The following information was obtained from the October 22 issue of the Texas Register:
Public Notices
HHSC will hold a public hearing will conduct a public hearing on November 8, 2010, at 9 a.m. to receive public comment on proposed Youth Empowerment Services Waiver program rates for Out-of-Home Respite provided in a Texas Department of Family and Protective Services General Residential Operation licensed to provide emergency care services.
HHSC will hold a pubic hearing on November 9, 2010, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the following:
- Medicaid Frew initiative policies
- 2nd Quarter Healthcare Common Procedure Coding System updates
- Interventional Pain Management
- Positron Emission Tomography Scans
- Substance Use Disorder Services
- Family Planning Providers
- Quarterly Medicaid Fee Reviews
Both hearings will be held in the Lone Star Conference Room at HHSC.
HHSC intends to submit an amendment to the Texas State Plan for Medical Assistance, which would end the Time and Financial Information system used to collect time and financial information. See the Texas Register for details.
Proposed Rules
HHSC proposes changes in Division 34, Out-of-State Services, within Title 1, Part 15, Chapter 354, Subchapter A and §354.1440, concerning Medical Care or Services Provided to Medicaid Recipients Outside of Texas, and new §354.1442, concerning Out-of-State Provider Eligibility.
The repeal of the existing rule and the addition of new rules would strengthen the Medicaid rules regarding services provided to eligible Texas Medicaid recipients by out-of-state providers. For more information, see the Texas Register.
HHSC also proposes to amend §355.508, concerning Reimbursement Methodology for Transition Assistance Services, which would add Transitional Services from the YES waiver to the list of programs included in the reimbursement methodology for Transition Assistance Services.
HHSC proposes to repeal §355.8083, concerning Medical Care or Services Provided Outside of Texas in Another State of the United States, and move the program policy information related to out-of-state providers to new rules in Chapter 354, Medicaid Health Services.
See the Texas Register for more information.
Finally, HHSC proposes to amend §370.325, concerning the annual aggregate cost-sharing cap in the Children’s Health Insurance Program, which would delete the actual cost-sharing caps from the TAC. The proposed amended rule would clarify that the annual aggregate cost-sharing cap for CHIP is established in the Texas CHIP State Plan. For details, see the Texas Register.
On DADS’ behalf, HHSC proposes to repeal Chapter 1, Subchapter D, consisting of §1.151, concerning purpose; §1.152, concerning applicability and scope of rules; §1.153, concerning definitions; §1.154, concerning administrative law judge; §1.155, concerning hearing guidelines; §1.156, concerning conduct of hearings–general requirements; §1.157, concerning prehearing procedure; §1.158, concerning evidence and depositions; §1.159, concerning deliberation; §1.160, concerning decisions; §1.162, concerning references; and §1.163, concerning distribution. The new rules would govern hearings under the Administrative Procedure Act.
See the Texas Register for details.
HHSC proposes amendments to §41.103 in Subchapter A, Introduction; §41.239 and §41.241 in Subchapter B, Responsibilities of Employers and Designated Representatives; and §41.335 in Subchapter C, Enrollment and Responsibilities of Consumer Directed Services Agencies, in Chapter 41, Consumer Directed Services Option. The changes would revise documentation requirements to allow an employer and a CDSA to document services using an EVV system.
See the Texas Register for details.
Finally, HHSC proposes a new Chapter 91, consisting of §§91.1 – 91.8, concerning hearings under the Administrative Procedure Act (APA), which would provide rules governing certain issues related to hearings under the APA. See the Texas Register for more information.
