The following information was obtained from the December 21 and December 28 editions of the Texas Register:
Open Meetings
The Texas Health and Human Services Commission (HHSC) will hold a public rate hearing on January 10, 2008, at 9:00 a.m. in the Palo Duro Canyon Conference Room of the Braker Center, to receive public comment on proposed Medicaid payment rates for Rural Health Clinics and Federally Qualified Health Clinics. For more information, including where to send written comments, see the relevant section of the Texas Register.
HHSC will hold a public hearing on January 14, 2008, at 10:00 a.m. in the Lone Star Conference Room of the Braker Center, to receive public comment on the proposed interim per diem Medicaid reimbursement rate for large, state-operated Intermediate Care Facilities for Persons with Mental Retardation operated by the Texas Department of Aging and Disability Services. For more information, including where to send written comments, see the relevant section of the Texas Register. Additionally, scroll down to read about HHSC’s intent submit two amendments.

The U.S. Citizenship and Immigration Services (CIS), which enforces federal employment verification requirements, has issued the first updated Form I-9 since 1991. Devised to help employers verify that every new employee is either a U.S. citizen or authorized to work in the U.S., the law requires that the new Form I-9 be used for all individuals hired on or after November 7, 2007. However, CIS also granted a 30-day “transition period” for employers to begin using the new form. That transition period ended last week on December 26, 2007. Employers’ use of the prior version of the Form I-9 may now result in administrative penalties.
CIS also revised its “Handbook for Employers” last month, which explains the new I-9 process in detail and includes questions and answers on filling out the form, examples of the acceptable documents, and a copy of the Form I-9. To verify that you have the correct version, the new form is identified in the lower right hand corner as “Form I-9 (Rev. 06/05/07) N.”

Since December 11, the Texas Department of Aging and Disability Services (DADS) has issued provider and information letters to the following:
Nursing Facilities
- Authority to Make Health Care Decisions (letter)
- Rules and Regulations Concerning Provider Continuing In-service Education for Certified Nurse Aides (letter)
Home and Community Support Services Agencies
- Medicare Treatment Consent Requirements (letter)
Primary Home Care and Community Attendant Services Providers
- Supervisory Visit Requirements (letter)
Home and Community-based Services Providers, Texas Home Living Providers, and Mental Retardation Authorities
- Transfer and Billing information related to the Client Assignment and Registration System conversion for the implementation of Consumer Directed Services (letter)
Most Providers
- Second Notice of Tentative DADS Payment System Downtime for All Payments including those to Long Term Care Providers (letter)

According to a Government Accountability Office (GAO) released last month, the Centers for Medicare and Medicaid Services (CMS) may have made $90 million worth of “questionable” payments to Medicare Part D contractors hired to help launch the program. (Kaiser Network)
Some payments didn’t comply with terms of the contracts, the GAO found. Jeff Nelligan, CMS spokesperson, said launching the Part D program “required some contract decisions outside of standard policy.” You may download the 74-page report here (PDF).
GAO issued a second report which revealed that states covering adults under the State Children’s Health Insurance Program (SCHIP) are more likely to have budget shortfalls than states that do not. Jocelyn Guyer, a deputy executive director of the Center for Women and Families at Georgetown University, told CQ HealthBeat that the Clinton and Bush adminstrations encouraged states to cover adults under the program.
For more information, download the 50-page report here (PDF).

The Association of American Physicians and Surgeons has filed suit on behalf of its members against the Texas Medical Board. Go here to see the allegations.

Earlier this week, the U.S. Senate approved a bill that would delay a 10 percent physicians fee cut for six months. The Senate also voted to extend the State Children’s Health Insurance Program (SCHIP) through March 2009. (Kaiser Network)
The bill would increase physicians fees by 0.5 percent for six months. Commenting on this action, the American Medical Association (AMA) said:
“It is extremely disappointing that after all the hard work in the House earlier this year to replace two years of Medicare physician payment cuts with increases that would help physicians keep up with medical practice costs, the final action passed by the House and Senate stops the cut for just six months, which creates uncertainty for both Medicare patients and physicians.”
Among other things, the Senate-passed measure would bar the service area expansion of Medicare Advantage special needs plans and put a limited moratorium on new long term acute care hospitals to ensure that patients are receiving appropriate levels of care at existing facilities.
Regarding SCHIP, you may recall that President George W. Bush twice vetoed a bill that sought to fund and extend the program. The AMA said it “applauds Congress for taking action to renew the government health care coverage program for America’s low-income children. This action will provide federal funds to cover state budget shortfalls.”

