The following information was obtained from the April 6 issue of the Texas Register:
Public Notices
HHSC intends to submit to CMS a request for MDCP and CBA waiver program renewals. HHSC also intends to submit transmittal number 12-007, which would add tobacco cessation counseling services for pregnant women, and transmittal number 12-001, which would update the Medicaid State Plan section titled “Section One – Single State Agency Organization” to include current information on agency names and organizational structure. See the Texas Register for more information.
Proposed Rules
- On DADS’ behalf
HHSC proposed to amend §19.101, Definitions, and §19.1601, Infection Control, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, which would require nursing facilities to develop policies for employees and contractors vaccinations. For details, see the Texas Register.
HHSC also proposed to amend §90.3, Definitions, and §90.42, Standards for Facilities Serving Persons with Mental Retardation or Related Conditions; new §90.43, Administration of Medication; and new §90.329, Vaccine Preventable Disease, in Chapter 90, ICF/MR, which would allow an unlicensed person to give medication to an ICF resident under certain conditions. For more information, see the Texas Register.
Finally, HHSC proposed to amend Subchapter A, §92.2, Definitions; Subchapter C, §92.41, standards for type A and type B assisted living facilities; and Subchapter H, Division 9, §92.551, administrative penalties, in Chapter 92, Licensing Standards for Assisted Living Facilities, which would allow an assisted living facility to proactively submit documents for a waiver of the requirement to discharge an inappropriately placed resident. See the Texas Register for more information.
Adopted Rules
- On DADS behalf
HHSC adopted an amendment to §3.101 and adopts new §§3.401 – 3.404, in Chapter 3, Administrative Responsibilities of State Facilities, which consolidates Chapter 3 rules pertaining to SSLC staff training requirements currently in Chapters 4 and 5. HHSC also adopted an amendment to §4.121, in Chapter 4, Rights and Protection of Individuals Receiving Mental Retardation Services, which deletes training requirements for SSLC staff currently in Chapter 4. Finally, HHSC adopted the repeals of §5.363 and §5.410 in Chapter 5, Provider Clinical Responsibilities–Mental Retardation Services, which deletes training requirements for SSLC staff currently in Chapter 5. For more information about each change, see the Texas Register.
Rule Reviews
The Texas Board of Nursing filed an intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapters contained in Title 22, Part 11:
- Chapter 213, Practice and Procedure, §§213.1 – 213.34.
- Chapter 216, Continuing Competency, §§216.1 – 216.11.
- Chapter 221, Advanced Practice Nurses, §§221.1 – 221.4 and §§221.6 – 221-17.
Additionally, the board filed a notice of intent to review and consider for re-adopting, revision, or repeal 22 TAC Chapter 226, Patient Safety Pilot Programs on Nurse Reporting Systems.
