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 following information was obtained from the April 4 issue of the Texas Register:
Notices and Public Hearing
The Texas Health and Human Services Commission (HHSC) has issued a correction to a public notice about its intent to submit Transmittal Number 08-000, Amendment Number 804, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act in the February 1, 2008, issue of the Texas Register (33 TexReg 1001). The correct notice reads:
HHSC announced its intent to submit Transmittal Number 08-006, Amendment Number 810, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective February 1, 2008.
Additionally, HHSC issued a notice that it adopted the following per diem reimbursement rates:
Large State-Operated ICF/MR Facilities-Medicaid Only clients
Proposed interim daily rate: $381.26
Large State-Operated ICF/MR Facilities - Dual-eligible Medicaid/Medicare clients
Proposed interim daily rate: $365.09
HHSC will hold a public hearing on April 22, 2008, at 9 a.m. to receive public comment on proposed payment rates for Supported Employment and Employment Assistance Services in the Deaf-Blind with Multiple Disabilities (DBMD) Program waiver. For more information on the notices and the public hearing, see the relevant section of the Texas Register, and scroll down for each entry.
Adopted Rules
HHSC has adopted an amendment to §355.8063, Reimbursement Methodology for Inpatient Hospital Services, which updates the Medicaid reimbursement methodology for freestanding psychiatric facilities, effective January 1, 2008. See the relevant section of the Texas Register for details.
The Texas Board of Nursing has adopted an amendment to 22 Texas Administrative Code §223.1 (Fees). See the relevant section of the Texas Register for more information.
In response to stakeholder concerns about the implementation of Family Council Provisions in SB 131, the Texas Department of Aging and Disability Services (DADS) issued a provider letter to Nursing Facilities with an attached list of questions and answers. You may download the five-page letter and attachment here.
DADS also released three information letters:
- Nursing Services Billing – DADS informed Community Living Assistance and Support Services Providers that it has implemented an interim process for provider billing until service codes for Licensed Vocational Nursing and Registered Nursing can be updated. You may download the letter here.
- DADS NPI Implementation – DADS informed All Long Term Services and Supports Providers that May 23, 2008, marks the end of the State of Texas contingency period for National Provider Identifier compliance. The previous date was February 29, 2008. Download the letter for more information.
- Nursing Facility Payment Rates for Rehabilitative and Specialized Services - The Texas Health and Human Services Commission has approved new Medicaid payment rates for the Nursing Facility Rehabilitative and Specialized Services Program, effective March 1, 2008. The information letter includes a table of new statewide payment rates.
The following information was obtained from the February 15 edition of the Texas Register:
Open Meeting
The Texas Health and Human Services Commission (HHSC) will hold public hearings on proposed Medicaid payment rates for various procedure codes on February 29, 2008, at 1:30 p.m., in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas.
For more information about the hearing and where to send written comments, see the relevant section of the Texas Register.
Proposed Rules
HHSC has proposed to repeal §355.454, Frequency of Reporting Costs, and proposed to amend §355.457, Fiscal Accountability. The changes would eliminate unnecessary language and update procedures. For more information, see the relevant section of the Texas Register.
The Texas Board of Nursing proposes to repeal §217.19 (Incident-Based Nursing Peer Review), and §217.20 (Safe Harbor Peer Review for Nurses). The Board voted to withdraw proposed new rules based on comments about the rules. For more information, see the relevant section of the Texas Register.
The board also proposes to amend 22 Texas Administrative Code §223.1, concerning Fees. The fee for FBI background and criminal history checks was reduced from $24 to $19.25, for an interim period. For more information, see the relevant section of the Texas Register.
Adopted Rules
The Texas Board of Nursing has adopted amendments to: 1) 22 Texas Administrative Code §214.2, concerning Definitions relating to Vocational Nursing Education; and 2) 22 Texas Administrative Code §215.2, concerning Definitions; §215.3, concerning Program Development, Expansion, and Closure; and §215.4, concerning Approval, relating to Professional Nursing Education. The board also adopted the repeal of §217.13, concerning Peer Assistance Programs.
See the relevant section of the Texas Register for information about changes to all three sections.
