The following information was obtained from the October 7 issue of the Texas Register:
Public Hearings and Notice
HHSC will hold a public hearing on October 27, 2011, at 9 a.m. to receive public comment on proposed rates for Hospice routine home, continuous home, inpatient respite, and general inpatient care, to be held in the Lone Star Conference Room.
HHSC intends to submit transmittal number 11-055 to the Texas State Plan for Medical Assistance, which would establish the Recovery Audit Contractor Program. For more information about the hearing and the amendment, see the Texas Register.
DADS will hold a public hearing on October 18, 2011, at 8:30 a.m. to receive public comment on proposed amendments and new sections to Chapter 9, Subchapter D, the HCS program; Chapter 45, the CLASS program; Chapter 48, Subchapter J, the CBA program; and the MDCP program. The hearing will be held in the Public Hearing Room of the John H. Winters Building, 701 W. 51st Street, Austin. For details, see the Texas Register.
Proposed Rules
HHSC proposes to amend §355.8620, Reimbursement Methodology for Outpatient Services, which would add inpatient services to the type provided by the Indian Health Service or a to a tribe that will be reimbursed. See the Texas Register for more information.
The Texas Medical Board proposes to amend §173.1, Profile Contents; and §173.3, Physician-Initiated Updates. An excerpt:
The amendment to §173.1 clarifies what utilization review services are subject to reporting on a physician’s profile and specifically excludes the reporting of utilization review provided in relation to worker’s compensation claims.
The amendment to §173.3 clarifies that changes in address to be reported to the Board by physicians within 30 days of their occurrence, applies to both mailing and practice address changes.
The board also proposes to amend §175.1, Application and Administrative Fees; §175.2, Registration and Renewal Fees; and §175.5, Payment of Fees or Penalties. An excerpt:
The amendment to §175.1 removes all language relating to surcharges as this term is used only for internal agency purposes and its removal eliminates confusion; increases the application fee for physician-in-training permits used to complete rotations in Texas by $1 due to fee increases set by the Department of Information Resources; and sets the fee at $18 for the processing of Physician/Physician Assistant Jointly-Owned Entity Annual Reports.
The amendment to §175.2 removes all language relating to surcharges as this term is used only for internal agency purposes and its removal eliminates confusion.
The amendment to §175.5 provides that additional fees shall be incurred by individuals who renew their applications online or through hard-copy, depending on the format.
- On DADS’ Behalf
HHSC proposes changes to the code in the following sections:
- Mental Retardation Services–Medicaid State Operating Agency Responsibilities
- Nursing Facility Administrators
- Community Living Assistance And Support Services
- Community Care For Aged And Disabled
- Medically Dependent Children Program
- Licensing Standards For Assisted Living Facilities
- Nurse Aides
- Medication Aides–Program Requirements
Adopted Rules
HHSC adopted §354.1042, concerning home health supplies provided by a pharmacy, and new §354.1877, concerning quantity limitations; and the repeal of Subchapter W concerning pharmacy limitations, which consists of §354.3047, concerning quantity limitations, and §354.3092, concerning review and evaluation.
Among other things, the changes would allow pharmacies enrolled in the Medicaid Vendor Drug Program to provide a limited set of basic home health supplies commonly found in pharmacies without requiring enrollment as a DME provider. See the Texas Register for details.
The Texas Board of Nursing adopted an amendment to §223.1, Fees, which increases the renewal fee for a professional nursing license by $8; the new fee is $73 every two years. See the Texas Register for more information.
- On DADS’ Behalf
HHSC adopted amendments to §§11.2 – 11.4, concerning definitions, quality assurance fee determination methodology, and required reports, in Chapter 11, Quality Assurance Fee. The changes are adopted to require ICF/MR providers to pay a quality assurance fee for all days of paid leave on a monthly basis and exclude durable medical equipment claims from total revenue calculations. For more information, see the Texas Register.
Proposed Rule Review
The Texas Medical Board proposes to review Chapter 173, Physician Profiles, §§173.1 – 173.5 and 173.7; and The Chapter 175, Fees and Penalties, §§175.1 – 175.3 and 175.5. This same Texas Register proposes amendments to §173.1 and §173.3; and §§175.1, 175.2 and 175.5. See the Texas Register for contact information.
