The following information was obtained from the March 9 issue of the Texas Register:
Public Hearing and Notices
HHSC will hold a public hearing on April 19, 2012, at 2 p.m., to receive comment on proposed Medicaid payment rates for the Blind Children’s Vocational Discovery and Development Program. The public hearing will be held in the Permian Basin Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin.
HHSC intends to submit to CMS a request to amend the NorthSTAR waiver program, designed to provide behavioral health services to Medicaid-eligible individuals in the Dallas service delivery area.
HHSC intends to submit transmittal number 12-006 to the Texas State Plan for Medical Assistance, which would add the staff credential of family partner to the list of personnel qualified to provide mental health rehabilitative skills training and development and medication training and support under the Medicaid State Plan.
HHSC intends to submit transmittal number 12-005 to the Texas State Plan for Medical Assistance, which would convert the reimbursement methodology for non-emergency medical transportation services from fee-for-service to full risk capitation in the following designated counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Newton, Orange, Polk, San Jacinto, Tyler, Walker, Waller, and Wharton.
For more information about each notice, see the Texas Register.
The Texas Medical Board proposes to amend several sections of the code:
- Licensure
- Physician Registration
- Postgraduate Training Permits
- Fees And Penalties
- Complaints
- Procedural Rules
- Disciplinary Guidelines
- Office-Based Anesthesia Services
- Pain Management Clinics
- Unlicensed Practice
Adopted Rules
HHSC adopted new §§354.1361 – 354.1364, Women’s Health Program. An excerpt:
Senate Bill 747, 79th Legislature, Regular Session, 2005, directed HHSC to establish a five-year demonstration program, called the “Women’s Health Program” (WHP), to expand access to family planning services for women through Medicaid. The bill was codified as Texas Human Resources Code §32.0248. Although §32.0248 expired on September 1, 2011, Human Resources Code §32.024(c-1), as added by the 82nd Legislature, First Called Session, 2011, provides that HHSC may not contract with entities that perform or promote elective abortions or are affiliates of entities that perform or promote elective abortions. The rules are adopted to implement §32.024(c-1).
Background. In July 2010, the Attorney General received two requests for opinions–one from HHSC–regarding HHSC’s authority to adopt a rule that would effectuate subsection (h) and define the term “affiliate.” On February 17, 2011, the Texas Attorney General issued two opinions responding to those requests. The first, Attorney General Opinion No. GA-0844, states that federal law does not preempt §32.0248(h)’s prohibition on contracting with entities that are affiliates of entities that perform or promote elective abortions. The second, Texas Attorney General Opinion GA-0845, clarifies HHSC’s authority to adopt a rule that defines the term “affiliate” for purposes of §32.0248.
Definition of “affiliate.” In accordance with the Attorney General’s guidance, the adopted rules define the term “affiliate” and prohibit HHSC from contracting with a Medicaid provider that performs or promotes elective abortions or affiliates with an entity that performs or promotes elective abortions.