Texas Health and Human Services Digest: December 14, 2020

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From HHSC: While every effort has been made to offer an accurate and current listing of meeting agendas and events on this calendar, the information has been compiled from a variety of sources and is subject to change without notice to the user.

December 14, 2020

December 15, 2020

December 16, 2020

December 22, 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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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.

TitleProject No., DescriptionContactComment End Date
Title 1, Chapter 393, Informal Dispute Resolution and Informal Reconsideration#20R093: Informal Dispute ResolutionAllison Levee12/28/20
Title 26, Chapter 746, Minimum Standards for Child-Care Centers#20R024: Physical Activity, Nutrition, and Screen Time for Licensed Day Care and Registered HomesHHS Child Care Regulation12/21/20
Title 26, Chapter 747, Minimum Standards for Child-Care Homes#20R024: Physical Activity, Nutrition, and Screen Time for Licensed Day Care and Registered HomesHHS Child Care Regulation12/21/20
Title 25, Section 133.48, Patient Safety Program repeal#20R010: Medical Error ReportingHHS Policy, Rules and Training12/21/20
Title 25, Section 135.26, Reporting Requirements, and Section 135.27, Patient Safety Program repeal#20R010: Medical Error ReportingHHS Policy, Rules and Training12/21/20
Title 26, Section 510.47, Patient Safety Program repeal#20R010: Medical Error ReportingHHS Policy, Rules and Training12/21/20
Title 26, Chapter 742, Minimum Standards for Listed Family Homes#20R021: Listed Family HomesHHS Child Care Regulation12/21/20
Title 26, Chapter 744, Minimum Standards for School Age and Before or After School Programs#20R024: Physical Activity, Nutrition, and Screen Time for Licensed Day Care and Registered HomesHHS Child Care Regulation12/21/20
Title 1, Chapter 355, Subchapter J, Division 14, Section 355.8261, Federally Qualified Health Center Services Reimbursement#21R008: Federally Qualified Health Center Services ReimbursementHHS Provider Finance Department12/14/20

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.
TitleProject No.ContactComment Start DateComment End Date
Title 26, Chapter 507, End Stage Renal Disease Facilities#19R008HHS Policy, Rules and Training12/2/2012/16/20

2021 Consideration Schedule

TitleProposed Effective DatePacket UpdatedDocuments
Notice Of Proposed Prospective Reimbursement For Rural Hospitals Participating In MedicaidSeptember 01, 2021 Notice Of Proposed Prospective Reimbursement For Rural Hospitals Participating In Medicaid
09-01-2021-prospective-reimbursement-rural-hospitals-in-medicaid.pdf

Notice of Proposed Prospective Reimbursement For Rural Hospitals Participating In Medicaid Attachment
09-01-2021-prospective-reimbursement-rural-hospitals-in-medicaid-attch-rate-vis.pdf

Notice of Proposed Adjustments to Fees, Rates or Charges for Wound CareMarch 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Wound Care
03-2021-policy-woundcare.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Telemonitoring UpdateMarch 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Telemonitoring Update
03-2021-policy-telemonitoring.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Stereotactic RadiosurgeryMarch 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Stereotactic Radiosurgery
03-2021-policy-stereotactic-radiosurgery.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Nutritional (Enteral) Products, Supplies, and Equipment – Home Health & CCP: Immobilized Lipase CartridgeMarch 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Nutritional (Enteral) Products, Supplies, and Equipment – Home Health & CCP: Immobilized Lipase Cartridge
03-2021-policy-nutrional-prod-sup-equip.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Digital Breast TomosynthesisMarch 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Digital Breast Tomosynthesis
03-2021-policy-dbt.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Colorectal Cancer Screening PolicyMarch 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Colorectal Cancer Screening Policy
03-2021-policy-colorectal-cancer-screen.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Healthcare Common Procedure Coding System (HCPCS)March 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Healthcare Common Procedure Coding System (HCPCS)
03-2021-policy-hcpcs.pdf

Notice of Proposed Adjustments to Fees, Rates or Charges for Healthcare Common Procedure Coding System (HCPCS) Attachments
03-2021-policy-hcpcs-att.zip

Biennial Calendar Fee ReviewMarch 01, 2021 Biennial Calendar Fee Review
03-2021-biennialcalendarfeereview.pdf

Biennial Calendar Fee Review Attachments
03-2021-biennialcalendarfeereview-att.zip

Updated MMSEA Section 111 Group Health Plan (GHP) User Guide Now Available. The MMSEA Section 111 GHP User Guide version 6.0 has been posted to the GHP User Guide page on CMS.gov. Refer to Chapter 1-1 for a summary of updates.

