The following information was obtained from the October 26 issue of the Texas Register.
Public Hearings and Notices
HHSC will hold a public hearing on Wednesday, November 14, 2012, at 1:30 p.m. to receive comment on proposed Medicaid payment rates for Ambulance Services, case management services provided to children and pregnant women, hearing aids; Medicaid biennial calendar fee review, and vaccine and toxoids (shingles vaccine); on Thursday, November 15, 2012, at 1:30 p.m. receive comment on proposed Medicaid payment rates for Licensed Midwife Services in a Birthing Center, and primary care services and vaccine administration services provided by physicians specializing in family practice, internal medicine, or pediatrics as a result of the Affordable Care Act.
Both hearings will be held in the Lone Star Conference Room. See the Texas Register for more information.
Beginning, Monday, October 29, 2012, HHSC will host stakeholder forums to receive public comments on the Medical Transportation Program service delivery models, which might be part of the restructuring of program operations. See the Texas Register for a list of dates, times, and cities.
HHSC intends to submit Transmittal Number 12-037 to the Texas State Plan for Medical Assistance, which would change the rule to allow eligible recipients age 21 and older who have hearing loss in both ears to be limited to one hearing aid. For more information, see the Texas Register.
Proposed Rules
HHSC proposed changes to several sections of the code.
New §358.356 and §358.388, Tuition Savings Programs, in Chapter 358, Medicaid Eligibility for the Elderly and People with Disabilities, which would which prohibit HHSC from considering assets or resources in prepaid tuition programs and higher education savings plans when making eligibility determinations for Medicaid programs.
Amend §359.101, Purpose and Scope, §359.103, Qualified Medicare Beneficiary Program, and §359.109, Qualified Disabled and Working Individual Program, in Chapter 359, Medicare Savings Program, which would which prohibit HHSC from considering assets or resources in prepaid tuition programs and higher education savings plans when making eligibility determinations for Medicaid programs.
Amend §360.113, Resources, in Chapter 360, Medicaid Buy-In Program, which would which prohibit HHSC from considering assets or resources in prepaid tuition programs and higher education savings plans when making eligibility determinations for Medicaid programs.
See the Texas Register for more information.
Repeal of §371.1000, Provider Re-Enrollment or Provider Contract Modification; §371.1621, Provider Enrollment; §371.1623, Criminal History Checks; §371.1625, Use of Criminal History Information; and §371.1627, Administrative Review of Rejection of Provider Enrollment by Reason of Criminal History, and new §§371.1001, 371.1003, 371.1005, 371.1007, 371.1009, 371.1011, 371.1013, and 371.1015, Provider Disclosure and Screening Requirements for Medicaid and other HHS Programs in Texas. Among the changes to implement ACA: describes the screening levels that may apply to provider applicants and provides that applicants with certain histories may be categorized as a higher risk for screening purposes.
Amend §372.904, Application Processing Time Frame; §372.1155, Consequence for Noncooperation with Personal Responsibility Agreement Requirements; and §372.1351, Supplemental Nutrition Assistance Program work requirements, which would impose a sanction on SNAP food benefits for failing to cooperate with TANF or Unemployment Insurance work requirements.
For more information, see the Texas Register.
Withdrawn Rules
DADS withdraws the proposed new §3.507 which appeared in the April 13, 2012, issue of the Texas Register (37 TexReg 2539).
Adopted Rules
HHSC adopted new §§354.1601, 354.1602, 354.1611 – 354.1613, 354.1621, 354.1622, and 354.1631 – 354.1634, Texas Healthcare Transformation and Quality Improvement Program, which describe the composition and organization of RHPs; the criteria, responsibilities, and limitations of an RHP’s anchor, etc.
HHSC adopted amendments to §355.8161, Reimbursement Methodology for Midwife Services, and §355.8181, Birthing Center Reimbursement, which provide reimbursement for licensed midwives for their covered professional services. See the Texas Register for details.
- On DADS’ Behalf
HHSC adopted an amendment to Subchapter A, §3.101, Definitions; and new Subchapter E, Death of an Individual, consisting of §3.501, Discovery; §3.502, Reporting and Notification; §3.503, Medical Certification of Death and Autopsies; §3.504, Disposition; §3.505, Clinical Death Review; §3.506, Administrative Death Review; §3.508, State Office Mortality Review; and §3.509, Independent Mortality Review, in Chapter 3, Administrative Responsibilities of State Facilities. The changes require an SSLC to report the death of an individual to an entity designated to provide independent mortality reviews in accordance with Texas Health and Safety Code Chapter 531.
For more information, see the Texas Register.
HHSC adopted the repeal of Subchapter K, §§8.261 – 8.277 and 8.279, Deaths of Persons Served by State Facilities or Community Centers, in Chapter 8, Client Care–Intellectual Disability Services, to remove requirements for investigating the death of an individual from the Chapter 8 rules. See the Texas Register for details.