The following information was obtained from the October 21 issue of the Texas Register:
Public Notice
DADS proposed to amend 40 TAC §92.2, Definitions, in the October 7, 2011, issue of the Texas Register and included outdated definitions for paragraph (8), “behavioral emergency” on page 6702, and paragraph (36), “personal care services” on page 6703, were erroneously included in the rule text of the proposal. Corrections:
(8) Behavioral emergency–Has the meaning given in §92.41(p)(2) of this chapter (relating to Standards for Type A and Type B Assisted Living Facilities).
(36) Personal care services–Assistance with feeding, dressing, moving, bathing, or other personal needs or maintenance; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in the facility or who needs assistance to manage his or her personal life, regardless of whether a guardian has been appointed for the person.
Proposed Rules
HHSC proposed to amend §354.1041, Benefits for Medicare/Medicaid Recipients; §354.1143, Coordination of Title XIX with Parts A and B of Title XVIII; and §354.1149, Exclusions and Limitations. The changes would limit payments for Medicare Part B services provided to dual eligibles to no more than the Medicaid payment amount for the same service, with the exception of renal dialysis services. See the Texas Register for more information.
- On DADS’ Behalf
HHSC proposed to repeal Subchapter I, §§1.401 – 1.405, 1.407, 1.409, and 1.411, In-Home and Family Support Mental Retardation Program, in Chapter 1, State Mental Retardation Authority Responsibilities, to remove rules related to the program.
HHSC also proposed to amend §2.315, MRA administrative functions, in Chapter 2, Mental Retardation Authority Responsibilities, which would remove the requirement that a MRA administer the In-Home and Family Support Program–Mental Retardation in its local service area. For more information about each proposed change, see the Texas Register.
Adopted Rules
HHSC adopted amendments to §360.117, cost sharing in the Medicaid Buy-In program, which exempts recipients who live in a federally declared disaster area from the requirement to pay premiums for up to three months, beginning with the month in which the disaster is declared. See the Texas Register for details.
- On DADS’ Behalf
HHSC adopted amendments to §§19.1001, 19.1002, 19.1510, and 19.1601, nursing services, additional nursing services staffing requirements, emergency medication kits and infection control in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification. Among other things, the changes make the code consistent with the federal requirements for posting nurse staffing information.
HHSC also adopted amendments to §30.16, election of hospice care, and §30.60, Medicaid hospice payments and limitations, in Chapter 30, Medicaid Hospice Program. The changes allow individuals under 21 enrolled in Medicaid or CHIP to elect hospice treatment services without waiving their rights to treatment for their terminal illnesses.
For more information, see the Texas Register.