TX Register Updates: Correction, Base Wage

The following information was obtained from the October 11 issue of the Texas Register.

Public Notice Correction

HHSC published a notice in the September 20 issue about the agency’s intent to submit a request to amend the THTQIP. An excerpt:

In the prior public notice published in the September 20, 2013 issue of the Texas Register, HHSC discussed the agency’s intent to request the addition of cognitive rehabilitation therapy as an available service in the STAR+PLUS home and community based services waiver. This service will assist an individual in learning or relearning cognitive skills that have been lost or altered as a result of damage to brain cells/chemistry in order to enable the individual to compensate for the lost cognitive functions. HHSC had anticipated a September 1, 2014, implementation date for this additional service. HHSC will now request that the Centers for Medicare and Medicaid Services (CMS) approve the cognitive rehabilitation therapy waiver amendment with an effective date of March 1, 2014.

Proposed Rules

  • On DADS’ Behalf

HHSC proposed to amend §9.177, Certification Principles: Staff Member and Service Provider Requirements; §9.185, Certification Process; §9.577, Corrective Action and Program Provider Sanctions; and §9.579, Certification Principles: Qualified Personnel, in Subchapter D, HCS Program, and Subchapter N, TxHmL Program, in Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities. The changes would require these program providers to pay a base wage to service providers of supervised living, residential support, supported home living, and community support, of at least $7.50 per hour as of the effective date of the proposed amendments and at least $7.86 per hour, effective September 1, 2014.

HHSC proposed to amend §41.505, Payroll Budgeting, in Chapter 41, CDS Option, which would require an employer or designated representative in the CDS option to budget a base wage of at least $7.50 per hour as of the effective date of the proposed amendments, and at least $7.86 per hour, effective September 1, 2014, for employees providing certain personal attendant services.

HHSC proposed to amend §49.71, Personal Attendants; and §49.72, Financial Management Services Agencies, in Chapter 49, Contracting for Community Care Services, which would require contractors in certain community service programs to pay or ensure payment of a minimum base wage to employees, contractors, and subcontractors providing certain personal attendant services, of at least $7.50 per hour as of the effective date of the proposed amendments and at least $7.86 per hour, effective September 1, 2014.

See the Texas Register for more information about each proposed rule.

Adopted Rules

HHSC adopted amendments to §354.1322, Federally Qualified Health Center Services (FQHC), Provider Participation Requirements, which prohibit expending state funds to reimburse the costs of an FQHC for Medicaid services performed or provided under an affiliation agreement with the FQHC unless HHSC determines that the agreement complies with federal law or administrative rules adopted by HHSC. For details, see the Texas Register.