The following information was obtained from the December 14 edition of the Texas Register:
Open Meetings
The Texas Health and Human Services Commission (HHSC) has issued notice of adopted Medicaid provider payment rates for the Truman W. Smith Children’s Care Center. The rates are as follows: $182.75, effective January 1, 2007 through August 31, 2007; and $189.04, effective September 1, 2007.
HHSC will hold public hearings for proposed Medicaid payment rates for various programs operated by the Texas Department of Aging and Disability Services. To learn more about the rates, programs, where the meetings will be held, and where to send comments, see the relevant section of the Texas Register. (Keep scrolling to see all entries).
Adopted Rules
HHSC has adopted the repeal and replacement of Subchapter A, §379.1, concerning definitions for programs serving adult victims (and their children) of family violence. This change will affect contracting, fiscal, board, facility, service delivery, and program administration issues related to providing shelter, nonresidential and special project services.
For a complete list of changes, see the relevant section of the Texas Register.

The following information was obtained from the December 7 edition of the Texas Register:
The Texas Department of Aging and Disability Services (DADS) will hold a public meeting on Autism Spectrum Disorders in Texas on December 12, 2007, at the Texas State Capitol Building, Room E1.012 from 10 a.m. - 3 p.m. The goal of the meeting is for the Texas Council on Autism and Pervasive Developmental Disorders to hear from major stakeholder groups.
For more information about the meeting, see the relevant section of the Texas Register.
The Texas Health and Human Services Commission (HHSC) announced its intent to submit a waiver proposal for the reimbursement methodology for a primary care case management program under the authority of §1915(b) of the Social Security Act.
Additionally, HHSC announced its intent to submit Transmittal Number 08-001, Amendment Number 805, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
Finally, HHSC has released a Request for Proposals (RFP) for a consultant contract for “a study of Texas boarding houses” to develop a comprehensive report about the most effective ways to resolve boarding house issues. For more information about these three items, see the relevant sections of the Texas Register.

For the second time, President George W. Bush has vetoed a bill that would have expanded the State Children’s Health Insurance Program (SCHIP). According to Newsday, lawmakers say they will no longer seek to expand the bill.
Mike Leavitt, secretary of the U.S. Department of Health and Human Services, said the president would have been willing to sign a bill that would increase SCHIP’s funding by only $20 billion over five years instead of the proposed $35 billion over five years. Lawmakers modified the bill after the first veto but didn’t lower the proposed funding amount. (Kaiser Network)
Some lawmakers were concerned that the bill’s expansion would result in SCHIP coverage of families who could afford private health insurance, at the expense of low-income families.

In an information letter to relocation contractors, the Texas Department of Aging and Disability Services (DADS) explained changes that can be made to the relocation contract budget, effective immediately. For information about line items and transfers between line items, download the letter.
DADS informed Community Living Assistance and Support Service Program Providers, Deaf Blind with Multiple Disabilities Program Providers, and Home and Community Services Program Providers that the Centers for Medicare and Medicaid Services (CMS) allows certain Medicare Rx expenses paid by some consumers enrolled in 1915(c) Medicaid waiver programs to be considered as incurred medical expenses (IMEs). From the letter:
IMEs are expenses that consumers incur for necessary medical services for which Medicaid does not pay, (examples include prescription co-pays required by Medicare Rx) and for waiver consumers who have a Qualified Income Trust (QIT) to pay a Medicaid waiver co-payment for their waiver services and may request IMEs to reduce the amount of this co-payment.
Find information about QITs on this web page, and download the letter here.
DADS clarified procedures for conducting and billing for the required reassessment of a Community Based Alternatives or Consolidated Waiver Program consumer temporarily admitted to a nursing facility or hospital. To learn more about these procedures, download the letter here.



