The following information was obtained from December 28 issue of the Texas Register.
Public Hearing and Notice
HHSC will hold a public hearing on Friday, January 11, 2013, at 1:30 p.m. to receive comment on proposed Medicaid payment methodology for cost sharing payments for Medicare services provided to dual eligibles. The hearing will be held in the Lone Star Conference Room.
HHSC intends to submit Transmittal Number 13-001 to the Texas State Plan for Medical Assistance, which would modify the existing payment methodology for all Part B services. See the Texas Register for more information about both notices.
Emergency Rule
The Texas Medical Board adopted an amendment to §161.3, Organization and Structure, which establishes that board members may not appear at disciplinary or licensure hearings on behalf of licensure applicants or licensees and may not submit a written statement on behalf of a licensee or applicant unless the member receives preapproval from the board’s executive committee. For details, see the Texas Register.
Proposed Rules
The Texas Medical Board proposed to amend §161.3, Organization and Structure. See the previous entry in under Emergency Rule.
The board proposed to amend §187.44, Probationer Show Compliance Proceedings, which would establish a five calendar day deadline for probationer rebuttal material.
The board also proposed to amend §192.1, which would revise the definitions of analgesics, anesthesia, anesthesia services, anxiolytics, Level IV services, and monitored anesthesia care; and add definitions for hypnotics, peripheral nerve block and tumescent anesthesia.
The board proposed to amend §192.2, which would revise the requirements for Level I, II, and III services, for necessary emergency equipment, and reporting to the board of intraoperative and postoperative deaths.
Finally, the board proposed to amend §195.2, Certification of Pain Management Clinics, which provides that if an applicant for a pain management clinic certificate is under investigation, a decision won’t be made until the investigation is closed. See the Texas Register for information about each entry.
Adopted Rules
HHSC adopted new §354.1133, Parental Accompaniment Requirement for the Medical Transportation Program and Early and Periodic Screening, Diagnosis, and Treatment services. Among other things, the new rules clarify and confirm HHSC’s policy requiring a parent, a guardian, or an authorized adult to accompany a child who receives an EPSDT (known in Texas as Texas HealthSteps) service pursuant to 25 TAC Chapter 33 or who receives a service or benefit provided by MTP operated pursuant to 1 TAC Chapter 380. See the Texas Register for details.
HHSC adopted the 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 Record Information; and §371.1627, Administrative Review of Rejection of Provider Enrollment by Reason of Criminal History. HHSC also adopts new §§371.1001, 371.1003, 371.1005, 371.1007, 371.1009, 371.1011, 371.1013, and 371.1015, Provider Disclosure and Screening Requirements. The new rules reflect recent state and federal legislation, including the Patient Protection and Affordable Care Act. See the Texas Register for more information.
HHSC adopted amendments to §380.207, Program Limitations in the Medical Transportation Program (MTP) and concurrently adopted new §354.1133, Parental Accompaniment Requirement for MTP and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services. An excerpt:
New §354.1133 clarifies and confirms HHSC policy requiring a parent, a guardian, or another adult authorized by a parent or guardian to accompany a child who receives an EPSDT (known in Texas as Texas Health Steps) service pursuant to 25 TAC Chapter 33 or who receives a service or benefit provided by MTP operated pursuant to 1 TAC Chapter 380. The new rule clarifies and conforms provider practices to HHSC’s understanding of the legislative intent of §32.024(s) and (s-1), Human Resources Code–promoting program integrity, ensuring the safety of children receiving services, and encouraging parental involvement in the care of the child. The new rule will supplement or supersede current rules governing parental accompaniment set out in 1 TAC §380.207, which sets out program limitations in MTP, and 25 TAC §33.2 and §33.6, which set out requirements for EPSDT services.
The Texas Medical Board adopted amendments to §197.2, Definitions, and §197.3, Off-line Medical Director. The amendments add the definition for Emergency Medical Services provider and set out additional requirements to be an off-line medical director, including CME, reporting to the board all entities for which the physician acts as off-line medical director, and having protocols that prohibit the back-signing of transfer orders. For details, see the Texas Register.
Adopted Rule Reviews
The Texas Medical Board adopted the review of Chapter 197, Emergency Medical Service, §§197.1 – 197.6, pursuant to the Texas Government Code, §2001.039.