Texas Health and Human Services Digest: February 5, 2021

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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.

Please Note: This is a comprehensive list of upcoming meetings provided by HHSC. Not every meeting fits the parameters for coverage by Texas Insight. Refer to Texas Insight’s “Weekly Insight” newsletters for regular updates on planned coverage.

February 5, 2021

February 8, 2021

February 9, 2021

February 10, 2021

February 11, 2021

February 12, 2021

February 15, 2021

February 17, 2021

February 18, 2021

February 22, 2021

February 24, 2021

February 25, 2021

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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 26, Chapter 553, Licensing Standards for Assisted Living Facilities#19R066: Assisted Living Facilities ReorganizationHHS Rules Coordination Office3/1/21
Title 25, Chapter 131, concerning Freestanding Emergency Medical Care Facilities#20R009: Freestanding Emergency Medical Care FacilitiesHHS Policy, Rules and Training2/22/21
Title 26, Chapter 509, concerning Freestanding Emergency Medical Care Facilities#20R009: Freestanding Emergency Medical Care FacilitiesHHS Policy, Rules and Training2/22/21
Title 1, Chapter 353, Subchapter O, Sections 353.1320 and 353.1322, concerning Community Mental Health Center Directed Payment Program#21R038: Community Mental Health Center Directed Payment ProgramKimberly Tucker2/13/21
Title 1, Chapter 353, Subchapter O, Sections 353.1315 and 353.1317, concerning Rural Health Clinic Directed Payment Program#21R040: Rural Health Clinic Directed Payment ProgramKimberly Tucker2/13/21

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 25, Chapter 295, Subchapter I, Texas Environmental Lead Reduction#21R034DSHS Environmental Hazards Branch1/28/212/11/21

2021 Schedule
As HHSC has received a waiver to Rate Hearing Requirements, there will not be a rate hearing conducted on many of these rates.

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

Proposed Payment Rates for Home and Community-Based Services – Adult Mental Health (HCBS-AMH) Supported Home Living (SHL) and Youth Empowerment Services (YES) Waiver In-Home RespiteApril 01, 2021 Proposed Payment Rates for Home and Community-Based Services – Adult Mental Health (HCBS-AMH) Supported Home Living (SHL) and Youth Empowerment Services (YES) Waiver In-Home Respite
04-01-2021-proposed-rate-hcs-hcbs-mh-sbl-yes-waiver-ihresp.pdf
Notice of Proposed Adjustments to Fees, Rates, or Charges for Medicaid Biennial Calendar Fee Review of the following: Long Acting Reversible Contraceptives (LARCs)April 01, 2021 Notice of Proposed Adjustments to Fees, Rates, or Charges for Medicaid Biennial Calendar Fee Review of the following: Long Acting Reversible Contraceptives (LARCs)
04-01-2021-larcs-biennialcalendarfeereview.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

Notice of Proposed Adjustments to Fees, Rates or Charges for Medical Transportation Program (MTP) Fee ReviewJanuary 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for Medical Transportation Program (MTP) Fee Review
01-2021-medical-transport.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for 2021 Annual Healthcare Common Procedure Coding System (HCPCS) UpdatesJanuary 01, 2021 Notice of Proposed Adjustments to Fees, Rates or Charges for 2021 Annual Healthcare Common Procedure Coding System (HCPCS) Updates
01-01-2021-policy-hcpcs-annual-2021.pdf

Notice of Proposed Adjustments to Fees, Rates or Charges for 2021 Annual Healthcare Common Procedure Coding System (HCPCS) Updates Attachments
01-01-2021-policy-hcpcs-annual-2021-att.zip

Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19) High Throughput TestingJanuary 01, 2021 Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19) High Throughput Testing
01-01-2021-notice-adjfees-hcpcs-covid19-highthrouhput-testing.pdf
Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19)January 01, 2021 Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19)
01-01-2021-notice-adjfeesratescharges-hcpcs-covid19.pdf

Adaptive screener may help identify youth at risk of suicide. NIMH-funded researchers have developed a computerized adaptive screener to identify youth at risk for attempting suicide. The screener, called the computerized adaptive screen for suicidal youth (CASSY), consists of 11 questions on average and correctly identified 82.4% of youth who went on to attempt suicide in the three months following screening. The results suggest this screener could serve as an easy-to-use way for providers to detect youth suicide risk in emergency department settings.