The Texas Department of Aging and Disability Services has released 10 new information letters, dated from January 28 to February 12:
- Clarification of Policy and Procedures for Reinstating Personal Assistance Services (PAS) Following a Temporary Institutional Stay (letter)
- Correction to Form 3621 (letter)
- ICM: Long Term Service and Supports (LTSS) Program Operations (letter)
- ICM Program Contracts — Action Required (letter)
- Money Follows the Person Demonstration Program (MFP) — Eligibility and Participation (letter)
- HCS Transfer Process and Transfer Forms (Replaces IL #07-71) (letter)
- Texas Home Living (TxHmL) Transfer Process and Transfer Forms (letter)
- Handling of a Limited Number of Consumer Authorizations Not Converting to ICM (letter)
- Elimination of Paper Forms 3618, 3619 and 3652-A Effective August 1, 2008/Requirement for Electronic Submission Effective August 1, 2008 (letter)
- ICM Specialized Nursing Services (letter)
The Texas Department of Aging and Disability Services (DADS) informed Community Based Alternatives and Consolidated Waiver Program Providers about the addition of Specialized Nursing Services and associated rates. From the letter:
The addition of specialized nursing services is completed as a revision to the individual service plan (ISP) according to current policy and in the same manner as any other ISP change. Providers update and send the following documents to the DADS case manager:
- DADS Form 2067 requesting authorization of specialized nursing services;
- DADS Form 3671-C detailing the new nursing services plan.
The DADS case manager will document the authorized nursing unit rate on DADS Form 3671-1.
You may download the letter here for more information.
DADS informed Home and Community-based Services (HCS) Program Providers, Texas Home Living Program Providers (TxHmL), and Executive Directors of Mental Retardation Authorities that Senate Bill 744, 80th Texas Legislature, Regular Session, 2007, added §48.358 to Subchapter H, Chapter 48 of the Human Resources Code, regarding retaliation. For more information, download the letter here.
Additionally, DADS informed HCS and TxHmL providers about a change to the Client Assignment and Registration System Waiver Data Entry Training Agenda for 2008 classes. To see a list of changes to the agenda, download the three-page letter here.
The following information was obtained from the January 4 edition of the Texas Register:
Public Notice
The Texas Health and Human Services Commission (HHSC) has issued notice of a contract awarded to Public Strategies, Inc. The contract was executed on December 12, 2007, and will expire on August 31, 2008, unless extended or terminated sooner by the parties. The value of the contract is $2,650,000. See the relevant section of the Texas Register for more information.
Adopted Rules
HHSC has adopted the repeal and replacement of §351.3, Purpose, Task, and Duration of Advisory Committees. The former section had outdated language. The new section lists the advisory committees and complies with the requirements set out in the Government Code, §2110.005, Agency-Developed Statement of Purpose and Tasks; Reporting Requirements and §2110.008, Duration of Advisory Committees.
See the relevant section of the Texas Register for more information.
The Texas Board of Nursing (BON) has adopted several amendments relating to Witness Fees and Expenses, Vocational Nursing Education, Professional Nursing Education, Continuing Education, and Advanced Practice Nurse Education. To read about the amendments, follow this link and scroll down for each entry.
The following information was obtained from the November 16 edition of the Texas Register:
Proposed Rules
The Texas Board of Nursing (BON) proposes to amend 22 TAC §§216.1 - 216.7, relating to Continuing Education, pursuant to Senate Bill 993 (SB 993), which deleted the portion of the Nursing Practice Act that required the Board to allow Type II CE. Currently, the BON has discretion to accept only Type I CE courses for license renewal.
BON also proposes to amend Title 22, Texas Administrative Code (TAC), §§219.1 - 219.13 relating to Advanced Nurse Practitioner Program, pursuant to recommendations made by the Sunset Advisory Commission and subsequent changes to the Nursing Practice Act during the 2007 legislative session.
BON will continue to approve pre-licensure programs but will not approve nationally accredited post-licensure programs. For more information about these proposals and where to send written comments, see the relevant section of the Texas Register.
The following information was obtained from the November 9 edition of the Texas Register:
Open Meeting
The Texas Health and Human Services Commission (HHSC) will hold a public hearing on November 28, 2007, at 9:00 a.m. to receive public comment on the proposed rate for Support Consultation Services. The hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. See the relevant section of the Texas Register for where to send written comments.
Proposed Rules
HHSC proposes to amend Title 1, Part 15, Chapter 355, Subchapter C, by adding new §355.313, relating to the reimbursement methodologies for rehabilitative and specialized services provided to Medicaid-eligible residents of a nursing facility. This amendment would set out the reimbursement methodology for rehabilitative and specialized services delivered to Medicaid-eligible clients in nursing facilities.
For more information about the amendment and where to send written comments, see the relevant section of the Texas Register.
HHSC also proposes to amend §355.503, concerning Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; §355.505, concerning Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; and §355.5902, concerning Reimbursement Methodology for Primary Home Care Services.
The amendment would add subparagraph (D) to §355.503(d)(2), which sets out a reimbursement methodology for Personal Care III. For more information about the amendment and where to send written comments, see the relevant section of the Texas Register.