0.7 cubic ft. (Appraised as not archival,
will be destroyed)
Rules, 1975-1976, 1978-1979, 1981, 1984, 0.3 cubic ft. (to be
transferred to the Texas Documents Collection)
Texas Documents Collection holdings:
The Texas Documents Collection contains a rule amendment, 1983, and
proposed rules, 1984, for the Texas Health Facilities Commission.
Gaps? No hearing files after 1976
Appraisal Decision:
These hearing files provide information about public participation in
formulating rules of the agency. Although not archival, the published
rules located in the Texas Documents Collection provide sufficient information
about the rules created by the THFC. I recommend this series be appraised
as not archival. Since the series is not on the General Services Commission
schedule and the records were already at the Archives and Information
Services Division, no changes need to be made to the retention schedule.
return to top
