The following information was obtained from the May 2 issue of the Texas Register:
Open Meetings
The Texas Health and Human Services Commission (HHSC) will hold a series public hearings on May 19, 20, and 23 concerning Medicaid reimbursement rates for various providers. For times and locations, please follow this link and scroll down for more information about each hearing.
Proposed Rules
HHSC has proposed to repeal §352.10, Quality Assurance Fee for the Home and Community-based Services and Community Living Assistance and Support Services waiver programs, under Title 1, Part 15, Chapter 352.
HHSC also proposed amendments to §355.105, concerning General Reporting and Documentation Requirements, Methods, and Procedures, which would establish cost reporting and documentation requirements, methods and procedures for all Department of Aging and Disability Services programs for which the HHSC administers rates. For more information about both proposed rules, see the relevant section of the Texas Register.
The Texas Board of Nursing has proposed to amend 22 Texas Administrative Code §213.12 regarding Witness Fees and Expenses, which would allow a witness who has been subpoenaed by the Board or a party to a proceeding of the Board’s to receive adequate reimbursement for their mileage. The Board also proposes to amend 22 Texas Administrative Code §223.1 regarding Fees, to reduce the renewal fees for Registered and Vocational Nurses from $67 to $65 and from $58 to $55, because of a $4.75 reduction in the fee for an FBI fingerprint-based criminal background check and the increased income from a higher number of RNs and LVNs renewing their licenses.
See the relevant section of the Texas Register for more information.
Adopted Rules
HHSC has adopted new §355.310, concerning the reimbursement methodology for customized power wheelchairs and associated physical or occupational therapy evaluations for qualified Texas nursing facility residents. The new rule lays out the reimbursement methodology.
The Texas Board of Nursing had adopted the repeal of 22 Texas Administrative Code §217.19 (Incident-Based Nursing Peer Review), and §217.20 (Safe Harbor Peer Review for Nurses), because of changes to the peer review process. See the relevant section of the Texas Register for more information.
The following information was obtained from the April 25 issue of the Texas Register:
Adopted Rules
The Texas Health and Human Services Commission (HHSC) adopted amendments to §§19.208, 19.214, and 19.2112, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, which will update terminology and state agency names and correct rule cross-references to reflect changes from health and human services agencies consolidations in 2004 and to make sections consistent with other DADS rules.
For more information, see the relevant section of the Texas Register.
HHSC also adopted amendments to §§94.2, 94.3, and 94.9 - 94.11 in Chapter 94, Nurse Aides, which will allow the Nurse Aide Registry to deem a nurse aide to be unemployable based on a finding that the nurse aide is listed as unemployable in the Employee Misconduct Registry.
For more information, see the relevant section of the Texas Register.
The Texas Department of Aging and Disability Services (DADS) has released two provider and two information letters:
- Guidelines for Reporting Incidents (replaces PL 1999-34)
In a provider letter, DADS notified ICFs/MR about changes in the guidelines for reporting incidents to DADS, effective immediately. The revised guidelines supersede guidelines dated October 1, 1999, for licensed ICFs/MR. Download the five-page letter for more information.
- Expired Licenses (replaces PL 05-49)
DADS informed All Assisted Living Facilities, Adult Day Care Facilities, Nursing Facilities, Home and Community Support Services Agencies, and ICFs/MR, about facility and agency license renewals. Holders must file a renewal application to prevent expiration. Download the provider letter for more information.
- Economic Stimulus Payments — Filing Deadline Extended to October 15, 2008
In a letter to Nursing Facility, Intermediate Care Facilities/Mental Retardation, and Community Program Providers, DADS provided information about the filing extension for the Economic Stimulus rebate. An excerpt from the letter:
Many individuals served by the Department of Aging and Disability Services (DADS) who do not have a federal tax filing requirement and do not usually file an income tax return may be eligible for a rebate through the Economic Stimulus Payment program. These people will need to file a 2007 Income Tax Return to be eligible for the rebate.
The Internal Revenue Service (IRS) has extended the deadline to file IRS Form 1040A so eligible individuals may qualify for a rebate payment through the Economic Stimulus Payment program.
For more information, download the letter.
