The following information was obtained from the June 21 issue of the Texas Register.
Public Notices, Corrections, and Hearings
HHSC issued four corrections concerning the Texas Healthcare Transformation Quality Improvement Program waiver program. See the Texas Register for details, and scroll down for each entry.
HHSC will hold a public hearing on Wednesday, July 17, 2013, at 8:30 a.m., to receive comment on proposed Medicaid payment rates for Ambulance Services, Substance Use Disorder Services, Anesthesia Services, and Physician Services (including Physician-Administered Drugs, Evaluation and Management Services, Eye and Ocular Services, and General and Integumentary Services). The hearing will be held in the Public Hearing Room of the Winters Building, located at 701 W. 51st Street, Austin.
HHSC will hold a public hearing on Wednesday, July 10, 2013, at 8:30 a.m., to receive comment on proposed Medicaid payment rates for the Physical, Occupational, and Speech Therapy provided by Comprehensive Outpatient Rehabilitation Facilities/Outpatient Rehabilitation Facilities, Home Health Agencies, and Independent Therapists. The hearing will take place in the Public Hearing Room of the Winters Building. See the Texas Register for more information.
HHSC intents to submit an amendment to the Texas State Plan for Medical Assistance, which would update the fee schedules in the current state plan by including fees for new services and by modifying fees for existing services. For more information, see the Texas Register.
Proposed Rules
The Texas Medical Board proposed to amend §161.3, Organization and Structure, which would prohibit board members from representing a board licensee or group of board licensees in any civil or criminal matter involving matters related to healthcare issues. See the Texas Register for more information.
- On DADS’ Behalf
Deaf Blind with Multiple Disabilities Program – Amendments to §§42.103, 42.212, 42.223, 42.404, and 42.641, Definitions; Process for Enrollment of an Individual; Periodic Review and Update of IPC and IPP; Service Delivery; and Non-billable Time and Activities, in Chapter 42, DBMD program. The changes would authorize a HCSSA DBMD program provider to offer residential habilitation, nursing, case management, out-of-home respite in a camp, adaptive aids, and intervener services at an individual’s request while he’s temporarily staying at a location outside the provider’s contracted service delivery area but within the state.
Client Managed Personal Attendant Services – Repeal of 40 TAC Chapter 44, Subchapter A, §§44.1 – 44.4; Subchapter B, §§44.11, 44.21, 44.31 – 44.33, 44.41 – 44.43, 44.51, 44.52, 44.61 – 44.65, 44.71, and 44.72; Subchapter C, §§44.81 – 44.83; Subchapter D, §§44.91 – 44.94; Subchapter E, §§44.101 – 44.107; and Subchapter F, §44.111 and §44.112, Client Managed Personal Attendant Services; and new Chapter 44, Subchapter A, §§44.101 – 44.103; Subchapter B, §§44.201 – 44.206; Subchapter C, §§44.301 – 44.309; Subchapter D, §§44.401 – 44.404, 44.420 – 44.422, and 44.440 – 44.442; and Subchapter E, §§44.501 – 44.505, Consumer Managed Personal Attendant Services. Among other things, the changes would repeal current rules governing CMPAS in Chapter 44 and adopt new sections that reorganize the existing chapter and incorporate policy changes that have occurred since the rules were adopted.
Community Living Assistance and Support Services – Amendments to §45.702 and §45.805, Protection of Individual, Initial and Annual Explanations, and offering access to other services if termination presents a threat to health and safety; and DSA: Service Delivery, in Chapter 45, Community Living Assistance and Support Services. The amendments would allow a CLASS DSA to provide habilitation, out-of-home respite in a camp described in §45.806(b)(2)(D) (relating to Respite and Dental Treatment), adaptive aids, or nursing to an individual while he’s temporarily staying at a location outside the catchment area in which the individual resides but within the state.
