The following information appeared in the January 13 issue of the Texas Register.
Public Notices
HHSC adopted a new per diem payment rate for the Tyler state-owned veterans nursing facility: $237.00. HHSC intends to submit to CMS a request to amend the Youth Empowerment Services waiver to expand the geographical area of the waiver to include Tarrant County in addition to Bexar and Travis Counties. See the Texas Register for more information.
Proposed Rules
HHCS proposes to amend §355.105, General Reporting and Documentation Requirements, Methods, and Procedures; §355.112, Attendant Compensation Rate Enhancement; §355.308, concerning Direct Care Staff Rate Component; §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; and §355.5902, Reimbursement Methodology for Primary Home Care.
1) formalize certain existing practices; 2) clarify due dates for consolidated cost reports; 3) change how entities request that their cost reports be aggregated for purposes of determining compliance with Attendant Compensation Rate Enhancement (the Enhancement) spending requirements; 4) eliminate the requirement that all contracts in an aggregated group participate in the Enhancement at the same level; and 5) allow providers subject to a recoupment for failure to meet Enhancement spending requirements on a specific Attendant Compensation Report, and providers subject to recoupment for failure to meet Direct Care Staff Rate staffing and/or spending requirements on a specific Staffing and Compensation Report, to, in certain situations, request that HHSC recalculate their recoupment after combining that report with the provider’s next cost report or Attendant Compensation or Staffing and Compensation Report, as appropriate.
The Texas Medical Board proposes to amend §185.4, Procedural Rules for Licensure Applicants, which provides grounds for the extension of licensure applications that have been on file with the Board for over one year and allow for an alternative licensure process for military spouses. See the Texas Register for details.
Withdrawn Rules
HHSC withdrew the proposed repeal of 1 TAC §355.8381, Case Management Reimbursement Methodology, which appeared in the June 24, 2011, issue of the Texas Register (36 TexReg 3771).
Adopted Rules
The Board of Nursing adopted amendments to §217.6, Failure to Renew License, which are necessary to implement the requirements of SB1733, enacted by the 82nd Legislature, Regular Session, effective June 17, 2011, which simplifies to licensure process for military spouse applicants without compromising the safety of the public. An excerpt:
First, the Board has determined that military spouse applicants should not be required to pay the late fees and fines normally required for reactivating an expired or delinquent license. Because military spouses are often transferred from state to state with little notice, the Board has determined that the purpose of the late fees and fines, which is to encourage a licensee’s timely renewal, is not applicable in such situations. As such, the adopted amendments exempt military spouse applicants from paying these late fees and fines. However, only those military spouse applicants who submit a reactivation application to the Board in paper form will be exempt from paying these late fees and fines. This is because the Board’s online system is unable to process applications that are not accompanied by full payment of the late fees and fines normally required for the reactivation of an expired or delinquent license. Because the Board is unable to alter its online system at this time, the adopted amendments specifically require the reactivation application to be submitted in paper form in order for a military spouse applicant to receive this exemption.
- On DADS’ Behalf
Each change in the sections below authorizes DADS to deny or refuse to renew a license if an applicant or certain persons associated with an applicant are listed in a health and human service agency’s record of adverse licensing action maintained in accordance with Texas Government Code §531.952.
- 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
- Licensing Standards For Home And Community Support Services Agencies
- Adult Day Care And Day Activity And Health Services Requirements
- Denial Or Refusal Of License
Rule Review
The Texas Medical Board proposes to review Chapter 185, Physician Assistants, §§185.1 – 185.27, pursuant to the Texas Government Code, §2001.039. Elsewhere in this issue. the Texas Medical Board contemporaneously proposes amendments to §185.4.