Texas Health and Human Services Digest: August 7, 2020

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Previous meetings have made alternative arrangements like phone-in capability or have been canceled. These meetings are on the calendar as of today.

August 10, 2020

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August 25, 2020

Proposed Rules
Formal Comments via the Texas Register
To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State. Interested parties then can review and comment on the proposed rule. The Secretary of State publishes a new issue of the Texas Register each Friday.

The Administrative Procedure Act (Texas Government Code, Chapter 2001) requires the notice published in the Texas Register to include a brief explanation of the proposed rule and a request for comments from any interested person. The notice also includes instructions for submitting comments regarding the rule to the agency, including the date by which comments must be submitted. Agencies must give interested persons “a reasonable opportunity” to submit comments. The public comment period begins on the day after the notice of a proposed rule is published in the Texas Register and lasts for a minimum of 30 calendar days.

Below is a list of proposed rules that have been published in the Texas Register. The proposed rules that are published in the Texas Register are open for public comment until the end of the comment period.

Project No.,
Comment End Date
Title 25, Chapter 37, Subchapter S, Newborn Hearing Screening#19R073: Newborn Hearing ScreeningDSHS Newborn Screening Unit9/8/20
Title 25, Chapter 73, Laboratories, and Title 25, Chapter 218, Subchapter A, Evaluation of Milk Laboratories, and Subchapter B, Evaluation of Shellfish Laboratories#19R014: Evaluation of Milk and Shellfish LaboratoriesDSHS Milk and
Dairy Unit
Title 1, Chapter 370, Subchapter G, Standards for CHIP Managed Care#19R057: CHIP Appeals ProcessHHS Rules Coordination Office8/24/20
Title 40, Chapter 51, Medically Dependent Children Program#18R006: Repeal of MDCP Rules in Title 40HHS Rules Coordination Office8/24/20
Title 25, Chapter 265, General Sanitation#19R043: Public Swimming Pools and SpasDSHS Consumer Protection Division8/24/20
Title 1, Chapter 354, Subchapter D, Division 8 DSRIP Program Demonstration Years 9-10#19R067: Delivery System Reform Incentive Payment (DSRIP) Program DY 9-10HHS Texas Healthcare Transformation and Quality Improvement Program8/17/20
Title 26, Chapter 567 Certificate of Public Advantage#20R041: Certificate of Public Advantage (COPA)HHS Health Care Regulation’s Policy, Rules, and Training8/10/20
Title 25, Chapter 98, Subchapter C, Division 2 Advisory Committee#20R052: Texas HIV Medication Advisory CommitteeDSHS HIV-STD Program8/10/20
Title 26, Chapter 746, Subchapter B, Division 2 Required Notification#20R025: Annual Reporting of Employees Leaving Child-Care CentersHHS Child Care Regulation8/10/20

Draft Rules Informal Comments

Informal opportunities to comment occur before a rule is published in the Texas Register. HHS staff may solicit informal public and stakeholder input by:

  • inviting stakeholders to submit comments on potential rule changes during rule development.
  • sharing a draft rule with stakeholders for review.
  • using existing HHS advisory committees to comment on rules.

There are currently no draft rules available for comment.

ACL is pleased to announce the 2020 awards for its Alzheimer’s Disease Programs Initiative (ADPI) Dementia Capability in Indian Country. The 4 newly awarded, 3-year cooperative agreements are in support of tribal communities located in 4 states across the nation. The awards total $950,931.

As American Indians and Alaska Natives are living longer, the incidence of Alzheimer’s disease and related dementias (ADRD) are increasing in Indian Country. By 2060, the number of Tribal elders aged 65 and older living with dementia is projected to grow significantly.

ACL’s ADPI in Indian Country is dedicated to meeting this challenge through increasing dementia capability in tribal communities. The programs awarded funding are engaging in a range of activities designed to meet the needs of the communities and people they serve. Programs deliver culturally competent long-term services and supports to people living with ADRD, as well as paid and unpaid caregivers.

While each program is different, all include activities designed to support people with ADRD living in tribal communities and their caregivers. The dementia-capable systems resulting from activities under this program are expected to provide culturally competent, quality services and support to help people living with dementia and their caregivers remain independent and safe in their communities.

The successful 2020 ADPI Dementia Capability in Indian Country applicants are:

  • Absentee Shawnee Tribe Of Oklahoma (OK)
  • Aleutian Pribilof Islands Association, Inc. (AK)
  • Great Lakes Inter-Tribal Council (WI)
  • Spirit Lake Tribe (ND)

All of the new grantees are required to dedicate a portion of their funds to direct services. By year 3, all grantees must dedicate 45% of grant funding toward direct service programming that includes, but is not limited to, delivery of home and community-based dementia specific evidence-based and evidence-informed interventions and dementia education and training programs. Grantees develop and deliver program activities with expectations for their sustainability beyond the life of the grant.

Children’s Medical Center Health Plan will be exiting the STAR Kids program in the Dallas service delivery area in September 2020. This area includes Collin, Dallas, Ennis, Hunt, Kaufman, Navarro and Rockwall counties.

Program providers required to use Electronic Visit Verification in the Dallas SDA:

  • Amerigroup will issue new authorizations on Aug. 16, 2020.
  • Aetna will issue new authorizations by Aug. 20, 2020. The original issue date was Aug. 16, 2020 but has been updated to ensure compliance with privacy standards.

To avoid EVV visit transaction rejections at the EVV Aggregator and EVV claim mismatches and denials program providers must:

  1. Log-in to your MCO provider portal to view new authorizations for your members.
  2. Log-in to the EVV system and create a new authorization. Contact your EVV vendor if you need help adding authorizations into the EVV system.
  3. Log-in to the EVV Portal to confirm that visits for these services are accepted at the EVV Aggregator before submitting a claim.
  4. Submit claims using the new authorization to Texas Medicaid & Healthcare Partnership with dates of service on or after Sept. 1, for the claims matching process to occur. The claim will be forwarded to the appropriate MCO for final processing.

Contact your managed care organization (payer) for questions about this notice:

Email: TXEVVSupport@amerigroup.com

Texas Department of State Health Services is accepting public comments from stakeholders on the following proposed rules, which are now posted in the Texas Register:

The draft consent form referenced in the proposed rules is posted and can viewed at https://dshs.texas.gov/tehdi/.

You are invited to provide public comments as individual stakeholders. Please send comments to TEHDI@dshs.texas.gov. The public comment period begins August 7, 2020 and ends September 8, 2020.
Comments can be emailed to DSHS Newborn Screening Unit.

Questions can be emailed to HHS Rules Coordination OfficeVisit the HHS Rulemaking website for more information.