Contracting to Provide Primary Home Care – Amendments to §§47.63, 47.71, and 47.89, Service Delivery, Suspensions, and Reimbursement, in Chapter 47, Contracting to Provide Primary Home Care, which would authorize a HCSSA PHC provider agency to offer attendant services at an individual’s request while he’s temporarily staying at a location outside of the contracted service delivery area but within the state of Texas.
Community Care For Aged And Disabled – Amendments to §§48.6026, 48.6080, and 48.6096, HCSSA qualifications, non-billable time and activities, and service breaks; and new §48.6112 and §48.6114, Personal Assistance Services, Adaptive Aids, Medical Supplies, or Nursing provided outside the HCSSA contracted service delivery area and HCSSA transfer to a different contracted service delivery area, in Chapter 48, Community Care for Aged and Disabled. The amendments would authorize a HCSSA CBA provider to offer personal assistance services, adaptive aids, medical supplies, or nursing at an individual’s request while he’s temporarily staying at a location outside of the contracted service delivery area but within the state of Texas.
Medically Dependent Children Program Services – Amendments to §51.231 and §51.513, Service Limitations and Non-billable Time and Activities; and new §51.245 and §51.247, Respite Services or Adaptive Aids Outside of the Contracted Service Delivery Area and HCSSA transfer to a different contracted service delivery area, in Chapter 51, Medically Dependent Children Program. The amendments would authorize a HCSSA MDCP provider to offer respite services and adaptive aids at an individual’s request while he’s temporarily staying at a location outside of the provider’s contracted service delivery area but within the state.
Licensing Standards for Home and Community Support Services Agencies – Amendments to §97.2, Definitions; §97.29, Application and Issuance of an Alternate Delivery Site License; §97.201, Applicability; §97.244, Administrator Qualifications and Conditions and Supervising Nurse Qualifications; §97.248, Volunteers; §97.257, Medicare Certification Optional; §97.288, Coordination of Services; §97.322, Standards for Alternate Delivery Sites; and §97.602, Administrative Penalties; new §§97.801, 97.810 – 97.813, 97.820 – 97.823, 97.830 – 97.834, 97.840 – 97.846, 97.850 – 97.861, 97.870, 97.871, and 97.880 in new Subchapter H, concerning Standards Specific to Agencies Licensed to Provide Hospice Services; and the repeal of §97.403, Standards Specific to Agencies Licensed to Provide Hospice Services, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies. The changes would better organize the information in the proposed new rule sections.
Adopted Rules
- On DADS’ Behalf
HHSC adopted amendments to §41.103, Definitions; §41.205, Employer Appointment of a Designated Representative; §41.225, Criminal Conviction History Checks; §41.227, Required Registry Checks; §41.301, Contracting as a Consumer Directed Services Agency; §41.305, Appointment of a Designated Representative; §41.307, Initial Orientation of an Employer; §41.309, Financial Management Services and Employer-Agent Responsibilities; §41.323, Criminal Conviction History Check; §41.325, Required Registry Checks; §41.327, Verification of Applicants for Employees, Contractors, and Vendors; and §41.329, Continued Eligibility of an Employee, Contractor, or Vendor; new §41.206, Proof of Guardianship for the Employer; §41.303 Obtaining and Revoking Federal and State Approval to be a Vendor Fiscal/Employer Agent; and §41.306, Proof of Guardianship for Financial Management Services Agencies; and the repeal of §41.203, Registration of an Employer; and §41.303, Employer Registration, in Chapter 41, Consumer Directed Services Option.
Among other things, the changes specify the frequency of registry checks for ongoing verification of provider qualifications and add a requirement for verification of social security numbers for employment. For more information, see the Texas Register.
HHSC adopted the repeal of §§94.1 – 94.11; and new §§94.1 – 94.12 in Chapter 94, Nurse Aides, which clarify existing processes and requirements, reorganize information, and update terminology regarding nurse aides. See the Texas Register for details.
