TX Register Updates: Telemedicine, Cost Reports

The following information was obtained from the November 16 issue of the Texas Register.

Proposed Rules

HHSC proposed to repeal §354.1430, Definitions, and §354.1432, Benefits and Limitations; and proposes new §354.1430, Definitions, and §354.1432, Telemedicine and Telehealth Benefits and Limitations. The proposed rules would reflect new definitions and benefits described in SB 293, which requires HHSC to expand services provided by use of advanced telecommunications services. See the Texas Register for more information.

Withdrawn Rules

HHSC withdrew the proposed amendment to §355.507, which appeared in the August 17, 2012, issue of the Texas Register (37 TexReg 6193). HHSC also withdrew proposed amendment to §48.2915; and new §48.2916; §51.103 which appeared in the June 29, 2012, issue of the Texas Register (37 TexReg 4817). For more information about each entry, see the Texas Register.

Adopted Rules

HHSC adopted amendments §355.105, General Reporting and Documentation Requirements, Methods, and Procedures; §355.112, Attendant Compensation Rate Enhancement; §355.306, Cost Finding Methodology; §355.308, Direct Care Staff Rate Component; §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; §355.509, Reimbursement Methodology for Residential Care; §355.510, Reimbursement Methodology for Emergency Response Services (ERS); §355.511, Reimbursement Methodology for Home-Delivered Meals; §355.513, Reimbursement Methodology for the Deaf-Blind with Multiple Disabilities Waiver Program; §355.5902, Reimbursement Methodology for Primary Home Care; and §355.6907, Reimbursement Methodology for Day Activity and Health Services.

Among other things, the changes would standardize how some providers may be automatically excused from submitting a cost report, delete obsolete language to reflect current agency practice, and update references to legacy health HHS agencies. See the Texas Register for details.

  • On DADS Behalf

HHSC adopted amendments to §19.405, Additional Requirements for Trust Funds in Medicaid-certified Facilities; and §19.2314, Financial Audits, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification. The changes clarify the requirements for managing residents’ personal funds and explain how DADS monitors and enforces those requirements.

HHSC adopted amendments to §98.2, Definitions, and §98.206, Program Requirements, in Chapter 98, Adult Day Care and Day Activity and Health Services Requirements. An excerpt:

In §98.2, the proposed definitions of the Community Based Alternatives (CBA) Program, Medically Dependent Children Program (MDCP), and “functional impairment” are not being adopted. The definition of “authorization” has been amended to reflect that a person’s case manager must decide if services may be provided to an individual. In addition, the terms “case manager” and “individual” are being phased in to replace “case worker” and “client.” The term “day activity and health services (DAHS)” is being amended to clarify that DAHS are structured health, social, and related services provided in a DAHS facility. The definition of the term “individual plan of care” is being amended to clarify that it is developed by a DAHS facility.