- Customized Power Wheelchairs Added as Medicaid Nursing Facility Program Service; Additional Information Provided
DADS informed Nursing Facilities about obtaining a Customized Power Wheelchair for an eligible recipient. The 11-page letter and attachment contains details about eligibility requirements, process for requesting, submission, approval process, and other important information. Download the letter and attachment here.
The following information was obtained from the April 18 issue of the Texas Register:
Proposed Rules
The Texas Health and Human Services Commission (HHSC) has proposed to amend §355.8061, concerning payment for hospital services and §355.8069, concerning supplemental payments to certain rural public hospitals, in Title 1 of the Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter J, Division 4, Medicaid Hospital Services. The amendment would make changes to the Non-State-Owned Rural Public Hospital supplemental payment program.
See the relevant section of the Texas Register for more information.
The Texas Department of Aging and Disability Services (DADS) has proposed to amend 19 sections of the code, including those pertaining to Medicaid-certified facilities, the Medicaid hospice program, and the Medicaid Waiver program. Follow this link, and scroll down to read details in each section.
Adopted Rules
HHSC has adopted an amendment to §358.432, concerning Home Equity Treatment and adopts a new §358.444, concerning Medicaid Treatment of Qualified Long-Term Care Partnership Program Insurance Policies, which implements a Long-Term Care Partnership Program to enable individuals who purchase certain approved private long-term care insurance policies to have a dollar-for-dollar exclusion of their resources in an amount equal to the insurance benefits paid on behalf of the individual in determining eligibility for medical assistance.
See the relevant section of the Texas Register for more information.
DADS has adopted a new §19.2614, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification without changes to the proposed text published in the January 18, 2008, issue of the Texas Register (33 TexReg 521), which will allow a nursing facility to procure a customized power wheelchair for a Medicaid-eligible nursing facility resident.
See the relevant section of the Texas Register for more information.
The Texas Department of Aging and Disability Services (DADS) has released a provider and an information letter:
- License Periods and License Renewal Requirements (HCSSAs) [replaces PL 08-06]
DADS informed HCSSAs that beginning May 1, 2008, it will transmit license renewal notices, application forms, and license renewal instructions to current licensees at least 120 days prior to expiration of the current license. Contact the Professional and Technical Review Branch of the Licensing and Credentialing Section at (512) 438-2630 with questions. For more information, download the two-page letter.
- Daily Claims Processing for ICF/MR Service Group 6 Providers
DADS informed ICF/MR Providers, Service Group 6, that all such providers will be able to submit Service Group 6 claims any day of the week, effective April 22, 2008. For more information, call DADS Provider Claims Services (PCS) Provider Hotline at 512-438-2200, Option 1. You may download the letter here.
The Texas Department of Aging and Disability Services (DADS) released four new provider letters and one information letter:
- New HCS and TxHmL Forms 3610 and 3611 for Involuntary Termination of the Consumer Directed Services (CDS) Option
DADS notified Home and Community-Based Services Providers, Texas Home Living Providers, and Mental Retardation Authorities about the process for an involuntary termination of the CDS option for an individual enrolled in the HCS or TxHmL Waiver Programs and the forms that must be submitted to the DADS Access and Intake, Mental Retardation Authorities section, Program Enrollment/Utilization Review staff for review and approval. Download the letter for details.
- MDS Submission Requirements for Section S
DADS informed Nursing Facilities and Minimum Data Set (MDS) Software Vendors that DADS will no longer require nursing facilities to submit MDS Section S, which is the state specific portion, effective September 1, 2008. For more information about the change, download the letter.
- License Periods and License Renewal Requirements for HCSSAs, Adult Day Care Facilities, and Assisted Living Facilities
Senate Bill 1318 authorizes DADS to issue two-year licenses, adjust license fee amounts assess late license renewal fees, and eliminate the opportunity for HCSSAs, Adult Day Care Facilities, and Assisted Living Facilities to renew licenses during the 90-day period after licenses expires. DADS issued separate letters to each provider:
- HCSSAs
- Adult Day Care Facilities
- Assisted Living Facilities
Proposed Rules
On behalf of the Texas Department of Aging and Disability Services (DADS), the Texas Health and Human Services Commission (HHSC) proposed amendments to §10.311, concerning qualifications and training requirements for contractor employees; §10.315, concerning criminal background checks; and §10.321, concerning roles and responsibilities of case managers, in Chapter 10, Guardianship Services. The amendment would update contractor employee qualifications with regard to certification by the Guardianship Certification Board.
