Proposed Rules
On behalf of the Texas Department of Aging and Disability Services (DADS), the Texas Health and Human Services Commission (HHSC) proposed amendments to §10.311, concerning qualifications and training requirements for contractor employees; §10.315, concerning criminal background checks; and §10.321, concerning roles and responsibilities of case managers, in Chapter 10, Guardianship Services. The amendment would update contractor employee qualifications with regard to certification by the Guardianship Certification Board.
HHSC also proposed to amend §19.1306, concerning payment for specialized and rehabilitative services, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification. The amendment would remove rule language regarding the methodology used to set reimbursement rates for specialized and rehabilitative services delivered to Medicaid-eligible individuals in nursing facilities.
HHSC also proposed to amend §92.10, concerning criteria for licensing; §92.15, concerning renewal procedures and qualifications; §92.20, concerning license fees; and §92.51, concerning licensure of facilities for persons with Alzheimer’s disease, in Chapter 92, Licensing Standards for Assisted Living Facilities. The amendment would implement portions of Senate Bill (SB) 1318, 80th Legislature, 2007.
Finally, HHSC proposed to amend §§97.2, 97.244, 97.256, 97.292, 97.295, 97.298, 97.299, 97.301, 97.403 – 97.405, and 97.602, concerning definitions, administrator qualifications and conditions and supervising nurse qualifications, emergency preparedness planning and implementation, agency and client agreement and disclosure, etc.; new §97.259 and §97.260, concerning initial educational training in administration of agencies and continuing education in administration of agencies; and the repeal of §97.259, concerning training in administration of agencies, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies.
For more information on each of these proposed rule changes, follow this link to the October 19 issue of the Texas Register, and scroll down to read each entry.
Withdrawn Rule
HHSC seeks to withdraw proposed amendments to §378.281, the proposed repeal of §§378.282 – 378.290, proposed amendments to §378.381, and proposed amendments to §§378.447, 378.451, and 378.455. See the relevant section of the Texas Register for more information.
Adopted Rules
HHSC adopted an amendment to §355.102, concerning the Cost Determination Process – General Principles of Allowable and Unallowable Costs, in its Reimbursement Rates Chapter. This rule will establish general principles of allowable and unallowable costs.
HHSC adopted amendments to §355.112, concerning the Attendant Compensation Rate Enhancement Program, and §355.503, concerning the Reimbursement Methodology for the Community-Based Alternatives Waiver Program, in its Reimbursement Rates Chapter. This rule establishes general principles of allowable and unallowable costs.
For more information, see the relevant section of the October 19 Texas Register.
HHSC adopted amendments to §§2.101 – 2.103 and 2.105 – 2.112; and the repeal of §§2.104 and 2.113 – 2.115, in Chapter 2, Mental Retardation Authority Responsibilities. These changes will eliminate references related to mental health issues and tailor the remaining rule language exclusively to mental retardation services.
Finally, HHSC adopted an amendment to §97.527 in Chapter 97, governing Licensing Standards for Home and Community Support Services Agencies, which will provide a home and community support services agency (agency) with clearer direction and greater flexibility in responding to a statement of violation or deficiency.
See the relevant section of the Texas Register for more information.
Rule Transfer/Open Meeting
Effective June 15, 2007, House Bill 4062, 80th Legislative Session, 2007, transferred the administration of the Special Nutrition Programs, currently administered by HHSC, to the Texas Department of Agriculture. See this link for more information.
HHSC has issued notice of intent to renew a consultant contract to Public Strategies, Inc., 301 Northwest 63rd Street, Suite 600, Oklahoma City, Oklahoma 73116. The contract will extend through August 31, 2008. The total amount of the contract is $2,650,000, and HHSC says it is open to receive a better offer. To find out how to submit a proposal, see this section of the October 19 Texas Register.