The following information was obtained from the July 22 issue of the Texas Register:
Public Notices
HHSC intends to submit an amendment to the Texas State Plan for Medical Assistance, which would remove the annual settlement process and establish a prospective and uniform statewide reimbursement rate for the Texas Medicaid State Plan for Case Management for Persons with Chronic Mental Illness and the Rehabilitative Services for Individuals with Chronic Mental Illness programs.
HHSC intends to submit amendments that would modify the reimbursement methodology as a result of a Medicaid fee change for Family Planning Services. For more information, see the Texas Register.
Proposed Rules
The Texas Medical Board proposes to amend §175.1, Application Fees, and §175.2, Registration and Renewal Fees. The changes would raise the fees for initial non-certified radiologic technician to $115.50 and increase the fees for initial and subsequent biennial permits for physician registration by $20 each. See the Texas Register for more information.
Withdrawn Rules
The Texas Medical Board withdraws the proposed amendments to §175.1, which appeared in the May 20, 2011, issue of the Texas Register (36 TexReg 3169). See the Texas Register.
Adopted Rules
HHSC adopted amendments to §354.1341, Benefits and Limitations; and §354.1342, Conditions for Participation, SHARS program, which provides clarity and consistency with the current Medicaid state plan for SHARS.
HHSC adopted new §354.1941, Medicaid Drug Utilization Review (DUR) Board, which outlines the conflict of interest policy that each DUR Board member must agree to uphold for the duration of their term on the board. For details, see the Texas Register.
HHSC adopted amendments to §355.201, concerning the establishment and adjustment of reimbursement rates by HHSC, which clarifies that HHSC may establish fees, rates, and charges for Medicaid services in accordance with state and federal policies, rules, regulations, or guidelines, in addition to state or federal law, as authorized by §531.021(d)(2) of the Government Code.
HHSC adopted amendments to §355.306, Cost Finding Methodology, which modifies the cost-reporting requirements in §355.306(a) so it’s clear that subsection (a) applies only to providers not participating in the rate enhancement and will direct providers participating in the rate enhancement to §355.308(f)(2) for details on their cost-reporting requirements.
HHSC adopted the repeals of §355.741, Definitions for Service Coordination and Targeted Case Management, and §355.742, Service Limitations for Mental Retardation Service Coordination and Targeted Case Management; and the amendment to §355.743, Reimbursement Methodology for Mental Health Case Management. Among other things, the changes remove duplicate information about the reimbursement methodology for certain programs serving people with mental illness and people with intellectual or developmental disabilities.
HHSC adopted an amendment to §355.746, Reimbursement Methodology for Mental Retardation (MR) Service Coordination, to implement a prospective uniform statewide reimbursement rate methodology by eliminating the monthly unit of service and replacing it with an encounter unit of service methodology.
Finally, HHSC adopted amendments §355.781, Rehabilitative Services Reimbursement Methodology, which eliminates the current cost settlement process and implement a prospective uniform statewide reimbursement rate methodology.
For more information about each entry, see the Texas Register.
The Board of Nursing adopted amendments to §217.5, Temporary License and Endorsement, which clarifies the requirements that apply to an individual seeking licensure in Texas through endorsement from another state. An excerpt:
Adopted §217.5(a) prescribes the requirements that apply to an individual who has practiced nursing in another state within the four years immediately preceding his or her request for licensure by endorsement. In those situations, the adopted amendments require the individual to: (i) have graduated from an approved nursing education program; (ii) have passed a licensure examination; (iii) be licensed by another United States jurisdiction; (iv) for graduates of nursing education programs outside of the United States, submit verification of licensure from the country of education or as evidenced by one of the prescribed credentialing services; (v) file a completed application with the Board; (vi) pay the required non-refundable application fee; (vii) submit fingerprints for a criminal background check; and (viii) pass the Board’s approved jurisprudence exam. With the sole exception of eliminating an outdated requirement that an individual submit a passport sized identification photograph with his or her endorsement application, the adopted amendments to §217.5(a) do not alter any of the existing requirements for endorsement applicants who have practiced nursing within the last four years in another state. Rather, the adopted amendments to §217.5(a) better clarify the applicability of the subsection and better organize the requirements of the subsection.
The board also adopted amendments to §221.6, Interim Approval, which are necessary to eliminate the availability of “interim approval” for certain individuals. See the Texas Register.
On DADS’s behalf, HHSC adopted new §19.326, concerning safety operations, in Subchapter D, Facility Construction, and the repeal of existing §19.326, concerning safety operations; and new §19.1914, concerning emergency preparedness and response, in Subchapter T, Administration, and the repeal of existing §19.1914, concerning disaster and emergency preparedness, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification.
The changes were adopted in response to the challenges faced and lessons learned during recent hurricane seasons. An excerpt:
Adopted new §19.326, regarding safety operations, adds rules regarding inspection, testing, and maintenance of fire alarms, sprinkler systems, and generators, and provides requirements for smoking policies.
Adopted new §19.1914, regarding emergency preparedness and response, requires a nursing facility to develop an emergency preparedness and response plan that addresses the core functions of emergency management and designate an emergency preparedness coordinator, a facility staff person who has the authority to manage the facility’s response to an emergency situation in accordance with the plan.
Sections 19.326 and 19.1914 are repealed to allow new rules on topics covered in these sections to be adopted.
HHSC adopted amendments to §97.256, concerning emergency preparedness planning and implementation, and §97.602, concerning administrative penalties, in Chapter 97, Licensing Standards for HCSSAs. Changes include adding the word “management,” which was left out of the phrase “local, state, and federal emergency management agencies.”
Finally, HHSC adopted an amendment to §98.42, concerning safety, in Subchapter C, Facility Construction Procedures, and new §98.64, concerning emergency preparedness and response, in Subchapter D, Licensure and Program Requirements, in Chapter 98, Adult Day Care and Day Activity and Health Services Requirements. Changes include adding specific requirements relating to National Fire Protection Association standards.
For more information about these changes, see the Texas Register.
