The following information was obtained from the March 15 issue of the Texas Register.
Public Notices
HHSC intends to submit to CMS a request to renew the HCS waiver program and an amendment to the CBA waiver program. See the Texas Register for details.
Proposed Rules
HHSC proposed to amend §355.8066, Hospital-Specific Limit Methodology, which would provide more detail about the formulas used to calculate the hospital-specific limit, describe the use of a survey to collect data from hospitals for use in calculating the hospital-specific limit, and other changes. For more information, see the Texas Register.
- On DADS’ behalf
HHSC proposed to repeal Subchapter J, §§5.451 – 5.458, PASRR for Intellectual Disability Services, in Chapter 5, Provider Clinical Responsibilities–Intellectual Disability Services. The repeal removes outdated rules from the DADS rule base. HHSC also proposed to repeal §§94.1 – 94.11 and new §§94.1 – 94.12, in Chapter 94, Nurse Aides, which would clarify existing processes and requirements, reorganize information, and update terminology regarding nurse aides. See the Texas Register for more information.
Withdrawn Rules
The Texas Medical Board withdrew the emergency amendment to §161.3 which appeared in the December 28, 2012, issue of the Texas Register (37 TexReg 10067).
Adopted Rules
HHSC adopted the repeal of §354.1430, Definitions, and §354.1432, Benefits and Limitations; and new §354.1430, Definitions, and §354.1432, Telemedicine and Telehealth Benefits and Limitations. The changes implement SB 293, 82nd Legislature, Regular Session, 2011, which requires HHSC to expand services provided by use of advanced telecommunications services.
HHSC also adopted amendments to §355.7001, Reimbursement Methodology for Telemedicine and Telehealth Services, which allows reimbursement to additional health care professionals for telemedicine and telehealth services. For more information about both entries, see the Texas Register.
The Texas Medical Board changed several sections of the code:
General Provisions – 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.
Licensure – Amendments §163.2, Full Texas Medical License. Changes include permitting applicants who graduated from U.S. medical schools that were not LCME-accredited at time of graduation to remain eligible for licensure if board certified.
Procedural Rules – Amendments to §187.44, Probationer Show Compliance Proceedings, which establishe a five calendar day deadline for probationer rebuttal material.
Office-Based Anesthesia Services – Amendments to §192.1, Definitions, and §192.2, Provision of Anesthesia Services in Outpatient Settings. Changes include revising the definitions for analgesics, anesthesia, anesthesia services, anxiolytics, Level IV services, and monitored anesthesia care.
Pain Management Clinics – Amendment to §195.2, Certification of Pain Management Clinics, which provides that if an applicant for a pain management clinic certificate is under investigation by the Board, then a decision on the applicant’s initial application will not be decided upon until the investigation is closed.