TX Register Updates: Plan B, MRA Changes

The following information was obtained from the December 30 issue of the Texas Register:

Proposed Rules

HHSC proposed new §351.507, adverse licensing, listing, or registration decisions by HHS agencies, in Chapter 351, Coordinated Planning and Delivery of Health and Human Services. The changes would permit agencies that license or regulate certain specified entities to consider adverse licensing decisions made by other HHS licensing agencies when considering a license application or renewal filed with that agency by another agency’s licensees. See the Texas Register for more information.

Adopted Rules

HHSC adopted amendments to §354.1041, Benefits for Medicare/Medicaid Recipients; §354.1143, Coordination of Title XIX with Parts A and B of Title XVIII; and §354.1149, Exclusions and Limitations. The new rules align Medicaid policies on cost sharing payments and limit Medicare Part B payments for services dual eligibles to no more than the Medicaid payment amount for the same service, with the exception of renal dialysis services. For details, see the Texas Register.

  • On DADS’ Behalf

State Mental Retardation Authority Responsibilities – HHSC adopted the repeal of Subchapter I, In-Home and Family Support Mental Retardation Program, in Chapter 1, State Mental Retardation Authority Responsibilities, to remove those rules.

Mental Retardation Authority Responsibilities – HHSC adopted an amendment to §2.315, MRA administrative functions, in Chapter 2, Mental Retardation Authority Responsibilities, to remove the requirement that a MRA administer the In-Home and Family Support Program–Mental Retardation in its local service area.

Licensing Standards For Assisted Living Facilities – HHSC adopted an amendment to §92.2, concerning definitions, in Chapter 92, Licensing Standards for Assisted Living Facilities, to revise the definition of a “controlling person.”