The following information was obtained from the May 4 issue of the Texas Register.
Emergency Rules
For 60 days, HHSC is renewing the effectiveness of the adoption of new §355.8201 and §355.8202.
Proposed Rules
HHSC proposed to amend §353.2, definitions; and §353.403, enrollment and disenrollment; and proposes new Subchapter K, consisting of §353.1001 and §353.1003, Children’s Medicaid Dental Services, in Chapter 353, Medicaid Managed Care. The changes would describe the default assignment process for dental homes.
HHSC also proposed new §355.314, Supplemental Payments to Non-State Government-Owned Nursing Facilities, which would establish the methodology for determination and payment of supplemental UPL payments for non-state government-owned NFs.
Finally, HHSC proposes to amend §370.4, definitions, §370.301, CHIP enrollment packet, and §370.303, completion of enrollment, in Chapter 370, State Children’s Health Insurance Program. The changes would describe the default assignment process for dental homes. For more information about these changes, see the Texas Register.
The Texas Medical Board proposed to amend several sections of the code:
- Licensure – §§163.2, 163.4 and 163.5, Licensure, which among other things would set out medical graduation requirements for 5th pathway applicants to be consistent with rules relating to other types of applicants for full licensure.
- Physician Registration – §166.1, Physician Registration, and §166.3, Retired Physician Exception, which among other things would provide that a physician will not be eligible for a registration permit if the physician has violated §170.002 or Chapter 171.
- Temporary And Limited Licenses – §§172.8, 172.15, and 172.16, Temporary and Limited Licenses, which among other things would provide that applicants for Faculty Temporary Licenses will be determined ineligible for FTLs based on the same reasons for ineligibility for full licensure.
- Business Organizations – §177.5, Special Requirements for 162.001(b) Health Organizations, which would require non-profit health organizations to adopt and enforce policies to ensure that physicians employed by the organization exercise independent medical judgment.
- Disciplinary Guidelines – §190.8, Violation Guidelines, which would add that the board will take disciplinary action if the physician violates §170.002 or Chapter 171, Texas Health and Safety Code.
Withdrawn Rules
The Texas Medical Board withdrew the proposed amendments to §163.2 and §163.5, which appeared in the March 9, 2012, issue of the Texas Register.
Adopted Rules
HHSC adopted new §354.1853, Specialty Drugs, which adds a section to require MCOs and subcontracted PBMs to adopt policies and procedures for reclassifying prescription drugs from retail to specialty drugs that are consistent with rules adopted by the Executive Commissioner. HHSC also adopted amendments to §355.101, Introduction, and §355.107, Notification of Exclusions and Adjustments, which adopts a formal definition for the term “line item” and eliminates a reference to auditors. See the Texas Register for details.
The Texas Medical Board adopted amendments to several sections of the code:
- Physician Registration – §166.2, Continuing Medical Education, which provides that physicians who treat tick-borne diseases should complete relevant CME as required by Senate Bill 1360.
- Fees And Penalties – §175.5, Payment of Fees or Penalties, to clarify that additional fees for hard-copy registrations are only for renewal purposes and not initial applications for licensure.
- Complaints – §178.3, Complaint Procedure Notification, which changes language related to required notice posting by autopsy facilities to refer to “persons” rather than “physicians” and adds two new figures to subsection (d).
- Physician Assistants – §185.4, Procedural Rules for Licensure Applicants, to provide grounds for the license application extensions for those on file with the board for over a year and allows for an alternative licensure process for military spouses.
- Procedural Rules – §187.13, Informal Board Proceedings Relating to Licensure Eligibility, which changes the appeal process for denied licensure applicants or approved for licensure under an agreed order or remedial plan.
- Disciplinary Guidelines – §190.15, Aggravating and Mitigating Factors, which provides that mitigating factors in a matter before the board where a licensee has violated the Medical Practice Act don’t require the board to dismiss the case.
