The following information was obtained from the May 28 issue of the Texas Register:
Public Hearing and Notices
HHSC will hold a public hearing on June 15, 2010, at 1 p.m., to receive public comment on proposed payment rates for the state-owned veterans nursing facilities, to be held in the Permian Basin Room of the HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas.
HHSC intends to submit Transmittal Number 10-022, Amendment Number 915, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act, which would establish limitations on estate recovery mandated by section 115 of the Medicare Improvements for Patients and Providers Act of 2008, Publ. Law 110-275.
HHSC intends to submit to CMS a request to renew the STAR+PLUS program. See the Texas Register for more information about the hearing and notices.
Proposed Rules
HHSC proposes to amend Title 1, Part 15, Chapter 354, Subchapter A, Division 5, by adding new §354.1063, Preventable Adverse Events. Among the changes: reimbursement for physician services associated with preventable adverse events that occur in the hospital setting will be denied or reduced.
HHSC also proposes to add a new §354.1071, Additional Claim Information Requirements, and §354.7072, Authorized Inpatient Hospital Services, in Title 1, Part 15, Chapter 354, Subchapter A, Division 6, relating to present-on-admission requirements, preventable adverse events, and potentially preventable readmissions. Among the changes: a new §354.1070 that defines “present on admission,” “preventable adverse event,” and “potentially preventable readmission.”
See the relevant section of the Texas Register for details about the proposed changes and where to send written comments
The Texas Medical Board proposes to amend §§185.4, 185.7, 185.16, 185.22, and new §185.27, concerning Physician Assistants. Changes include deleting inaccurate language and providing clarifying language that the rule applies to determinations on active practice; and providing that a PA Board may revoke a temporary license when necessary. See the Texas Register for details.
HHSC proposes on DADS’ behalf to amend §90.3, concerning definitions, §90.11, concerning criteria for licensing, and §90.17, concerning criteria for denying a license or renewal of a license, in Chapter 90, ICFs/MR or Related Conditions. Changes include deleting definitions of the terms “affiliate,” “person with a disclosable interest,” and “manager” and adds a definition for “controlling person” to be consistent with the changes made by SB 806. A definition of “license holder” is also added for clarification.
See the Texas Register for more information.
Withdrawn Rules
HHSC adopted the repeal and replacement of §355.746, concerning Reimbursement Methodology for Mental Retardation Service Coordination, without changes to the proposed text as published in the April 2, 2010, issue of the Texas Register (35 TexReg 2695) and will not be republished. See the Texas Register for more information.
Adopted Rules
DADS adopted changes to five sections of the code:
- Mental Retardation Authority Responsibilities
- Mental Retardation Services–Medicaid State Operating Agency Responsibilities
- Nursing Facility Requirements For Licensure And Medicaid Certification
- Intermediate Care Facilities For Persons With Mental Retardation Or Related Conditions
- Licensing Standards For Assisted Living Facilities