The following information was obtained from the September 11 issue of the Texas Register:
Emergency Rules
The Texas Board of Nursing adopted emergency amendments and new paragraphs to §213.32, concerning Schedule of Administrative Fine(s), effective September 1, 2009. Among of things, the rules would render an individual ineligible to receive corrective action if the person committed one of the specified violations more than once or if the person committed more than one of the specified violations. See the relevant section of the Texas Register for details.
Proposed Rules
The Board of Nursing proposes to amend §213.20, concerning Informal Proceedings and Alternate Dispute Resolution; §213.29, concerning Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters; §213.30, concerning Declaratory Order of Eligibility for Licensure; and §213.33, concerning Factors Considered for Imposition of Penalties/Sanctions and/or Fines.
The changes would authorize the Board to require an individual to submit to a physical or psychological evaluation if there’s probable cause to believe the individual is unable to practice nursing safely because of physical impairment, mental impairment, and chemical dependency.
Read about all changes to the sections here.
Adopted Rules
HHSC adopted amendments to §355.723, relating to Reimbursement Methodology for Home and Community-Based Services (HCS) under Title 1, Part 15, Chapter 355, Subchapter F. An excerpt:
The fee is currently a flat $938.62 per consumer per month or approximately $11,263 per annum. In 2008, a waiver renewal application was submitted to CMS for the HCS waiver program which was set to expire August 31, 2008. In 2008, a waiver renewal application was submitted to CMS for the HCS waiver program which was set to expire August 31, 2008. As a condition of the waiver approval, CMS instructed HHSC to develop and implement a new payment methodology that would incorporate administration and operations costs into the rate for covered services and to discontinue reimbursing for those expenses as a separate monthly payment.
Read more about the changes as well as comments the proposed rules received in the relevant section of the Texas Register.