The following information was obtained from the November 1 issue of the Texas Register.
Public Notices
A correction to a public notice that appeared in the September 13, 2013, issue regarding the intent to submit a request for an amendment to the MDCP Medicaid waiver:
The waiver transfer process, allowing individuals to transfer between waivers when medically necessary for services to continue to ensure health and safety, was previously described in the public notice published in the September 13, 2013, issue of the Texas Register (38 TexReg 6060). The waiver transfer process will not be added to this amendment. HHSC is requesting that the Centers for Medicare and Medicaid Services approve this waiver amendment beginning September 1, 2013, and ending August 31, 2017. The waiver amendment application maintains cost neutrality for federal years 2013 through 2017.
A correction to a public notice that appeared in the August 23, 2013, issue regarding the intent to submit a request for an amendment to the CBA Medicaid waiver:
The waiver transfer process will not be added to this amendment. HHSC is requesting that the Centers for Medicare and Medicaid Services approve this waiver amendment beginning September 1, 2013, and ending August 31, 2017. The waiver amendment application maintains cost neutrality for federal years 2013 through 2017.
HHSC intends to submit to CMS a request to amend the Texas Medicaid Wellness Program waiver to allow fee-for-service dual eligible members under the age of 21 eligible for both Medicare and Medicaid to participate in the waiver program.
HHSC will post the draft TANF State Plan on the HHSC site for public review by November 1, 2013. Submit comments during the public comment period that begins November 1 and ends December 16 in writing to Hilary Davis, Policy Strategy, Analysis, and Development, MC-2115, 909 W. 45th Street, Austin, Texas 78751 or electronically to hilary.davis@hhsc.state.tx.us. For additional information or a copy of the TANF State Plan, contact Hilary Davis at (512) 206-5556.
For more information about each entry, see the Texas Register.
Proposed Rules
HHSC proposed to amend §354.1416, Eligibility Criteria, which would change the current exclusion of all dual eligible members to exclude only those dual eligible members age 21 and older from eligibility criteria for the Texas Medicaid Wellness Program. See the Texas Register for details.
- On DADS’ Behalf
HHSC proposed to repeal Chapter 16, §§16.1 – 16.4, Pilot Program to Increase the Use of Advanced Directives in Nursing Facilities and Intermediate Care Facilities for Persons with an Intellectual Disability, which would delete the rules in Chapter 16 regarding a pilot program to increase the use of advance directives. For more information, see the Texas Register.
Adopted Rules
HHSC adopted the repeal of Division 27, f §§354.1361 – 354.1364, Medicaid Women’s Health Program, which repeals obsolete material in the TAC and mitigates possible consumer and provider confusion over the applicability of the obsolete rules to the Texas WHP. See the Texas Register for details.
The Texas Medical Board adopted the repeal of §§193.1 – 193.10 and 193.12 and new §§193.1 – 193.20, Standing Delegation Orders, to encourage the more effective use of physicians’ skills by establishing guidelines for health care task delegation to qualified non-physicians providing services under reasonable physician control and supervision where such delegation and supervision is consistent with the patient’s health and welfare. For more information, see the Texas Register.
- On DADS’ Behalf
HHSC adopted amendments to §§9.203, 9.207, 9.208, 9.221, 9.251, 9.252, 9.256, 9.266, and 9.268, Definitions, Certification and Licensure, Provider Agreement, Durable Medical Equipment, Protecting Individuals’ Personal Funds, Notice Regarding Personal Funds, Program Provider-managed Personal Funds, DADS review of state survey agency findings, and termination of provider agreement; new §§9.225, 9.262, 9.263, and 9.270, Reporting Incidents to DADS, Trust Fund Monitoring and Audits, Informal Review and Formal Hearing, and Suspension of Payments; and the repeal of §9.216, Renewal of Provider Agreement, and §9.225, Reporting Abuse, Neglect, and Injuries of Unknown Source, in Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities.
Among other things, the changes update and delete definitions, update terminology to reflect current usage, correct a rule citation, and specify that a provider agreement remains in effect until terminated, because provider agreements are no longer limited to a term of twelve months. See the Texas Register for details.
