The following information was obtained from the May 17 issue of the Texas Register.
Public Notice
The Texas Board of Nursing proposed to amend 22 TAC §§213.27, 213.28, 213.29, 213.30, and 213.33, concerning Practice and Procedure: Disciplinary Guidelines for Criminal Conduct (PDF)
Proposed Rules
HHSC proposed to amend §355.8401, Case Management Reimbursement Methodology, which would update and clarify the methodology used to determine the Medicaid reimbursement rates for providers of Case Management for Children and Pregnant Women services. See the Texas Register for more information.
The Texas Board of Nursing proposed to amend §211.4, Officers, which would specify that the term of the Vice President will be two years; that board elections will be held biennially; and prescribe procedures in the event that the office becomes vacant during any two-year term. See the Texas Register for more information.
The board also proposed to amend §213.27, Good Professional Character, which would incorporate the use of the Guidelines in determining an individual’s good professional character that is necessary to obtain or retain a nursing license. For details, see the Texas Register.
Finally, the board proposed to amend §217.14, Registered Nurses Performing Radiologic Procedures, which would update the reference to The Joint Commission and provide that a registered nurse who performs radiologic procedures other than in a hospital that participates in the federal Medicare program or that is accredited by the Joint Commission must submit an application for registration to the board. See the Texas Register for more information.
Withdrawn Rules
The Texas Medical Board withdrew proposed amendments to §187.18 and §197.5, both of which appeared in the which appeared in the May 10, 2013, issue of the Texas Register.
Adopted Rules
HHSC adopted amendments to §355.310, Reimbursement Methodology for Customized Equipment, and new §355.748, Reimbursement Methodology for Preadmission Screening and Resident Review (PASRR) Level II Evaluations. Among other things, the changes provide the reimbursement methodology used to determine reimbursement rates for qualified providers conducting the evaluation to identify individuals eligible for PASRR services. See the Texas Register for details.
- On DADS Behalf
HHSC adopted the repeal of Subchapter J, §§5.451 – 5.458, PASARR for Intellectual Disability Services, in Chapter 5, Provider Clinical Responsibilities–Intellectual Disability Services, which removes outdated rules. HHSC adopted new Chapter 17, PASRR, consisting of Subchapter A, §§17.101 – 17.104, General Provisions; Subchapter B, §§17.201 – 17.203, Screening, Expedited Admission, and Resident Review; Subchapter C, §§17.301 – 17.303, Responsibilities; and Subchapter D, §17.401, Vendor Payment. An excerpt:
In December 2009, the Health and Human Services Commission (HHSC) received a letter from CMS outlining areas in which the current PASRR program in Texas does not appear to meet federal requirements. Specifically, CMS cited three issues. First, PASRR Level II evaluations must include a recommendation of specific specialized services needed by an individual prior to admission to a nursing facility. Second, nursing facility staff must not perform PASRR Level II evaluations. Third, the state must describe its resident review processes, specifically the roles and responsibilities of the state mental health and intellectual disability authorities, when the individual has a significant change in status.
HHSC adopted the repeal of §19.2500, PASRR, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, which provides, among other things, that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS. See the Texas Register for more information.
