Records Appraisal Report:
Health Facilities Commission

Contents of this report
Agency Contact | Agency History | Project Review | Record Series Reviews

Internal links to series reviews
Meeting minutes
Weekly open meeting records
Personnel records
Annual report
Sunset Commission report
Sunset review material
Legislative appropriation requests
Organization charts
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
Hearing files


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

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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.

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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.

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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.

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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."

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

Page last modified: August 31, 2011