Read more

An MEPD and Texas Works Bulletin Has Been Released. An MEPD and Texas Works Bulletin has been released with new policy or policy clarification. Click here to see the bulletin.

Changes to Texas Administrative Code Chapter References for HHS System. As part of the transformation of the Health and Human Services (HHS) system, rule chapters are being relocated in the Texas Administrative Code (TAC).
Effective March 1, 2021, rules in:

  • 40 TAC Social Services and Assistance, Part 2, Department of Assistive and Rehabilitative Services, Chapter 109, Office for Deaf and Hard of Hearing Services

Will be transferred to:

  • 26 TAC Health and Human Services, Part 1, Texas Health and Human Services Commission, Chapter 360, Office for Deaf and Hard of Hearing Services.

The table below outlines recent rule transfers.

Rule TitleCurrent TACNew TAC
General Rules40 TAC 109, Sub A26 TAC 360, Sub A
Board for Evaluation of Interpreters40 TAC 109, Sub B26 TAC 360,  Sub B
BEI Interpreter Certification40 TAC 109, Sub B, Div 126 TAC 360, Sub B, Div 1
BEI Court Interpreter Certification40 TAC 109, Sub B, Div 226 TAC 360, Sub B, Div 2
BEI Trilingual Certification40 TAC 109, Sub B, Div 326 TAC 360, Sub B, Div 3
BEI Medical Interpreter Certification40 TAC 109, Sub B, Div 426 TAC 360, Sub B, Div 4
Deaf and Hard of Hearing Driver Identification Program40 TAC 109, Sub D26 TAC 360, Sub D
Certificate of Deafness for Tuition Waiver Program40 TAC 109, Sub E26 TAC 360, Sub E

You will need to refer to the new TAC chapters after March 1, 2021. All letters, memoranda, and other guidance remain in effect while HHSC updates outdated references. The rule transfer notice was posted in the February 5, 2021, issue of the Texas Register.

If you have questions about these administrative moves, email the Rules Coordination Office.

Read more.

The following new reports have been posted on the Reports and Presentations page:

February 2021

To see a list of all reports and presentations go to the Reports and Presentations page.

EVV Refresher Training on Feb. 19. The Texas Health and Human Services Commission and Texas Medicaid & Healthcare Partnership are hosting an Electronic Visit Verification webinar.

This training is a refresher and covers topics for Home and Community-based Services program providers, Texas Home Living program providers and financial management services agencies who submit EVV claims for HCS and TxHmL EVV-required services.

The training is not required and is not a substitute for annual EVV training requirements.
Certificates of completion will not be issued.

Attendees will have the opportunity to submit questions throughout the training.
Both HHSC and TMHP will conduct a live question and answer session.

The registration link is below and provides details, such as agenda topics.

HCS/TxHmL EVV Refresher Training – Claims Submission/Claims Matching Policies & Best Practices to Avoid EVV Claim Mismatches
Friday Feb. 19
10 a.m. – Noon
Register for the webinar.
Email HHSC EVV for questions.

REMINDER: Texas Council on Consumer Direction Applications Due Feb. 14. If you’re interested in issues related to the development, implementation, expansion and delivery of services through Consumer Directed Services, you may want to apply to be a member of the Texas Council on Consumer Direction. But act quickly as applications are due Feb. 14! Click here to learn more and apply.

DSHS Flu Surveillance Activity Report Update. This information has recently been updated and is now available.

DFPS Council Meets February 12, 2021. The Texas Department of Family and Protective Services Council will hold a meeting on February 12, 2021 at 9:00 a.m. CST via GoToWebinar.

The link to register for the meeting as an attendee is:
https://register.gotowebinar.com/register/6346491479265219598 (updated)

Note: There is no physical location for the meeting.

You may register for public comment and download the meeting agenda on the DFPS website.