HHSC also proposed to amend §19.1306, concerning payment for specialized and rehabilitative services, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification. The amendment would remove rule language regarding the methodology used to set reimbursement rates for specialized and rehabilitative services delivered to Medicaid-eligible individuals in nursing facilities.
HHSC also proposed to amend §92.10, concerning criteria for licensing; §92.15, concerning renewal procedures and qualifications; §92.20, concerning license fees; and §92.51, concerning licensure of facilities for persons with Alzheimer’s disease, in Chapter 92, Licensing Standards for Assisted Living Facilities. The amendment would implement portions of Senate Bill (SB) 1318, 80th Legislature, 2007.
Finally, HHSC proposed to amend §§97.2, 97.244, 97.256, 97.292, 97.295, 97.298, 97.299, 97.301, 97.403 - 97.405, and 97.602, concerning definitions, administrator qualifications and conditions and supervising nurse qualifications, emergency preparedness planning and implementation, agency and client agreement and disclosure, etc.; new §97.259 and §97.260, concerning initial educational training in administration of agencies and continuing education in administration of agencies; and the repeal of §97.259, concerning training in administration of agencies, in Chapter 97, Licensing Standards for Home and Community Support Services Agencies.
For more information on each of these proposed rule changes, follow this link to the October 19 issue of the Texas Register, and scroll down to read each entry.
The Texas Department of Aging and Disability Services (DADS) issued a letter to Nursing Facilities, Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions, Assisted Living Facilities, and Adult Day Care Facilities, about incomplete licensure applications.
Specifically, DADS reminded these providers that a letter of explanation must accompany incomplete license applications, effective October 11. DADS will return incomplete applications that don’t include a letter. For more information, contact the manager of the Facility Certification Unit at (512) 438-2530 or the manager of the Facility Licensing Unit at (512) 438-2348. You may download the provider letter here.
In a letter to Nursing Facilities, the Texas Department of Aging and Disability Services (DADS) alerted these providers to changes in the code required by Senate Bill 344, passed by the 80th Legislature, Regular Session, 2007. Changes to Section 242.0336, Temporary Change of Ownership (CHOW) License, include:
- The Department of Aging and Disability Services (DADS) may not issue a temporary NF CHOW license prior to the 31st day after receiving (1) the application from the CHOW license applicant and (2) written notification from the current license holder of the license holder’s intent to transfer operation of the facility to the license applicant.
- If DADS does not receive the CHOW application and the written notification from the current license holder at least 30 days prior to the CHOW effective date requested in the application, the effective date of the temporary NF CHOW license is the 31st day after the date DADS receives both the application and the written notification from the current license holder.
- DADS is required to issue or deny a temporary NF CHOW license no later than the 31st day after receipt of the completed application.
Download the letter to read about other changes.
DADS informed Home and Community-Based Services Providers, Texas Home Living Program Providers, Community Living Assistance and Support Services Providers, Case Management Agencies, Direct Services Agencies, and Deaf Blind Multiple Disabilities Providers that new convictions barring employment were added to the Health and Safety Code Chapter 250.
For more information about these additions, download the letter here.
The Texas Department of Aging and Disability Services (DADS) notified Community Based Alternatives (CBA), Home and Community Support Services Agencies, CBA Assisted Living/Residential Care Providers, Consolidated Waiver Program Providers, Deaf-Blind with Multiple Disabilities Waiver Providers, Medically Dependent Children’s Program Providers, Primary Home Care Providers, and Day Activity and Health Services Providers that the Texas Health and Human Services Commission has raised the minimum wage for attendant care services, recognizing the impact of the federal minimum wage increase on certain provider types, effective August 1, 2007.
A second rate increase was effective on September 1, 2007. For more information, download the letter here.
DADS notified Non-state Operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) about Medicaid reimbursement rates for the ICF/MR Program, effective September 1, 2007 through August 31, 2009. Download the letter for more information.