Now Available: Updated 2021 CMS QRDA III Implementation Guide for Eligible Professionals and Eligible Clinicians following the publication of the CY 2021 Physician Fee Schedule Final Rule. The Centers for Medicare & Medicaid Services (CMS) has released an update to the 2021 CMS Quality Reporting Document Architecture (QRDA) Category III Implementation Guide (IG) for Eligible Clinicians and Eligible Professionals to support Calendar Year (CY) 2021 reporting. The update includes the list of electronic clinical quality measures (eCQMs) finalized by CMS for the CY 2021 Performance Period based on the CY 2021 Physician Fee Schedule Final Rule released on December 1, 2020. It also includes information for Improvement Activity Identifiers, Promoting Interoperability Objectives and Measures, and Promoting Interoperability Attestation Statement Identifiers finalized by CMS for the CY 2021 Performance Period based on the CY 2021 Physician Fee Schedule Final Rule

The updated 2021 CMS QRDA III IG outlines requirements for eligible clinicians and eligible professionals to report eCQMs, Improvement Activities, and Promoting Interoperability measures for the CY 2021 performance period for these programs:

  • Quality Payment Program: Merit-based Incentive Payment System (MIPS) and Advanced Alternative Payment Models (APMs)
  • Comprehensive Primary Care Plus (CPC+)
  • Primary Care First (PCF)
  • Medicaid Promoting Interoperability (PI)

Changes to the 2021 CMS QRDA III IG:

  • Updates to Table 14: universally unique identifier (UUID) List for MIPS CY 2021 Performance Period eCQM Specifications for Eligible Professionals and Eligible Clinicians
  • Updates to Table 15: Improvement Activities Identifiers for the MIPS CY 2021 Performance Period.
  • Updates to Table 16: 2021 Promoting Interoperability Objectives and Measures Identifiers
  • Updates to Table 17: Promoting Interoperability Attestation Statements Identifiers

Additional QRDA-Related Resources:
Additional QRDA-related resources, as well as current and past implementation guides, are found on the Electronic Clinical Quality Improvement (eCQI) Resource Center QRDA page.

For questions related to this guidance, the QRDA IGs, Schematrons, or Sample Files, visit the Office of the National Coordinator (ONC) Project Tracking System (Jira) QRDA project.

For questions related to Quality Payment Program/MIPS data submissions visit the Quality Payment Program website, contact by phone 1-866-288-8292, or email QPP@cms.hhs.gov.

Updated Voluntary Data Sharing Agreement (VDSA) User Guides Now Available. Updated Voluntary Data Sharing Agreement and Employer Voluntary Data Sharing Agreement (Non-MSP) user guides have been posted to the Download section of the Voluntary Data Sharing Agreement page on CMS.gov. Refer to Chapter 1 of the guides for a summary of updates.

EVV Portal and Training Updates for December. On Dec. 10, Texas Medicaid & Healthcare Partnership made improvements to the Electronic Visit Verification Portal and updated the related training materials.

For more information, read the TMHP article EVV Portal Improvements and Training Updates.

Email TMHP with questions about these updates.

OIG Update. Welcome to OIG Update – a monthly newsletter from the Texas Health and Human Services Office of Inspector General (OIG). This newsletter highlights some of the OIG’s recent efforts in detecting, preventing and deterring fraud, waste and abuse in the delivery of Texas health and human services programs. Within this email, you’ll find hyperlinks to recent agency news.

Fraud alert for health care providers. The federal government is warning health care providers to take action to prevent ransomware attacks. Learn how to protect yourself on the OIG website.

OIG inspects state supported living center. An OIG inspection focused on the hiring and training processes at a Texas Health and Human Services facility for residents with intellectual and developmental disabilities. Read the results and recommendations.

OIG audits MCO nursing facility payments. The OIG audited a Texas managed care organization (MCO) as a follow-up to complaints of nursing facility payments being delayed by more than 90 days and unprocessed retroactive adjustments. Read the full report.

Children Waiting for Adoption. See the latest children who were added to or updated in the Texas Adoption Resource Exchange (TARE).